Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2019

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 15th July 2019 Grand Committee

[Baroness Thornhill (LD)]

I thank the Minister for that concise and informative introduction. We understand the technical purpose of the SI, and particularly appreciate the need for local authorities to be able to recoup their costs. The uplift of 20% that he mentioned was certainly welcomed, although he is probably as aware as I am that there is still a gap.

Evidence shows that more and more people extend their homes rather than move, so an increasing number of prior approvals are being sought. Therefore, the ability to charge for that will be welcomed. I know from personal experience that there is a reasonable amount of work involved, the more so in larger extensions. Those usually involve conflict with the next-door neighbour, who of course has no means of stopping the development because these are permitted developments. Despite that, councillors and officers get drawn in and it all takes time. I am curious about how the nationally set cost of £96 has been arrived at, alongside other fees. Perhaps the Minister could point me in the right direction for an explanation.

As the Minister said, councils need well-resourced planning departments to deliver the Government’s ambitious housing agenda; on that we agree. There is also a national shortage of planning officers, and the cost of living in different parts of the country differs considerably and means that councils struggle to recruit or have to pay higher salaries if they are to function. Yet these fees are nationally set, so from Land’s End to John O’Groats they are the same. Are there any plans to allow a fair and transparent scheme to give councils flexibility to set appropriate fees that might reflect local circumstances?

Permitted development rights in general are being extended, the latest being, as the Minister said, in May this year, despite some serious opposition from organisations such as the Campaign to Protect Rural England, the Town and Country Planning Association and others that have genuinely well-documented concern that in the Government’s legitimate desire to increase the number of homes, which we would absolutely agree with, issues such as quality and sustainability are being totally neglected, and that the most recent liberalisation of permitted development on the high street could be a blessing or a curse depending on local circumstances. Councils’ only recourse is to apply for an Article 4 direction to remove that automatic right. I know from personal experience of how difficult it was to get an Article 4 direction placed on our premier office headquarters area that this is neither speedy nor simple. We succeeded, but it was an expensive, tough battle. Do the Government keep records of the number of councils that apply for an Article 4 direction and how many are actually granted? The Minister mentioned other reviews; are there any plans to review the impact, good or bad, of the extended permitted development rights, particularly on quality and sustainability?

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

My Lords, I draw the Committee’s attention to my relevant registered interest as a vice-president of the Local Government Association. As noble Lords have heard, these regulations will remove the sunset clause to enable fees to be charged beyond the date the noble Lord referred to and introduce an additional £96 fee for prior approval applications for larger new extensions.

As far as they go, I am very happy to support the regulations. The increases in fees in recent times have generally been welcome, but it is still fair to say that planning departments are still being subsidised by the local council tax payer. We should try to eliminate that over a period of time. I agree very much with the comments of the noble Baroness, Lady Thornhill, who asked how the £96 fee was arrived at. It would be good to hear that from the noble Lord, Lord Bourne, because it is a fair point that there are different associated costs across the country. How was this one figure reached? I look forward to hearing that.

I have mentioned many times during these debates that the Government often want to try new things out, such as new pilot schemes. I have asked many times: why can we not find just one volunteer authority to look at full cost recovery of planning fees? Surely we can find just one council in England to do that for us to see whether full cost recovery would work. It might not, and the pilot might show that that is the case, but I cannot see why we cannot find just one council somewhere in England to pilot full cost recovery on planning fees for the Government to see what effect it has. We hear lots of stuff about planning, most of it a load of old nonsense about how planning committees and planning departments are holding up all this housebuilding. It is absolutely rubbish. Was it 300,000 applications without a brick being laid? I know that the noble Lord did not say that, but we read this rubbish all over the place. I do not see why we cannot look at full cost recovery and at how it is not the planning regime, the council or the planning committees holding up housebuilding.

Having said that, I have no objection at all to the regulations. I am very happy to approve them and I look forward to the noble Lord’s response to the few points that I and the noble Baroness, Lady Thornhill, have raised.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness, Lady Thornhill, and the noble Lord, Lord Kennedy, for their contributions on the issue of planning fees. I seek to deal with their points in the order they were raised.

I thank the noble Baroness for her general welcome of the 20% increase, which has certainly made a difference to the running of planning departments up and down the country. She rightly referred to the use of prior approval for larger, single-storey, rear-of-house extensions. In the two years up to March 2019 there were just over 52,900 prior approval applications for such extensions of which 81% proceeded. That indicates the importance of the £96 cost.

Both the noble Baroness and the noble Lord asked how that cost was arrived at. I referred to the fact that some applications already attracted it. I will not go through the whole list as it is quite long, but I will give a sample and ensure that I send the full list to the noble Baroness and the noble Lord. Here are some examples: the erection of an agricultural building; the method of demolition of a building; development consisting of the erection or construction of a click-and-collect facility within the curtilage of a shop; the temporary use of buildings or land and the associated temporary structures for the purpose of commercial filmmaking; the installation, alteration or replacement of solar photovoltaic equipment on the roofs of non-domestic buildings; the change in use of buildings or land from offices in class B1(a)—the list goes on. I accept that the question of how the figure of £96 was arrived at remains but I hope that the fact that it is the consistent amount charged for so many different applications is helpful for the noble Baroness and the noble Lord. I will ensure that it is assessed.

The noble Baroness, Lady Thornhill, asked about the quality of developments. As I indicated, permitted development rights are delivering additional, much-needed new homes. Of course, all homes are required to meet building regulations right across the board, including in respect of fire safety. We expect all homes to be of good quality, but we are aware of concerns raised about certain developments. That is why we announced in the Spring Statement that we will review permitted development rights for the conversion of buildings to residential use in respect of the quality standards for homes delivered. I think that the noble Baroness made that point relating to Article 4, but I will pick up on it in more detail in a letter; I thank her for what she said.

The noble Baroness and the noble Lord both raised the issue of additional fees. The accelerated planning Green Paper will be issued later this year and will look at some of the issues that were touched on. For example, it could cover the point made quite fairly by the noble Lord about a pilot for full cost recovery, although let us wait to see to what extent; there will certainly be an opportunity to look at that matter.

I thank the noble Lord, Lord Kennedy, for his support. I agree that it is important that we get this right and fund planning departments appropriately; they should be funded by planning applications fees, not cross-subsidy, unless that is what councils want, perhaps in addition to putting in extra staff. That remains a possibility but, in principle, we expect the fees to pay for planning departments. I anticipate that the accelerated planning Green Paper, which will be out later this year, will look at that issue.

Once again, I would be grateful to the noble Baroness and the noble Lord if they would allow me to pick up on their points of detail in correspondence.

Homes for Social Rent

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 2nd July 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I know better than to try to stop the noble Lord doing just that. I am keen to associate myself with that during what, as he rightly says, is Rural Housing Week. We do this already, although I recognise the challenges, having represented a deeply rural area. We do already have rural exceptions and provide weighting for housing developments because of the small and medium-sized enterprises prevalent in rural areas. The noble Lord is absolutely right: we need to do more.

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

My Lords, I refer the House to my relevant interests in the register. Does the Minister support an increase in the number of co-operative housing schemes? If so, what support do he and his department give to local authorities and others to increase the number of schemes year on year?

[Lord Bourne of Aberystwyth]

My Lords, I know the noble Lord is very wedded to this and I am certainly happy to look at it. If he has specific schemes that he wants me to look at, I will very gladly do that with him. We have to be much more open-minded and diverse in forms of supply across the board. Certainly, the Co-operative movement and co-operative housing have a lot to offer in this regard.

Housing: Social Rent

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 4th June 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I think my noble friend is referring to the policy initiative of the leader of the Opposition, and I tend to agree that that will not help solve the problem. We are intent on getting the balance right and ensuring that, in tenancies, there are the right measures to deal with disreputable landlords. However, the compulsory purchase of people’s property is not the way forward.

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

My Lords, I refer the House to my relevant interest as a vice-president of the Local Government Association. How many homes for social rent have been lost since 2015 by the conversion to the affordable rent model?

[Lord Bourne of Aberystwyth]

My Lords, I do not have that specific figure to hand, but I will write to the noble Lord with it. As I have indicated, it is important that we build more homes for social rent, and we are intent on doing that outside London. Within London, there will be provision of affordable homes at the level of social rents; that is part of the programme and we are delivering that with the Greater London Authority.

Council Funding

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 4th June 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord’s Question refers to the Institute for Fiscal Studies report, which I have read. The authors of the report, Neil Amin-Smith and David Phillips, are fair in acknowledging some of the things that we have done with regard to local government spending—for example, they cite a 10% increase in children’s social services. But the noble Lord is right in that there has been a reduction in other areas. The report canvasses the possibility of a local income tax, but I do not think that that is the way forward, and nor does my party. However, I am sure that the noble Lord would want to acknowledge that there is much innovation. He referred to libraries—a subject which I know is close to his heart. In Warrington, for example, hubs provide library services with other services, which is an innovative way of improving the service. That has also happened in Leeds and in other areas. I think that that is the way forward.

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

My Lords, I again refer the House to my relevant registered interest. Can the noble Lord tell the House why he thinks that so many councils are struggling to deliver services, one of the most serious examples being the difficulties faced by Northamptonshire County Council?

[Lord Bourne of Aberystwyth]

My Lords, I readily acknowledge that there are challenges, but it is important to say that many facets indicate that things are improving. We know—the Chancellor has said—that we have ended austerity, and the comprehensive spending review is around the corner. It is also the case, as I am sure the noble Lord will acknowledge, that the last settlement was a good settlement. The noble Lord, Lord Porter, acknowledged as much, and other people in other parties have done the same. Innovation is a way of improving services and so too are some central government grants for such things as the Future High Streets Fund, Stronger Towns funding and so on, which do not go through local government but directly to the towns concerned.

Homelessness

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 21st May 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend is absolutely right: this is a key feature of our housing provision, not just to take pressure off London and the big conurbations but because of the need for housing generally. There is significant development in the Oxford-Cambridge arc, where we are spending a lot of money, and elsewhere as well. If I may, I will update him and ensure that a letter on the current progress of all the towns and villages is placed in the Library.

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

My Lords, I draw the attention of the House to my relevant interest as a vice-president of the Local Government Association. My noble friend Lord McNicol has raised a really important issue. What are the Government doing to tackle child homelessness, as living in insecure accommodation as a child will negatively affect their mental health, emotional well-being and schooling?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord raises a fair point. He is right about the issues around child poverty and child homelessness, which is a particular concern for the Government. That is why, in relation to welfare spending, we are keen that money is directed to those households with children, to make sure that they are able to gain a home. It remains a key priority. If I may, I will write to him on the suite of policies to tackle this across other government departments, because it is an area where we have concerns.

Social Housing: Older People

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 9th May 2019 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, I congratulate the noble Lord on so ably stepping into the breach. The Government have made £9 billion available through the affordable homes programme to March 2022 to deliver new affordable homes of a range of tenures, including social rent and supported housing. Supported housing, including sheltered housing, plays a vital role in the lives of the most vulnerable, including older people. Since 2011, we have delivered 34,000 units of specialist and other supported housing for disabled, vulnerable and older people.

[Lord Kennedy of Southwark]

My Lords, what plans do the Government have to support calls for the lifetime homes standard to be mandatory for at least some, if not all, social housing built in future? That would enable people to stay in their homes longer, help them to remain independent and save money on future aids and adaptions.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right to concentrate on that standard. He will know that Part M of the building regulations is about to be reviewed; we have touched on it previously. We very much hope that will be tightened for its requirements for disabled and older people. That will help to inform the sort of progress that we are all keen to make.

Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 8th May 2019 Lords Chamber

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

My Lords, I thank the noble Lord, Lord Bourne, for explaining to us the purpose of the regulations before us today. I do not intend to detain the House for very long, and I am very happy to support the regulations as far as they go. However, I agree with the noble Lord, Lord Stunell, that there are many other pressing issues that he and I are keen to get on with. There are many issues—in the department of the noble Lord, Lord Bourne, and in others—that we desperately need to get on to. Having said that, I have no particular questions for the noble Lord on the regulations before us. As far as they go, I am content with them.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords who have responded to this debate. The noble Lord, Lord Stunell, took quite a long while to tell us that he thinks we are wasting our time dealing with this; that was uncharacteristically churlish of him, if I may say so. These regulations are important. This affects only about seven people a year in Switzerland, but it is important that we recognise that there is considerable interest in the United Kingdom in making sure we regularise this position. I am not going to enter into the pantomime knockabout of Brexit. On behalf of my department, I am doing what is responsible for an important sector of the UK economy. We do not want a no-deal scenario, as the noble Lord knows. However, if, God forbid, that happened, and we had not protected these Swiss architects, I would feel very guilty.

The noble Lord, Lord Stunell, asked why we are not spending time on fire safety. As a Government, and in my department, we have spent an awful lot of time on that. We are in the process of implementing the Hackitt review—I make no apologies for that—and we answer questions on it and debate it. He mentioned homelessness. On Friday, we announced extra money for homelessness, and I answered a Question on it on Thursday. He mentioned climate change. My noble friend Lord Henley, who is present, answered a Question on that yesterday. We are, quite rightly, always answering questions in these very important areas. In spending a short time on this issue, we are not detracting from the importance of those others. We are doing something rather important.

I thank the noble Lord, Lord Kennedy, for his positive response and responsible position. We need to ensure that architects are able to act, and this will be mutually in our interest too: British architects will be able to operate in the EEA countries and in Switzerland.

We have, I think, not taken too long on this important legislation. I beg to move.

Yorkshire: Devolution

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 7th May 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, as I have indicated to the House, we are looking at the prospects and possibilities for all of Yorkshire. Discussions are going on with officials about the way forward. I am sure the noble Lord will welcome what has happened in Sheffield, as I know many other Members will. That is very welcome and it is within the context of looking at the wider Yorkshire position that we are moving things forward, which is to be welcomed.

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

My Lords, can I confirm that the Minister is saying that at the end of the term for South Yorkshire, if the authorities want to leave that arrangement they can go into another arrangement in Yorkshire and that the Government will not stand in their way?

[Lord Bourne of Aberystwyth]

My Lords, I am very happy to confirm that that is the case. If authorities were to leave the Sheffield City Region—the two authorities that have previously had difficulties with that arrangement, say—the city region would carry on with the remaining two. It would still be a viable entity, but we are running ahead of ourselves. There is a commitment within the agreement whose details we are now looking at. We are making progress on that to ensure that it carries on until at least 2022.

Public Conveniences

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 11th April 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend for a genuinely important Question. I will pick up two points. First, Changing Places helps with the provision of disabled lavatory facilities. That is important nationwide—we have about 11,000 of them. Secondly, I, too, give a shout out for Pret A Manger, which is helping by making its lavatories available. That is part of community schemes that we are promoting up and down the country. These started in Richmond upon Thames in 2004, where, in addition to public lavatories, local businesses make their lavatories available. That is advertised locally and on apps in the area.

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

My Lords, I come from a family of London cab drivers and very much welcome the Question. Does the Minister join me in welcoming the British Toilet Association’s Use Our Loos campaign, where pubs, cafés and other places allow people other than customers to use their toilets? Does he also welcome the trend at some mainline stations, such as London Bridge, Charing Cross and St Pancras, where the toilets are now free? I am waiting for Euston and Waterloo to follow suit.

[Lord Bourne of Aberystwyth]

My Lords, on the cabbies’ business, the noble Lord told me how his brother drove past him in his cab the other day—I could well understand his point of view. The noble Lord mentioned the important Use Our Loos campaign, which the British Toilet Association is supportive of—I was going to say “behind”. Unfortunately, it is advertised on its website as an “open doors” campaign—the inverted commas are useful. Seriously, it is a very worthwhile campaign. I have good news on Waterloo. All the mainline stations in London now have free toilet entrance, which is a good thing. The Department for Transport is encouraging other train operators to do similarly.

Greater Manchester Combined Authority (Functions and Amendment) Order 2019

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 2nd April 2019 Lords Chamber

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

My Lords, I draw the attention of the House to my relevant registered interest as a vice-president of the Local Government Association. Like my noble friend Lord Bradley and the noble Lord, Lord Stunell, I very much welcome this order. It is another part of the transfer of powers to the northern powerhouse, to the mayor of Greater Manchester, Andy Burnham, and to the combined authority. It will be able to deliver bus franchising, smart ticketing and the multimodal ticketing system that my noble friend talked about.

I was involved in the passage of the Bus Services Act through your Lordships’ House and I am very supportive of bus franchising; the mayor will be able to set the fares, the routes and the timetables and the bus companies can then deliver those services. I think that is a very good way forward and I endorse what my noble friend Lord Bradley said: I hope that the Mayor of Greater Manchester will be able to move forward and introduce bus franchising, which is what people want to see locally.

The noble Lord, Lord Stunell, raised a number of questions I was going to raise, so I hope he will get a response. They were about the taxation trap—we clearly have the same briefing—and the issue of the oversight committee, so I look forward to the comments of the noble Lord, Lord Bourne, on those matters and on the question raised by my noble friend Lord Bradley about bus passes for16 to 18 year-olds. I shall leave the matter there because those points have been raised. As I said, I very much support the introduction of the order, like the other noble Lords who have spoken.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords who have participated in the debate on this important SI. It is worth noting that in the other place there was just one contribution from the Official Opposition, which welcomed the SI and commended the Government for acting very quickly in bringing it forward following the request from Greater Manchester. I am very grateful for that support in the other place.

The noble Lord, Lord Stunell, rightly referred to the civic pride and sense of togetherness in Manchester, and the rivalry between some of the boroughs and authorities that now make up the Greater Manchester Combined Authority. All that is absolutely true—I was in Manchester recently and saw the strength of the Manchester area. Of course, we were all very conscious of that at the time of the dreadful terrorist attack on the Manchester Arena—the sense of coming together in the area was very strong. I was there recently to launch the ESOL funding programme. There was a very good bid from Manchester and I was very conscious, again, of the sense of coming together and civic pride.

The noble Lord, Lord Stunell, also asked about financial arrangements, particularly in relation to the mayoral precept. It is the position that the mayor makes proposals which can be overturned by a two-thirds vote, which is a veto of seven of the 10 authorities. The noble Lord went on to ask about measures in relation to oversight in this committee. It is a streamlined committee, a fact welcomed by the noble Lord, Lord Bradley, for which I am very grateful. The order reflects the request for flexibility on the membership of the committee. Greater Manchester asked for the reduction to 23 members, and based on what the noble Lord was saying about responding to the bottom-up approach and sensing what is important in the area, we went along with the request. We judged that it is reasonable and will lead, as the noble Lord, Lord Bradley, said, to more streamlined decision-making. I think it maintains—not in the same proportions, I accept—some of the checks and balances that are needed.

I am grateful to the noble Lord, Lord Bradley, for saying that transferring powers to the Mayor of Manchester is a step in the right direction. Although the mayor is not of my politics I think that people locally recognise that he has been doing a good job and giving some sense of direction to Manchester. That is a good thing and it is true of all our metro mayors. It is something we should welcome widely and, as the noble Lord rightly said, it opens up possibilities in relation to the franchising schemes and so on as well. I confirm that I think it does underpin the costs of the young people’s passes in relation to the financial settlement.

I am grateful to the noble Lord, Lord Kennedy, for the welcome he gave to the order; he reiterated some of the questions I hope I have dealt with. This is an important part of the suite of powers that were promised to Manchester: we have been listening to the people of Manchester and responding to what they have asked for, and this represents another step in that journey. I am very grateful to the support given by noble Lords and I beg to move.

Rough Sleeping

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 1st April 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, once again, my noble friend refers to a different aspect of this. He is right that sensitive policing often helps to tackle these issues. I know that police throughout the country are very aware of that. He is also right that there is a complex range of issues, including addiction, which is very much related to rough sleeping. We are intent on trying to deal with that, as we are with other aspects. For example, a lot of people who sleep rough have come from a secure background, sometimes prison and sometimes the Armed Forces. It is a much more complex issue than just the finances, although that is an important part of it.

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

My Lords, I refer the House to my registered interest as a vice-president of the Local Government Association. In addition to the figures that the noble Lord gave about individual change from year to year, could he set out why he believes homelessness has more than trebled since 2010?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right that the figures have gone up relentlessly over a period of time, until this last year, which I think was in response to the money that has been invested and the concentration the Government are putting on this. As I indicated in my earlier response, it is a much more complex issue than just the money. It is related to addiction, mental health and people in a secure environment. We are looking at this on a broad front. As the noble Lord will appreciate, it is a very complex problem, but I am pleased that the money we are spending on the rough sleeping initiative and have invested in the rapid rehousing pathway has succeeded in bringing the figures down by assigning, for example, individuals to look after particular people who are rough sleeping to see what is the particular issue for them, because every person is an individual and every case is different.

Property Guardians

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 26th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

I thank the noble Baroness for her interest in this. As far as we can tell, there are 5,000 to 7,000 property guardians—the figure is in that area. It is the case that some protections apply. Under the housing health and safety rating system, certain key rights apply, as do rights relating to electrical safety, gas safety and so on. I agree with the noble Baroness that those rights cannot be overridden by non-disclosure agreements. As I said, we are keen to ensure that existing rights are enforced and are planning work to look at the current position and inform possible further action.

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

My Lords, I draw the attention of the House to my relevant registered interest as a vice-president of the Local Government Association. Does the Minister think it acceptable that most property guardians must provide their own fire safety equipment when staying in a place as a guardian? Does he agree with the London Fire Brigade, which has raised safety concerns about these dangerous and inadequate arrangements?

Housing: Future Homes Standard

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 21st March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord does much good work in this area, for which I thank him. He makes a powerful case but it is for those reasons that we had the Hackitt review, are holding a review of building regulations and will act as a consequence. Things are moving in that direction. Those are not the only things happening, of course—for example, the ECO places an obligation on energy companies so that energy bills are lower and less carbon energy is used—but they are central. Again, I speak to the importance of document M on accessible housing. The requirement to take account of the interests of people with disabilities and an ageing population is provided for in the NPPF—the planning framework—and the Neighbourhood Planning Act. It is all moving in that direction.

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

My Lords, I refer the House to my relevant interests in the register. The Chancellor of the Exchequer told us that he fully supports the need for future-proofed new homes but does not think we should wait until 2025 to tackle energy efficiency and carbon reduction. In that case, can the Minister explain why the Government scrapped the zero-carbon homes plan in 2015, and in 2016, during the passage of the dreaded Housing and Planning Act, opposed the introduction of carbon compliance standards for new homes, which would have helped reduce carbon emissions and given people lower fuel bills?

[Lord Bourne of Aberystwyth]

My Lords, first, it is important to note that the energy standard for new homes has improved by more than 30% since 2010, reducing energy bills by £200 per annum per household on average. That is indicative of the progress made. The noble Lord referred to previous policies; to some extent, they depended on offsetting, which did not have a direct impact. This measure will: it will look at things such as heat pumps, solar panels and the replacement of old gas boilers. That will have a direct impact, unlike the old offsetting principle. To that extent, it is very much to be welcomed.

Council Tax

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 14th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, when the national statistics are published, the calculation is almost certainly going to be that the level is 4.8%, but we cannot be absolutely certain about that. Of course, local authorities have the option of going to their electorate and seeking a higher level of council tax. The fact that they do not is indicative of the fact that they know what the result would be.

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

My Lords, I draw the attention of the House to my relevant interest as a vice-president of the LGA. Can the Minister explain to the House the policy idea behind shifting the burden of local government funding further from central government and more on to the council tax payer?

[Lord Bourne of Aberystwyth]

My Lords, as the noble Lord will know, the Government are looking at the fair funding formula at the moment—I am trailing the next Question—but that does not transfer a burden; it ensures that we have equity across the piece. It does not make the cake any larger; it ensures that there is fairness, as the noble Lord will know. The levels of council tax contributing to local authorities vary enormously: 84% in Surrey and Buckinghamshire; 20% in the City of London. We are not seeking to address that. Although it may look innately unfair, closer attention will show that it is not.

Local Authorities: Fair Funding Review

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 14th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Earl raises another very important point in relation to children’s care. He will be aware that we again made special provision in this year’s settlement, but he is right about the continuing importance of this issue. Earlier, he referenced the troubled families programme, which is important in that regard.

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

My Lords, I refer the House to my relevant registered interest. Would the noble Lord dispute the statement that the top 10 most deprived councils in England are set to see cuts higher than the national average, with nine on course for cuts more than three times the national average, and will the fair funding review address that?

[Lord Bourne of Aberystwyth]

My Lords, the 10 most deprived areas in England spend on average 22% more on care per household than the 10 least deprived, and that is an important statistic in contradistinction to those the noble Lord mentioned. However, he is absolutely right that it is important that in settling the fair funding formula we look at the needs of particular areas, as well as their resources, and we will do so later this year.

Fracking: Planning Guidance

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 12th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, in case people are misled into thinking that there are hundreds of such wells at the moment, there are not. Once again, this was a policy introduced under the coalition Government. We believe that the technology is worth looking at, because methane presents a bridge between fossil fuels and renewables, and is the best of the hydrocarbons in terms of pollution. But we are committed to ensuring that it is also safe and environmentally sound and that there is a strong regulatory system.

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

My Lords, I draw the attention of the House to my relevant registered interest as a vice-president of the Local Government Association. How does the Minister respond to the suggestion that the Government have behaved irresponsibly and recklessly in these matters and that the consultation was a complete farce?

[Lord Bourne of Aberystwyth]

My Lords, I am not sure whether that is an accusation made by the noble Lord or somebody else: I do not recognise it as being from a neutral source, I have to say. Consultations are ongoing. There is a consultation on permitted development and on nationally significant infrastructure projects, as well as on compulsory community pre-application. The judgment itself came less than a week ago and, as I said, we are considering our position and will respond.

Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 12th March 2019 Grand Committee

[Lord Stunell (LD)]

I am delighted to participate in what I am sure will be a short debate on this item. My delight is enhanced by the fact that it is the one piece of business we are considering this afternoon that has nothing whatever to do with Brexit. In fact, as a consequence of the evolution of local government in England, the larger part of it is directed from local areas and the changes in it are at their request—certainly with their active co-operation.

I am delighted that the Minister outlined some of the issues relating to mayors, sheriffs and lords-lieutenant and the role of charter trustees. At one time, I used to think of myself as something of an expert of those things; it is good to see that they have filtered through into this statutory instrument. There is always a huge amount of civic pride about and importance given to these ceremonial roles and tasks. I know that it is important to make sure that they are retained properly.

My only point of any consequence relates to the transfer of the housing debt. Clearly, there has been consultation with the relevant local authorities—and, no doubt, with the Treasury and everybody else who might want a finger in this particular pie. Housing debt for local authorities is a complex topic on which feelings can run high over whether one has got a good or a bad deal out of changes being made. I hope that the Minister can confirm that the agreement on the changes tabled today is fully consensual and that any difficulties that may have arisen during the course of these discussions have been satisfactorily resolved.

Without any detailed knowledge, I wonder whether that would be true in the case of the Somerset West district authority, which is a very small authority of limited means. On the same thread, the other side of this coin is no change being required on housing debt relating to the West Suffolk district councils coming together, presumably either because they do not have such debt or because there is some other factor that the Minister may be able to advise us on. If the Minister can satisfy the Committee on the question of housing debt figures, that would give us some extra comfort.

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

My Lords, I also think this will be a relatively short debate. I have a couple of questions for the Minister. As we have heard, these changes are to local government areas in three parts of the country. The Minister made a point about charter trustees and talked about areas retaining their right to appoint a mayor. The councillors in that ward would then have to appoint a mayor. What happens at the next level? They also get a mayor. We are getting more mayors, who become chairs of councils. We are creating a lot of mayors here. I just want to point that out.

The point about housing debt was well made by the noble Lord, Lord Stunell. I look forward to the Minister’s response on that. On chartered markets, it is just a case of carrying forward people’s rights.

Generally speaking, I am not against the order as it stands. The only point I would make is a more general observation that I have made it before on other issues, such as local government income. We have a strange kind of patchwork developing all over England. I am not convinced that is necessarily the right way to go. Local government in Scotland and Wales is certainly much more straightforward. When we have all sorts of tiers of local government throughout England, I am not convinced that in the longer term it will make for good government. However, I am not against the order as it stands.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Stunell and Lord Kennedy, for their helpful contributions. I very much agree about the importance of these statutory instruments on two grounds. As the noble Lord, Lord Stunell, said, it is rather marvellous to debate something that has no Brexit implications at all, which is good news in these very Brexity days in both Houses. It is also refreshing to have something which is all about the traditions of our local government in England, and the capture and retention of those historic traditions.

I was interested to find that Poole is one of only seven towns in the country to have sheriffs. These are quite separate from high sheriffs. One of the other seven is of course Nottingham—we all remember the sheriff of Nottingham—and another is Lichfield; the honourable Member for Lichfield talked about that in the House of Commons. It is great to see those historic roles retained. In the case of Poole, I understand that it retains the keys to a prison where there are no prisoners. I am not sure whether schools or possibly tourists are able to visit it but that is a great thing.

[Lord Kennedy of Southwark]

I have met many sheriffs of Nottingham in my time, as I used to work in the east Midlands. What is interesting is that the sheriff is a member of its council in Nottingham. The position is very famous, so everybody wants to meet the sheriff, but in civic terms it also has a deputy lord mayor and a lord mayor. When people move up others do not want to meet them so much; they want to meet the sheriff, who is a very important figure in the city.

[Lord Bourne of Aberystwyth]

I thank the noble Lord very much for that intervention. I hope people do not hiss when the sheriff walks into the room, because I am sure they are very different from the sheriff of Nottingham we all remember from legend.

That filtering through of civic pride to which the noble Lord, Lord Stunell, referred is extremely important. Let me try to pick up the two questions that were raised. First, on the transfer of housing debt, the order simply ensures that new councils are properly referenced for calculating their debt caps. I should say that all the provisions here are consensual, so all the councils concerned are happy with that provision. Secondly, the noble Lord sought specific information on West Suffolk. It has no housing revenue accounts, so there are no consequences there.

The noble Lord, Lord Kennedy, asked about the number of mayors. I think precisely the same number is retained, so there are no new mayors but no fewer mayors than there used to be. That is extremely valuable, too.

It is good to see cross-party consensus on this issue. It is typical of the way we operate on these issues, so with that I commend the order to the Committee.

Stronger Towns Fund

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 5th March 2019 Lords Chamber

[Lord Kennedy of Southwark]

Before the Minister responds, when I spoke earlier, I should have drawn the House’s attention to my registered interest as a vice-president of the Local Government Association.

[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”.

Specialist Domestic Abuse Services

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 4th March 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend highlights a very real problem and in doing so, indicates just how broad this issue is. As we have heard around the Chamber, there are many different instances and different victims of domestic abuse, indicating the need to really grapple with this issue. We should all welcome the opportunity the Bill gives to look at it in the round. My noble friend is absolutely right about the needs of victims in rural areas.

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

My Lords, domestic abuse is an appalling, disgusting crime committed behind closed doors. I have raised before the issue of some GPs charging up to £175 for a letter confirming that a victim has been assaulted, so that they can get access to other services. Can the Minister update the House on the progress that has been made in banning this outrageous practice?

[Lord Bourne of Aberystwyth]

My Lords, I recall the noble Lord rightly raising this issue. The new contract is being revised and considered, and is part of that discussion. I do not have any progress to report at the moment but as soon as I do, I will be happy to write to the noble Lord, if I may, and share that information with the House.

Parking (Code of Practice) Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

3rd reading (Hansard): House of Lords
Monday 4th March 2019 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, I thank my noble friend Lord Hunt of Wirral for bringing the Bill to this stage with his customary aplomb and expertise. It is not a flashy Bill but a necessary and welcome one, providing for uniformity and consistency in private parking practice. I also thank the honourable Member for East Yorkshire, Sir Greg Knight, for introducing the Bill and progressing it through the other place. I think the whole House—indeed, the whole country—should be grateful for this small but necessary measure.

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

My Lords, I join the Minister in thanking the noble Lord, Lord Hunt, and the honourable Member for East Yorkshire, Sir Greg Knight. I agree entirely with the comments that he has made.

Help to Buy: Housebuilders’ Profits

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 27th February 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I should point out to the noble Lord that the Help to Buy scheme was initiated under the coalition Government. Some of the figures he has quoted were made by his leader, the right honourable Member for Twickenham, Vince Cable, who is in a much better position than I am to know how successful the scheme has been in delivering houses. It has delivered over 190,000, and he was a Cabinet Minister when it started. Ensuring we get value for money is of course important, and we are focused on that. Regarding directors’ salaries, there are provisions in the Companies Act 2006 relating to directors’ duties. Section 173 includes a complex corporate code that governs listed companies. Persimmon, which he has referenced, realised how unacceptable the situation was and the chairman, the chairman of the remuneration committee and the chief executive resigned. That is an indication of the realisation, which I share, that it was inappropriate.

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

My Lords, does the Minister accept that the Government should set a framework for space standards, quality of design and energy efficiency so that, no matter if the home is for sale or rent, it will provide a quality dwelling for many years to come? It is disappointing that many of the homes benefiting from the Government’s scheme fail in these respects.

[Lord Bourne of Aberystwyth]

My Lords, I do accept that standards are important. The noble Lord will be aware that the National Planning Policy Framework tightens up some of these quality and design requirements, and there are also rules relating to safety. These will be at the forefront of the Government’s mind when we have the new Help to Buy scheme. We will look at all of the providers, not just Persimmon, to make sure that they are delivering value for money for the consumer and the taxpayer.

Business Rate Appeals

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 25th February 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend very much indeed; I know he has done much work on this area. The new system was set up in the spring of 2017 and we were always clear that there would be a review this year. Of the backlog, 100,000 were cleared last year and, as of September 2018—the latest date for which we have figures since the new system came in—there have been 50,000 checks and 6,500 challenges. However, I agree that there are challenges to address. My honourable friend the Minister in the other place meets regularly with Melissa Tatton, the chief executive, to discuss them.

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

My Lords, it is good that the noble Lord agreed that there are challenges to meet. The situation described by the noble Lord, Lord Naseby, is, frankly, appalling. Is there nothing that the Government can do in the meantime, or will we have to wait for this review to take place?

[Lord Bourne of Aberystwyth]

My Lords, as I indicated, we are having that review, as we committed to do, and we have regular meetings with the VOA, which operates independently of government, to discuss the many concerns that do exist. However, I think most fair-minded people would say that the system has improved. As I said, we have regular meetings to address those concerns and we will reflect on them when we conduct the review.

Housing: Private Rented Sector

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 19th February 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, it is important to keep this in perspective. That 380,000 represents 6% of the private rented sector. That figure has undeniably gone up, although it has gone down from last year, so I hasten to add that the pattern is not uniform. Many people choose to rent; it is not wise to assume that all these people renting do not want to do so. There are challenges, some of which are met by the Prevention of Eviction Act, as the noble Baroness will know, and others by the Fitness for Habitation Act which we recently passed. So I do not share her analysis.

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

My Lords, does the Minister accept that the number of older people in private rented accommodation is rising and that that trend is likely to continue? If he does, will he tell the House what he is doing to address the resulting policy challenges?

[Lord Bourne of Aberystwyth]

My Lords, as I said, we cannot assume that this is uniform. According to our figures, last year there were some 40,000 fewer such people, although that is not necessarily statistically significant. I do not think we can draw conclusions. The figure has been on an upward trend for the last 10 years but there was more than a blip last year. As I have indicated, the private rented sector in general undoubtedly presents challenges. We know that 25% of it is unfit for habitation, although that is better than a decade ago when the figure was 45%. We are seeking to meet those challenges, which apply across the board, not just to older people.

Yorkshire: Devolution

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 12th February 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend takes a very different approach to the issue. I read the article on balkanisation to which she may have been referring. Many people have addressed this issue, saying that it would be wrong to cut across existing economic entities. For example, the Select Committee chairman, Clive Betts, the honourable Member for Sheffield South East, takes the view that a One Yorkshire deal would be wrong. We need to look at this issue in terms of where economic ties and cohesive agreements already exist and proceed on that basis. I understand the emotional pull of Yorkshire but we must look at the economic issues as well.

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

My Lords, I first declare an interest as a vice-president of the Local Government Association. I am aware of the letter sent to Dan Jarvis, and I thank the Minister for sending me a copy. Can he give the House some more details of the timescales proposed here? It appears perverse that the Government are straightaway ruling out an option that clearly commands a lot of support in Yorkshire and are prepared to discuss only options that seem to have less support.

[Lord Bourne of Aberystwyth]

My Lords, I first thank the noble Lord for his comments, but on simply ruling it out he will be aware that copious documents have gone forward from the Yorkshire leaders. Some 100 pages of complex analytical documents on this have been studied, so it is not the sort of capricious decision he was perhaps suggesting. A lot of thought has gone into this. If he looks at the other metro mayors, he will see that they represent much smaller, more appropriate, cohesive economic regions—around the West Midlands, Manchester and Liverpool—than a county. Also, historically Yorkshire has never been a single devolved entity in its administration. As the noble Lord will know, it was split into ridings, for example, so perhaps the Government’s thinking is much more reflective of the economic units that used to be in place in Yorkshire.

Tower Blocks: Cladding

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 22nd January 2019 Lords Chamber

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

My Lords, I refer the House to my relevant interest as a vice-president of the Local Government Association. I thank the Minister for repeating the Answer given in the other place to this Urgent Question.

I agree with the Minister that there is nothing more important than making sure that people are safe in their own home. The fire at Grenfell Tower happened on 14 June 2017. Today is 22 January 2019. The fact that 19 months later dangerous, even lethal, cladding has not been removed from all buildings is a national scandal. Does the Minister agree that it is time for all the information about individual tower blocks, schools, hospitals and other buildings covered in dangerous cladding to be published so that all residents, staff and users can see what the situation is and question those in authority about what they are doing to make sure that the building they live in or use is safe? It is clear from the latest scandal reported in today’s Daily Mirror that we cannot rely on those who have responsibility for building safety to do the right thing.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for his questions and for his welcome of the Statement. I understand, and I shall repeat what was in the Statement: there is nothing more important than making sure that people are safe in their homes. I think we would all agree with that, and that is precisely what I have said today. The measures that are in place ensure that everyone is safe tonight and every night in the buildings where they are. There are two aspects to this. One is making sure that people are safe, and the other is the remediation to make sure that we have a permanent solution to the cladding issue. I have given the figures on that. Even since I last gave figures in this House in answer to the noble Lord on 7 January, the first day after recess, we have made significant progress. He will see that we are closer to ensuring that we complete that process.

Planning: Permitted Development Rights

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 16th January 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Baroness will be aware that the consultation closed on Monday. We have had more than 400 responses. One thing that people will be able to comment on is design, which I think the noble Baroness referred to tangentially. Obviously, we will want to analyse those responses before going further, but this is about ensuring that there are more homes available and seeking to liven up the high street, which is much needed.

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

My Lords, I draw the attention of the House to my relevant interest as a vice-president of the Local Government Association. What does the Minister see as the risk to quality and space standards of increased permitted development rights, and what would be the benefit to our struggling high street of the loss of more shops, reducing the variety available to customers?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will be aware that this is not about losing shops but about permitting speedier change of use from one medium to another. It is also about looking at the ability to build up to five storeys from ground level, so it is not necessarily about losing shops. There are many vacant shops and there is a question about what we do about that, but, as I say, the consultation has just ended. We are beginning to analyse the more than 400 responses that have come in, so there is a job of work to be done, but we are very conscious of the need for more homes and to liven up the high street. Those two things are not necessarily inconsistent.

Tenant Fees Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

3rd reading (Hansard): House of Lords
Tuesday 15th January 2019 Lords Chamber

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

I look forward to hearing the Minister’s response to my noble friend. I accept that these amendments are minor and technical and I am happy to support them.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords for their contributions concerning these amendments. I will say more at the final stage of the Bill—the passage, I hope—about the points the noble Baroness, Lady Grender, raised, but I thank her very much indeed. As always, I thank the most reverend Primate very much indeed for his positive contributions and engagement, and his most kind comments. He is extremely gracious. As always, the noble Lord, Lord Foulkes, asks a question that goes straight for the middle stump. I will write to him, if I may, on that issue because I do not want to mislead him.

Islamophobia

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 14th January 2019 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I share the ambition to ensure that the incidence of hate crime comes down. There is evidence of better reporting; that is one reason, although not the only reason, why the statistics show an increase. It is worth mentioning that. It is important to confront this wherever we look. The noble Baroness will be aware that we recently renewed the hate crime action plan, which is now going forward to 2020. I very much value the work done by the APPG and by others on this issue. Of course the Government will look at this in the round, as we will the other evidence and the very valuable debate we had just before Christmas.

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

My Lords, will the noble Lord go further and join me in congratulating the All-Party Parliamentary Group on British Muslims on producing this report and its definition of Islamophobia? It makes clear that Islamophobia is rooted in racism—racism that targets Muslimness or perceived Muslimness. Its report and definition have been endorsed by British Muslims for Secular Democracy, the Muslim Women’s Network UK, the Muslim Council of Great Britain and, as the noble Baroness, Lady Hussein-Ece, said, by more than 800 other organisations. Will he commit to working inside government to get a definition adopted without delay?

[Lord Bourne of Aberystwyth]

My Lords, I say to the noble Lord, who I do not think was present at the debate in question, that there are split views on this issue. It is not quite as straightforward as he suggests. Of course we want to work with the APPG and others, and we are certainly committed to any way of confronting and bringing down bigotry and hatred. But I want to make sure that we get this right, and that means not rushing it. I appreciate that the noble Lord will be part of that endeavour and look forward to his support in that.

New Home Building Programme

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 10th January 2019 Lords Chamber

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

My Lords, I have listened carefully to the noble Lord’s replies, but I recall the efforts in this House to improve build quality, energy efficiency, sustainable drainage, electrical safety and other measures. The noble Lord and his party have opposed them all or, in the case of electrical safety, have finally been dragged in the right direction, but even there the measure is still not in place in the private rented sector—a measure that would save lives and reduce the number of serious injuries in the home. Why is that?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is being uncharacteristically unfair. If he looks at the record of what we have been doing on, say, cladding—

Combustible Cladding

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 7th January 2019 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, 116 social sector buildings have started or completed remediation; 44 buildings in the social sector remain, with plans and commitments in place. In the private sector, 203 buildings have plans and commitments in place, including those that have started or completed remediation. With regard to the remaining 69, the Secretary of State wrote to local authorities in December 2018 to offer them further financial assistance.

[Lord Kennedy of Southwark]

My Lords, does the Minister agree that it is regrettable that we are in this position, with blocks covered in unsafe cladding more than 18 months after the Grenfell Tower fire? Why is the department so slow to act on these matters?

[Lord Bourne of Aberystwyth]

My Lords, of course it is regrettable that we are in this position; the fire at Grenfell was also totally regrettable. As the figures indicate, we have plans in place for all buildings, other than those 69 for which the Secretary of State wrote to local authorities urging action and offering financial assistance to ensure it. The most important thing is making these buildings safe, which we are well on the way to doing.

Housing: Serviced Plots

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 12th December 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend very much for that support. It is true that this is an important and growing sector. We were perhaps a little late coming to this: the Self-build and Custom Housebuilding Act 2015 gave an injection to this area, but there are more than 30,000 people on the register to which I referred and there is growing interest in this area.

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

My Lords, I declare an interest as a vice-president of the Local Government Association. Can the noble Lord tell the House what work the Government are doing to ensure greater access to mortgage finance for those individuals who want to build their own home? Can he also tell the House what role he sees for the co-operative sector in developing self and custom build housing?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord has put his finger on a difficulty, which is access to the mortgage market. We are well aware of the difficulty and we are working with building societies and with a couple of banks—Virgin Money does good work in this area and the Co-operative is also interested. We are certainly very open to encouraging access to finance via the co-operative movement and the Co-operative Bank. The noble Lord is right that it is an important area and one where we need to focus our attention.

Tenant Fees Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Report stage (Hansard): House of Lords
Tuesday 11th December 2018 Lords Chamber

[Lord Shipley (LD)]

My Lords, since we have begun Report I should declare my vice-presidency of the Local Government Association. I simply say that these are helpful and relevant amendments that have our support.

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

My Lords, as this is the first time that I have spoken on Report, I draw the House’s attention to my relevant interest as a vice-president of the Local Government Association, as the noble Lord, Lord Shipley, did. I thank the noble Lord, Lord Bourne of Aberystwyth, and his officials for a number of the amendments we will discuss, in this group and others. Generally they are very helpful and improve the Bill. That is good news for tenants, and I am genuinely very grateful for that. That is not to say that I agree with everything in the Bill, but I am pleased to say we are making progress. I am very happy to support these amendments and I concur with the noble Lord’s comments.

[Lord Bourne of Aberystwyth]

My Lords, I am very grateful for the noble Lords’ support. I beg to move.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I shall speak also to Amendments 51 and 53 to 57 in my name, and to Amendment 54, which is in my name and that of the noble Baroness, Lady Grender. These relate to payments made in the event of a default under Schedule 1 to the Bill.

As noble Lords will be aware, the Bill permits landlords and agents to charge default fees where a tenant fails to perform an obligation or discharge a liability arising under or in connection with the tenancy. This provision has been subject to much debate and discussion, and I have welcomed noble Lords’ valuable contributions on it—in particular, those from the noble Baroness, Lady Grender, and the noble Lord, Lord Kennedy.

I maintain that we should not seek to remove default fees provision from the Bill entirely and that landlords and agents should be able to recover certain costs sustained during the tenancy where the tenant is at fault. However, I have listened carefully to the representations that have been made and I appreciate the concern that landlords and agents might seek to use the default fees provision as a backdoor to charging tenant fees. This is certainly not something that we want to see happen and, although the Government have already taken considerable steps to minimise abuse, I agree that more can be done.

I believe that there are two main instances where tenants may be required to pay a default fee: if they lose their key or other security device giving access to the housing or if they fail to pay their rent on time. With that in mind, our amendments specify that these are the only circumstances under which a landlord or agent can charge a default fee. Amendment 54 will ensure that landlords and agents cannot write arbitrary default fees into tenancy agreements and makes very clear to tenants, landlords and agents where a default fee can be charged.

Landlords or agents will be able to require a default fee for the late payment of rent where the payment has been outstanding for 14 days or more. Amendment 56 sets out that landlords or agents will be able to charge interest at no more than an annual parentage rate of 3% above the Bank of England’s base rate for each day that the payment is outstanding. Any amount above this will not be permitted; it will be a prohibited payment.

With respect to the charging of a default fee to cover the costs associated with replacing a lost key or other security device, any such charge must not exceed the landlord’s or agent’s reasonable costs incurred and must be evidenced in writing to the person who is liable for the payment. The amount of any payment which exceeds the reasonable costs to the landlord or agent in respect of the default will be a prohibited payment. I believe that the risk of such a list being incomplete is mitigated by the provision in Clause 3 to bring forward amendments to the list of permitted payments through affirmative regulations, should this prove necessary.

I take this opportunity to speak to Amendment 52, tabled by the noble Lord, Lord Kennedy. This amendment seeks to provide that if one tenant loses their key or pays their rent late then other tenants in a joint tenancy cannot be held accountable. I am afraid that I cannot agree to such an amendment. Joint tenants are jointly and severally liable for the rent and for maintaining the property. That is the essence of a joint tenancy. If one joint tenant does not pay the rent, the landlord can seek repayment from all the other tenants. This is what tenants agree when they sign a joint tenancy and Amendment 52 would introduce a significant change as to how joint tenancies work in that regard. It would risk unfairly penalising landlords and unsettling the law in an established area.

With regard to a lost key, tenants will, again, be jointly responsible for the keys in the same way as they are all responsible for any damage to the property. Of course, tenants can make their own arrangements, and I am sure that the person who loses the key will generally be the one who makes any associated payment, but the tenants are all responsible to the landlord for the keys. It would be a significant change to alter this position and one that could be quite hard to enforce if there were disagreements between the tenants about who lost the key.

Finally, it has never been the intention that the Bill should affect a landlord’s or agent’s right to recover damages for breach of contract. Amendment 57 clarifies this position and ensures that such payments will not be outlawed under the ban. I am aware that there has been some concern about this provision and would like to provide reassurances now, as well as explaining why I cannot accept Amendment 58. Given that we are now listing default fees in the Bill, it is important that we include the provision permitting charging for damages. Otherwise it could be interpreted that we are prohibiting contractual damages. This would not be fair and would be a significant and substantial change to existing law.

Amendment 58 has no substantive effect. I believe that the intent of the noble Lord is to ensure that any damages payments are reasonable and evidenced in writing. It is not necessary to provide an amendment to this effect. In general, damages are meant to put the innocent party back in the position they would have been in had the contract not been breached—nothing further. No reasonableness test is therefore needed, nor appropriate. Similarly, to enforce a damages claim landlords or agents are required to go to court or to seek to recover them from the tenancy deposit. In both cases, they need to provide evidence to substantiate any claim. There is already a large amount of case law dealing with what is appropriate in a contractual damages case. I assure noble Lords that the inclusion of the damages provision is not a back door to default charges, as was suggested by the recent Citizens Advice briefing. Its analysis of this situation is inaccurate.

Regardless of whether an amount is specified, Clauses 1(6)(b) and 2(5)(b) prohibit an agent or landlord attempting to insert a clause requiring a payment—for example, saying that if you do X, you must make a payment—except in so far as this is permitted by paragraph 4 of Schedule 1, as amended. Both the examples of types of damages given in the Citizens Advice briefing do this and would therefore be banned under the Tenant Fees Bill. I appreciate the concerns raised by the noble Lord and seek to reassure him about this. I believe we had sought to agree that I could give reassurance on this at Third Reading, but I understand that we have not been able to come to any agreement about not voting. Perhaps the noble Lord will be able to give that reassurance shortly, or am I getting inaccurate information?

[Lord Kennedy of Southwark]

Absolutely inaccurate.

[Lord Bourne of Aberystwyth]

Right. Perhaps the noble Lord will be able to cover that.

As I have said, long-standing case law supports the courts not enforcing clauses that have no relation to the loss actually sustained, which in most cases would constitute an unfair contract term under applicable consumer law. The amendment proposed by Citizens Advice in its briefing would have no substantive effect. It is already the case in the Bill as drafted that the relevant person may recover the amount, or part, of damages where a claim for damages has been determined by the court or settled by agreement between the parties.

I believe the amendments in my name will help protect tenants from spurious charges by making it very clear when a default fee can be charged. I also remind noble Lords that we have made a number of significant amendments to respond to all the key concerns raised to date. I believe the amendments proposed in my name provide a fair compromise. I hope noble Lords agree with this, and I know it is in our interests to proceed with this vital legislation. I beg to move.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, it might be helpful to the House if I deal with the rental issue first. If anyone wants to speak on that, I suggest they do so now. I apologise that we glossed over it earlier.

If there are no other points on the rental, I shall deal with the issues raised by my noble friends Lady Gardner of Parkes and Lord Flight, the noble Lord, Lord Shipley, and the noble Earl, Lord Lytton.

On the point that we have moved significantly from six weeks to five weeks, yes, it is a movement, but it is scarcely, as the noble Lord suggests, a fundamental shift. It is not as if we are moving from 10 weeks to one week. Perhaps I may provide some reassurance. All the evidence is that most people currently take deposits of between four or five weeks. It is not therefore massively inconsistent with current practice.

At the top end of the market we are retaining the six-week limit for the most expensive properties where the fittings and fixtures may be more costly. It will remain at six weeks where the annual rental is more than £50,000. I hope that provides some reassurance to those noble Lords who have raised the concern.

These are not issues of principle so much as matters of judgment. It is the judgment of Solomon and there will always be some people who disagree with where we are. However, as I say, we have looked at current practice, listened to what outside organisations have said and on that basis we have fixed it at five weeks for most people, but at the top end of the market we have retained the six weeks.

[Lord Kennedy of Southwark]

My Lords, we have jumped around these groups of amendments today. There appears to be an issue with the printing of the Whip’s sheet.

I wish to address my remarks largely to Amendments 50 to 58. Generally, I am happy with what I have heard from the Government today on most amendments, particularly those in this group. The exception is Amendment 57, to which I will address most of my remarks.

Members of this House discuss amendments to Bills all the time, but most are never voted on: they are probing and have been tabled to get answers from the Government. We go backwards and forwards as we seek to improve the legislation. My Amendment 58 is very much in that vein. The Government have put down Amendment 57, which I fully accept deals with damages and makes it clear that if there are any issues, the terms can be clarified in the future. Somehow, damages are being turned into prohibited payments, and I do not want to do that either, so I am with the Government on this issue.

However, on looking at Amendment 57, we were concerned about the heading, “Payment of damages”. We went to the Public Bill Office and talked to colleagues. We are concerned that, as written, it could be deduced—obviously, it is open to argument—that the reasonableness and fairness of such a payment cannot be questioned. It is not so much about going to court, but what happens when people are drawing up agreements and so on. We should remember that we are dealing with tenants and landlords, and the relationship between the two is not always one of equals.

For that reason, I have proposed, as an amendment to Amendment 57, my Amendment 58, which would simply remove the three words of the heading: “Payment of damages”. The provision would be retained but the heading would go. Removing the heading would, in effect, add the provision to the previous group, where a protection is provided: actions have to be reasonable, and reference is made to “evidence”. That is all my amendment is intended to do. I do not know if this is the right way to do it, but it has certainly enabled us to have this discussion today.

I tried to get an assurance from the Government that they would come back at Third Reading and discuss this issue further. It may be that people cleverer than me can come back with a better amendment. All I am trying to do is ensure that tenants are treated fairly and properly. I was happy to come back to this issue at Third Reading, and gave an assurance that we would not vote on it. I have the text message to prove it on my phone; I do not know what else I can say. To then be told that I did not give such an assurance—that is just not the case. I am really upset about this.

All I want to do is get this right. I do not want the Bill to become law and in a year’s time, we find the Government saying, “Oh, we made a mistake. We will change it when parliamentary time allows. We should have this on the rogue landlords’ database. We did not listen to you last time, Lord Kennedy, but of course you are right. When parliamentary time allows, of course we will put it right”. My intention is to get this right today. I have given that commitment and I have the text message, so I cannot see what the problem is in coming back at Third Reading in a few weeks’ time and getting it right. We are not going to vote on it, but I think the position should be clarified.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, it may be convenient for me to say that I regret any misunderstanding. I too thought that we had an agreement on this matter. Perhaps I may say two things. First, I propose to accept the amendment in the name of the noble Lord, Lord Kennedy. Secondly, I will be very happy to engage in discussions on this issue ahead of Third Reading. As the noble Baroness, Lady Grender, suggested, I am convinced that there is no reason for the noble Lord to be concerned—but I know that he is and so I will be happy to engage in discussion ahead of Third Reading. I hope that that is helpful.

[Lord Kennedy of Southwark]

I am absolutely delighted. I thank noble Lords for that. There was obviously some confusion, but I am sure that we can get this sorted out by Third Reading. I thank the Minister very much.

Homes (Fitness for Human Habitation) Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

2nd reading (Hansard): House of Lords
Friday 23rd November 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, I thank all noble Lords who have taken part in the debate. I am not at all surprised that the noble Lord opposite will not table any amendments because I know how responsible he is. I am grateful to him, as I am sure other noble Lords are. This Second Reading has been a debate of great content. Some very interesting and important points have been made, to which I will do my best to respond. In so far as I cannot do so from the Dispatch Box, I undertake to write to noble Lords and place a copy in the Library.

In particular, I thank the noble Lord, Lord Best. I agree very much with the points made by the noble Lord, Lord Carlile, about the quality of the sponsorship of the Bills we have seen in the House today. We could not have a better pilot than the noble Lord, Lord Best; I thank him for his hard work on such a great cause. As other noble Lords have done, I also thank the honourable Member for Westminster North for introducing her Bill. I acknowledge her hard work in the other place; she has shown considerable determination in taking it through successfully. I am delighted that the Bill has received such widespread support across this House and in the other place.

The noble Lord, Lord Best, has given us an effective overview of the Bill and why it is needed, and I echo that. It is an important Bill and we heard from many noble Lords in this debate about the fact that 20% of the housing in this country is in need of urgent attention. That underlines the importance of having this Bill. We heard that from the noble Lord, Lord Best, and my noble friend Lord Horam. The noble Baroness, Lady Grender, also echoed that point.

This fairly short Bill builds on work we have been doing to improve housing conditions and tackle rogue landlords. I must say that, although I am as guilty of using it as anyone else, I wish we could get away from the phrase “rogue landlords” because it tends to make them sound a little too cuddly for my liking. “Bastard landlords” or something stronger would probably be more appropriate because they are far from being cuddly. I shall try to deal with the situations raised by noble Lords, particularly by the noble Baroness, Lady Grender, and the noble Lords, Lord Tope and Lord Shipley. All three asked about electrical checks, as did the noble Lord, Lord Kennedy.

Since 2015, we have moved on the requirement to install a smoke detector on every floor in properties and carbon monoxide detectors where the heating system uses solid fuels. We have taken tough action in the private rented sector on civil penalties for recalcitrant landlords who need action to be taken against them, which can go up to £30,000. It is worth noting that those civil penalties can be retained by local authorities, which helps them with housing enforcement. We have seen Salford City Council use those powers recently against one landlord, issuing three civil penalties for the flouting of three separate legal responsibilities and fines coming up to £55,000. As I say, local authorities keep the proceeds of those civil penalties.

Local authorities have the power to issue banning orders for landlords and add to them to the database. As noble Lords will know, we propose that the database should now become public, but I am afraid to say that that will happen when parliamentary time allows. I know that is a standard phrase which is trotted out. This issue does need legislative action, but we are dependent on the business managers finding time for that. As far as the department is concerned, this is certainly a high priority.

Private tenants can now apply to get up to 12 months’ rent back if the landlord has not dealt with health and safety hazards and the local authority has taken enforcement action through rent repayment orders under the Housing and Planning Act 2016. We have extended property licensing so that more homes in multiple occupation now need a licence and we are going out to consultation, or perhaps review, on the issue of selective licensing. We will report on that in the spring. We have also announced that we will carry out a comprehensive review of the housing health and safety rating system. The noble Lord, Lord Best, rightly stated that if that is extended, it will automatically come within the compass of this legislation. We also plan to require all landlords to belong to a mandatory redress scheme, which I think is known and understood, and we are proceeding, as noble Lords have made clear, with the Tenant Fees Bill, which will reach its Report stage in your Lordships’ House the week after next. Subject to this Bill receiving Royal Assent, we will produce guidance for tenants, as has been suggested. I have covered that in a letter which has been sent round. In response to the question put to me by the noble Lord, Lord Tope, I intend that to include points on electrical safety. That was a point well made.

I will try to pick up the points made during the course of the debate, but if I do not address them all I will seek to cover them in a letter to noble Lords. On security of tenure, as is, I think, widely known, the department is considering the position on three-year tenancies and will respond to this issue in the new year, so an announcement will be forthcoming early in the new year on this point.

I was asked some specific questions relating to electrical safety standards. We put a question on the private and social rented sectors having the same requirements in the social housing Green Paper. I think the intention is that they should be dealt with in the same way. I cannot see any reason why they should not be. If I am wrong on that and there is a reason I will cover that in the letter, but it is not apparent to me. We will issue a letter announcing our intentions on this area before Christmas, so I hope noble Lords will bear with us on that.

I thank the right reverend Prelate for the points he made, together with perhaps an anticipatory mea culpa in case there was an issue for the Church, but I am sure it is following good practice in this area. He made a point about legal aid, as did other noble Lords. I am always grateful when noble Lords exaggerate my powers, but as I am sure can be anticipated, this is not an area where I can opine from the Dispatch Box. I will endeavour to cover the point and, as was rightly said, there is a review in this area. I hope noble Lords will understand when I say that I will cover that in the letter, but I cannot give a definitive statement of where we are on that issue.

I move on to points raised by the noble Lord, Lord Carlile. I agree with him on the importance of design. The design of buildings generally, not just for residences, has been a particular interest of mine. I also agree that modernist future design is important. In the National Planning Policy Framework we have, I think for the first time, a requirement to consider good design. It does not specifically mention modern design, but it certainly does not exclude it. Modern methods of construction and self-build will lend themselves particularly to more modern design. I know that the Secretary of State is committed to good design, but that does not exclude modern design. I will make sure that the points made in the debate are brought forward to my right honourable friend the Secretary of State. I agree with the point made by the noble Lords, Lord Carlile and Lord Tope, that sometimes in an area where you might expect good housing—university towns would certainly be part of that—something that looks like good housing from the outside looks very different once behind the door. That is something we need to bear in mind.

We talked generally and correctly about the impact that poor quality and non-decent housing has on individuals but, as was said in the debate, it also has economic effects in terms of pressures on the health service, and I am sure it has an effect on kids’ education if they are off school and so on. It certainly has dreadful social effects as well. The points are well made, hence the importance of doing what we are doing.

I thank my noble friend Lady Gardner of Parkes for bringing forward points about the ombudsman and a housing court, which she touched on, which are still very much on the agenda. As my noble friend mentioned, the noble Lord, Lord Best, is central to the issue of the ombudsman. We are looking at that ombudsman service and the housing court issue and will be responding on that, I think, in the new year as well. I will cover that in the letter.

On holiday lets, which my noble friend mentioned, there is a special power for London in that there is a restriction of 90 days for the Airbnb-type let in London, as in other capital cities and tourist destinations around the world, such as Venice. There is a 90 days’ accommodation limit. My noble friend will know that the UK Short Term Accommodation Association is doing effective work to try to make sure that that is enforced in London. There is a separate issue with landlords enforcing the provision in their leases. I know from speaking with my noble friend yesterday that that can be a particular problem and is a particular problem for her. I have great sympathy with that issue. I will write to her on that point to see if there is anything specific we can do, but I thank her for bringing those points up.

I thank the noble Lord, Lord Shipley, for his contribution and support. He mentioned again the electrical issues and their importance in the context of Grenfell. We do not know with certainty about the cause of the fire—at least in a legal sense—because we have not had the criminal proceedings or the result of the inquiry, but he is right about the importance of this in general terms, so I appreciate the points he is making.

I will write on the retaliatory eviction point. Certainly, there is protection where there has been an inspection of the premises by the local authority and it has confirmed that there is a legitimate complaint on the part of the tenant, but I will write more widely to cover how that is dealt with elsewhere.

I thank the noble Lord, Lord Kennedy, once again for his support. I am very happy to discuss with him the point on compensation for loss. I can see why he thinks that is inconsistent, but I do not think it is. Our point here on compensation in relation to tenant fees is that it is legitimate for there to be a fine, where appropriate, of the landlord and for a return of the money, and compensation if there has been a loss, for example, if somebody has suffered illness and they can demonstrate that, which is what we are talking about here. Compensation for a loss is a bit different—I think the noble Lord is talking about exemplary damages. The noble Lord, Lord Carlile, will know the precise legal word.

[Lord Kennedy of Southwark]

We will come back to this on the Tenant Fees Bill. I thought compensation was for when you suffer some loss or injury and if you had money taken off you inappropriately for a prohibited payment. Why cannot there be compensation for that? We will come back to this on the Tenant Fees Bill, but I think it is for any sort of loss, potentially. The noble Lord, Lord Carlile, may want to intervene.

[Lord Carlile of Berriew]

If it helps the Minister, I did not immediately realise he was talking about exemplary damages because they are given in very restricted circumstances. It is pretty unlikely that they ever will be given in an ordinary landlord and tenant case.

[Lord Bourne of Aberystwyth]

I totally agree. We will perhaps come back to this but we are not debating it in this Bill.

[Lord Kennedy of Southwark]

I am certainly not talking about exemplary damages, but what if a landlord has been prosecuted and has to pay some compensation? Those are not exemplary damages.

Women’s Refuges: Funding

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 21st November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

The noble Baroness is right about the particular needs of that community, which she has just outlined. It was a group specifically identified in the bids that we have just been honouring in the 63 projects. I will write to her on the specifics of that, but the BME and the Muslim communities were identified as being in particular need in those bids.

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

My Lords, I refer to my relevant interest as a vice-president of the LGA. Since 2010, specialist refuges have been cut by one-fifth. As the noble Baroness, Lady Burt, said, 60% of referrals to refuges by Women’s Aid are refused due to lack of bed space. That means that 90 women and their dependent children are turned away every day. Is the Minister saying that the money he referred to in his earlier answer will replace those cuts? If not, why are the Government not doing more?

[Lord Bourne of Aberystwyth]

My Lords, I said that there is work still to be done—I think I used those very words. Part of that is, of course, the funding review that is going on at the moment. I also said that an additional 2,200 bed spaces have been created and there have been some specific projects. The noble Lord mentioned women turned away. There is a No Woman Turned Away project which ensures that people have caseworker support. There is still more to be done—I would not argue with that point—but progress has been made on these projects, and progress will be made with the funding review.

Tenant Fees Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 1st sitting (Hansard): House of Lords
Tuesday 20th November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords for their contributions and the noble Lord, Lord Kennedy, for moving his amendment.

This set of amendments deals with the treatment of holding deposits under Schedule 2 to the Bill. As I have set out on previous occasions, the purpose of a holding deposit is to enable both the landlord and the tenant to demonstrate their commitment to entering into a tenancy agreement while reference checks are undertaken. It is important that there is earnest from both parties to the agreement. As I have said on a previous occasion, it must be wrong for a landlord to have more than one agreement with a tenant; there can be only one on both sides. So that we have a case of what is sauce for the goose is sauce for the gander, we have to be careful in looking at the amendments.

Amendments 33 to 35, in the name of the noble Lord, Lord Kennedy, seek to make changes to the circumstances in which landlords and agents can retain a holding deposit. From the outset of this policy, landlords and letting agents have expressed concern that tenants speculating on multiple properties might be a side-effect of the ban. That is why we are allowing a landlord to ask for a holding deposit so that tenants can demonstrate that they are sincere in their application—as I am sure they are, in the vast majority of cases. It is a pledge from the tenant to a given property. This mitigates the risk of landlords and agents being out of pocket if a tenant registers an interest, only to withdraw if something better comes along. I therefore cannot agree to Amendment 35.

We also want to ensure that landlords do not take an overly cautious approach and preselect tenants that they perceive as the most likely to pass a reference check. Permitting landlords to retain holding deposits in circumstances where a tenant fails a right-to-rent check—which I referred to in discussion on the previous amendment, moved by my noble friend Lady Gardner of Parkes—is a key mitigation against such behaviour. I therefore cannot accept Amendment 33.

Amendment 34 suggests that a landlord or agent should refund the holding deposit only if the tenant “knowingly” provides false or misleading information. Again, I am afraid I cannot accept such an amendment, although I appreciate the spirit in which it was moved. Requiring the landlord to refund the holding deposit in these situations would be near-impossible because the landlord is unlikely to have the necessary evidence to prove whether a tenant has done something knowingly. It would simply be one party’s word against the other. Given that the landlord is liable for a significant financial fine, we believe that the inclusion of a “knowingly” test is more likely to lead to them taking a risk-averse approach, which would not help tenants. I firmly believe that the approach set out in the Bill with respect to holding deposits is the fairest to both landlords and tenants.

As I have said, I recognise the desire expressed by noble Lords for greater transparency regarding the treatment of holding deposits; I have previously indicated that I will look at that. I understand the rationale behind Amendments 36 and 37. Without a commitment on where we will end up, I am happy to look at this issue ahead of Report. I appreciate the valuable points made during the debate on these amendments and the importance for tenants of understanding how their holding deposit is handled and why it may not be returned. That seems entirely fair. I have listened to noble Lords’ concerns on these issues and will be happy to return to them on Report. I listened to the point made by the noble Lord, Lord Kennedy, and the points made by the noble Baroness, Lady Thornhill, on Amendment 37 in relation to sight of the agreement ahead of entering into it. Again, that seems to have some strength in it and I am happy to look at it.

I should say that we are making great progress; I believe that noble Lords who have looked at the guidance notes will acknowledge that. The notes, which will set out the procedures for, and the rights and obligations of, landlords and agents will provide great assistance in this area. That will support tenants in understanding how to seek appropriate redress if they are dissatisfied, including through provision of draft letters to help tenants raise concerns with their landlords and agents around the treatment of their holding deposit. As I have indicated, I am very happy that noble Lords from around the Committee should engage in this process with officials to help us to clarify points made in the guidance notes to improve them in the interests of landlords and tenants. I acknowledge that we have made some important strides in the process of making sure it is much more lucid and transparent, and less riddled with jargon.

Landlords and agents should give tenants sufficient time to understand the terms of any agreement before signing. I am clear on that. That is why the period before the deadline for agreement is there; it is intended to allow that. I will also ensure that a link to the consumer guidance on the Bill is included in the How to Rent guide. That will also help. Landlords are of course required by law to give their tenants these guides to help raise awareness. I hope those assurances enable the noble Lord and the noble Baroness not to press their amendments.

[Lord Kennedy of Southwark]

My Lords, I thank the noble Lord, Lord Bourne, for that thoughtful and helpful response to this short debate. I will happily withdraw my amendment shortly. Of my four amendments the most important was Amendment 36, which the noble Lord responded to in detail. I was pleased that he did so, because it is only right and fair that if your deposit is withheld you should understand why and how you can challenge that. I will certainly look at that and I hope to bring something back on Report. I thank him very much for that.

I also listened very carefully to the noble Baroness, Lady Thornhill. I thought she made a very strong case for her amendment. Again, I am very pleased that the noble Lord will look at that. I hope we will have something on Report that we can all agree on. At this stage, I am very happy to withdraw my amendment.

Rogue Landlords

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 13th November 2018 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare my relevant interest as a vice-president of the Local Government Association.

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

My Lords, the fund will target approaches that local authorities have told us would make a real difference to local enforcement, tackling rogue landlords who make tenants’ lives a misery. Projects can be of any size and could include better ways of gathering intelligence on housing stock, improved data sharing within and across local authority boundaries, and new software to make housing inspections easier. The Government are looking for approaches that could be shared across local authorities.

[Lord Kennedy of Southwark]

My Lords, there have been some disturbing reports in the media of individuals convicted of various serious offences still operating in the private rented sector. While the additional money announced is very welcome, does the Minister accept that the most pressing thing to do in respect of rogue landlords is to enter some names on the database, to allow public access to it and to find parliamentary time to make that happen? “When parliamentary time allows” is not an adequate response to this question.

[Lord Bourne of Aberystwyth]

My Lords, I have some sympathy with what the noble Lord suggests. He will know in particular that we are committed to opening the register to the public as soon as parliamentary time is available. On the broader issue of entries in the register, there are two things to bear in mind. First, there has been some inaccurate reporting in some newspapers of matters that are not banning offences and could not be entered in the register. Other matters that could be put on the register relate only to offences that have been committed since 6 April this year. Not only do such matters have to go through the courts but there must then be an application for the landlord to be put on the register, and time is allowed for the person who would be put on the register to appeal against that. So it is relatively early days, but I agree with the noble Lord that, in the fullness of time, we would expect—indeed, hope, in the light of circumstances—that names will go into the register.

First World War Commemoration: Pakistan

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 12th November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, now is the time for the country to come together to commemorate the end of the Great War 100 years ago. That is important. As I indicated, people of different religions from what was then undivided India played a significant role; that contribution is readily acknowledged. That is the measure of what we need to do in the light of the country coming together yesterday. Going forward, we must learn lessons from that on the importance of this being reflected in our national education.

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

My Lords, it is important that we never forget the horror of war and why those who came before us took up arms in both the First and Second World Wars. It is also important to ensure that history is told accurately. The contribution of Muslims in what was then India and is now Pakistan should have greater prominence. At a time when there are those who want to divide us, trade in fake news and seek to spread misrepresentation of faiths and communities, does the Minister agree that we should work to ensure that the heroic efforts of citizens of different faiths and no faith from the Commonwealth and elsewhere, who stood shoulder to shoulder with the people of this country, should be properly reflected in the reporting of these events? I am sure that the Minister will agree. In particular, could he go back to the Department for Digital, Culture, Media and Sport on the question of arts funding—perhaps we should look there for better funding in future so that our broadcasters can properly reflect what happened in the two World Wars?

[Lord Bourne of Aberystwyth]

My Lords, I readily agree with the basic sentiment put forward by the noble Lord. We have had many programmes throughout the First World War commemorations, such as the VC paving slabs and Remember Together, which have been very important in bringing the country together. I hope that they will continue and I hope that the VC paving slabs for the First World War commemorations continue for those for the Second World War. It is important that the country comes together and that we learn lessons. That has happened in the past week, as people up and down the country would readily acknowledge.

Housing: Shared Ownership

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 6th November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend and pay tribute to his work on home ownership in Islington and in the other place. On the specific issue of affordable homes and social homes, the Green Paper that was out for consultation until today is taking views on how we can facilitate shared ownership. An example is staircasing, which allows people to increase their stakes by a single percent, rather than by 10%, as it is at the moment. As I have outlined, we have been taking proposals on private housing since the Autumn Budget.

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

My Lords, I draw the attention of the House to my relevant registered interests. How does the Minister respond to the suggestion that shared ownership is the poor relation of Help to Buy on the Government’s priority list?

Devolution: Sheffield City Region

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 5th November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I pay tribute to the noble Lord’s service to Sheffield City Council—indeed, as leader at one stage. Regarding the deal, the best legal advice given both to the mayor and to us is that consultation is necessary, so that is the next statutory step and it is what we are pressing for. My right honourable friend the Secretary of State has indicated to the Select Committee that he will be making a Statement on devolution in general during the autumn. I do not think that he has any specific plans to meet the four city leaders as the way forward is quite clear regarding the statutory requirements.

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

My Lords, I draw the House’s attention to my relevant interest as a vice-president of the Local Government Association. As the noble Lord, Lord Scriven, said, we are at an impasse. When is the Minister going to do something about it?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for the very brief question. As I have indicated, and in fairness to the city mayor, he is trying to ensure that the consultation takes place, because that is the necessary next statutory step according to the legal advice that he and we have received. The legislation has gone through both Houses. The way forward is for that to happen. More widely, it is worth remembering that a third of England is now covered by devolution deals, including London. As I have indicated, the Secretary of State will be making a statement shortly, during the autumn.

Tenant Fees Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 5th November 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, I thank noble Lords very much for participating in the debate on this part of the Bill. I should like to speak to the range of amendments that deal with the treatment of holding deposits.

As noble Lords are no doubt aware, this is the first time that we are seeking to cap the level of holding deposits—it has not been done before. I am pleased that we all agree that it is important to permit landlords and agents to charge a holding deposit. That seems to be universally accepted and I thank noble Lords for that. However, it seems that we still have some areas of disagreement and I will discuss each of them in turn.

First, Amendments 18 to 20 seek to lower the level of the cap on holding deposits from one week’s rent to three days’ rent. I am afraid I cannot accept these amendments. A cap of three days’ rent could unfairly penalise the landlord because the costs incurred in referencing a potential tenant include not only the cost of the reference check. Payment of a holding deposit means that a property should be taken off the market, and therefore costs might include lost rent for the landlord if the tenancy does not proceed. That lost rent will be higher in Fulham than it will in Newcastle.

Where a tenancy proceeds before the deadline for the agreement, the tenant will receive their holding deposit back in full. However, if the tenancy does not go ahead owing to the tenant’s default, it is not fair that the landlord or agent is penalised. We are seeking fairness here—no more, no less. We believe that tying the maximum holding deposit that can be retained to a week of rent is fair compensation for the landlord’s likely actual loss. However, our consumer guidance will encourage landlords and agents to retain only the costs they have incurred. In relation to the guidance, I will also look at the point about a draft agreement being seen before the agreement is entered into. That is reasonable. In general, I am very happy for noble Lords to engage in the guidance. We can organise a briefing on it and take on board any points that they wish to make.

However, it is important to state that the cap of one week’s rent represents an innovation and an improvement on the status quo. Currently, there is no prescribed limit. The Government’s 2017 consultation on banning letting fees asked tenants for a breakdown of the fees charged at their most recent letting. Similarly, it asked agents for a breakdown of the fees that they charged. The responses to the consultation were not necessarily a representative sample but they gave us a flavour of the level of holding deposits currently charged. Tenants said that they were charged a mean average of £370 as a holding deposit and agents said that they charged a mean average of £214. Currently, a website run by Generation Rent called lettingfees.co.uk has also compared letting fees as displayed on the websites of 1,088 agents across the United Kingdom. It found that, of 23 agents who declare that they currently charge a holding deposit, the average charged is £341. Between 1 April 2017 and 31 March 2018, the average monthly rent in England was £675, working out at £156 per week. That is what would be charged as an average. A cap of one week’s rent will help to improve affordability for tenants, while ensuring that landlords are not unfairly penalised should the tenancy not proceed for reasons within the tenant’s control.

Secondly, I will address Amendments 1 and 21, which seek to encourage greater transparency for tenants in how the holding deposit is treated. I appreciate the valuable points raised and the importance for tenants of understanding how their deposit is handled and why it may not be returned. That is entirely fair. I want to minimise the need for secondary legislation. The noble Lord, Lord Best, quite reasonably pointed out the down side of bringing forward regulations. I should say that it is not usual in this type of situation, despite what the DPRRC says. I have checked this with similar, although admittedly only parallel, legislation; of course, there is no legislation that is identical. If one looks at the Local Government and Public Involvement in Health Act 2007, the Local Government Act 2003, the Planning Act 2008 and the Small Business, Enterprise and Employment Act 2015—across a range of legislation, which I am happy to share with noble Lords—it has been usual for this to go in guidance rather than regulations. The noble Lord is absolutely right that not only would that sacrifice a degree of flexibility, it would slow this down materially—by how long it is difficult to say, given all the legislation currently going through, whatever the circumstances of deal versus no deal. Noble Lords will be aware of the considerable pressure on the legislative programme.

[Lord Kennedy of Southwark]

On the point about slowing the legislation down, the Bill will come into force. Most of the provisions will be enacted on a day to be determined by the Secretary of State through a statutory instrument. Even if the Bill goes on to the statute book, we will have to wait for a further period for many of these provisions to become law, and even then only by regulation. The Bill will not all come into force immediately. Some parts will but quite a lot, including the provisions on deposits, will come into force at a later date. It could be weeks or months after the Bill comes into force before anything actually happens. We will have to have a debate in the House on those provisions first.

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[Baroness Grender]

I thank the Minister, especially for agreeing to take a look at multiple holdings. I look forward to working with him and his team on the guidance. There is some guidance, and the noble Earl, Lord Lytton, will be very relieved to hear that there is a suggestion in it that a tenant might produce a typo, but no suggestion that any landlord would do so. I am using a small example of something I have spotted already in the drafting. I very much appreciate that the guidance is a draft at the moment, and therefore I thank the noble Lord for the opportunity to sit down and work through the guidance to make sure that there is parity between tenants and landlords. There seem to be one or two disparities that I have already picked up from my brief reading of it over the weekend. That, in a way, is why I still want to pursue—and I am very happy to discuss with officials and the Minister—the possibility of getting some regulations to introduce transparency in holding deposits. I look forward to those discussions, but it may be that we will need to pursue this further on Report, depending on those discussions. With that, I beg leave to withdraw this amendment.

[Lord Kennedy of Southwark]

On the guidance, I accept the noble Lord’s point that it is a question of judgment and that he can point to other legislation where guidance is provided for in regulations. But does he accept that if it is guidance rather than regulations, that guidance is weaker because it does not have statutory back-up? That is the point I am making. The Bill addresses tenants’ fees, which we all agree are a problem. If the Government continue with the choice they are making at the moment, what they are offering people is weaker than if it was put in regulations. My other point is that if something does not happen on deposit fees—perhaps in regulations—this will be totally ignored.

[Lord Bourne of Aberystwyth]

My Lords, I am not sure that I do accept that. It is different in nature: some things are better in guidance, because of greater flexibility, and some things are better in regulations. So while I do not accept the general proposition, I accept that some things are better in regulations, but I do not accept that these are those things.

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[Lord Kennedy of Southwark]

On a similar point, we understand that in the Queen’s Speech the Government mentioned a period of four weeks. At one time it seems to have been a manifesto commitment. I am sure that we will be told that it was not, but I would be interested to find out. I understand that the period of four weeks was announced in the Queen’s Speech, but what has happened? The Bill says six weeks. It would help to know the Government’s thinking on that.

[Lord Bourne of Aberystwyth]

I thank noble Lords for those points. The consideration was around the notion of an upper limit, not a norm. As I say, there are difficult cases where a four-week limit may not be appropriate. I have outlined some of those and we have to think about the consequences for tenants. It was that which motivated the reconsideration.

On the point made by the noble Lord, Lord Shipley, about Bob Blackman in the Housing, Communities and Local Government Committee, it is true that different periods were talked about—of four, five, six and eight weeks, as we have already rehearsed—but it is important to note that this was not pressed to a vote in the other place. We have considered the element of flexibility. We are not mandating that it has to be eight weeks; that is far from the case. The evidence from Scotland is that it has not gone to eight weeks; rather it has not really budged. However, it gives flexibility, and that has influenced us. We cover in the guidance the point that we do not expect it to reflect anything other than the loss on the deposit.

[Lord Bourne of Aberystwyth]

My Lords, I am happy to pass that on to the working group, but one has to be careful what one wishes for. As we know, there are all sorts of issues around deposit protection and to disturb the existing relationship may well be dangerous. However, I will ensure that the message is passed back to the group so that it can consider it if appropriate.

[Lord Kennedy of Southwark]

I want to come back to deposits. I accept that it is not easy to sort out, but a tenant in the private sector who is seeking to move will have paid, even on the average figures, £1,200 and will need another deposit of a similar value. As I mentioned, Which? found that 43% of people were using credit cards or loans to get this extra deposit. A lot of people in the private rented sector will be on lower incomes. If they end up borrowing money on their credit card to fund the deposit because they cannot get their previous deposit back, that is not a good place for anyone to be. A credit card is an expensive way of borrowing money for a short period. We need somehow to address that issue and I wonder what the Minister can say about it.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will know that I have a lot of sympathy with that point, not only in this context but for people being forced to use credit cards or loans where that is not appropriate. I could not agree more with him on that, so it is important that we get this right. That is what we are seeking to do. He will be aware, just from the discussion today, that there are different views even in the Committee about the levels. We are seeking to get this right, to reimburse the loan and to provide for passporting on a sensible basis, but we have to ensure that we are being fair to the tenants and the landlords while, at the same time, not killing the tenancy market, which is an important part of the offer to people. However, I take his general point, which is entirely fair.

[Lord Kennedy of Southwark]

In the Queen’s Speech, the cap was announced as four weeks. The Government have looked at this and taken soundings and they say that four to five weeks are needed, so why have they picked six weeks?

[Lord Bourne of Aberystwyth]

My Lords, it is good to see the noble Lord being so supportive of the Queen’s Speech, on this occasion at least. I suspect a little bit of mischief in his new-found support for the Conservative Government. Nevertheless, on the particular point, as I have tried to address, we have looked at the level and, on consideration, decided that we would establish an upper limit but not a norm. That is the thinking behind the more mature reflection. I absolutely accept that this is a question of getting it right.

[Lord Kennedy of Southwark]

I thank the noble Lord for that. I will leave it there and seek to withdraw the amendment, but it is fair to say that I am likely to bring the issue back on Report, as I think that six weeks is too much—I will be looking at four or five weeks and hoping that we can persuade the Government on this. Until then, I beg leave to withdraw the amendment.

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[Lord Bourne of Aberystwyth]

My Lords, I thank all noble Lords who participated in the discussion on Amendment 3. I will seek to deal with the points made. The first and entirely reasonable point raised was from the noble Lord, Lord Kennedy, and was echoed by other noble Lords. I am committed to ensuring that tenants, landlords and agents understand their rights and responsibilities under the legislation. As the noble Lord, Lord Shipley, rightly said, it is not just a question of the law being passed; it needs to be the case that people understand the rights and obligations that follow therefrom.

That is why my officials have been working hard with key stakeholder groups to produce comprehensive consumer guidance to support implementation. However, I do not agree that it is necessary to mandate that in the Bill, as we have discussed and as we will look at again. I have shared draft versions of the guidance for tenants, landlords and agents with noble Lords, and I hope they found them informative and detailed. Once again, I state that we are happy to engage on that if it is helpful to noble Lords. I hope noble Lords agree that the guidance provides important information on the points suggested by the amendment, including the date on which the provisions will come into force, information about what is prohibited and permitted, and information about where tenants can access help and advice.

We intend to share this guidance with tenants and tenant groups in advance of the legislation coming into force and as soon as possible after Royal Assent. We will seek to ensure that tenants, landlords and agents are aware of this guidance, including through online publication and promotion through our media channels, and by using smaller groups, as the noble Earl mentioned. I am grateful to the noble Lord, Lord Best, for mentioning Zoopla and Rightmove; Purplebricks is another one. Those and others are groups we can engage with to make sure that we get the relevant message across. We will also encourage landlords and agents to make tenants aware of the guidance, using our existing relationships with stakeholder groups to do so.

The noble Baroness, Lady Gardner of Parkes, asked about seeking to enforce the provisions of tenancies through this legislation. That is not something we are seeking to do here. It is a contractual matter and short-term tenancy agreements are, I think, beyond the scope of the Bill. However, I do know of the noble Baroness’s concern and, as she is aware, I engage with the short-term tenancy association on a frequent basis to see how we can carry things forward.

I think that deals with the points made by noble Lords and will, I hope, allay concerns ahead of Report. On that basis, I respectfully ask the noble Lord if he will withdraw the amendment.

[Lord Kennedy of Southwark]

I thank the Minister for that. I hope he can help us with a couple of points. He said earlier that in many cases there are good tenants and good landlords, all acting reasonably and responsibly. In that sense, the Bill is not for them. We are dealing with the rogue landlords or bad tenants, as well as people who are uninformed. If you are a landlord with lots of properties you will probably have systems in place to ensure that you are informed properly. I worry that the landlord of one or two properties will—intentionally or unintentionally—not notice the legislation and will seek to carry on charging their tenants prohibitive payments and generally abuse them. What are we doing to ensure that there can be no doubt that these people know their responsibilities in terms of the law? That is what my amendment was trying to do: to ensure the people are clear on that. What is going to happen when the Act becomes law so that we can be absolutely confident that people know this? We disagree on the guidance. It is not statutory; it is just guidance, and does not have the backing of the law. What are we going to do to ensure that those landlords are in no doubt? Just leaving it to the CAB and other groups to inform people is not good enough —we all know that these groups are under huge pressure, as are local authority departments. That is my worry: the small tenants and small landlords. Can the Minister help us on that?

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[Lord Bourne of Aberystwyth]

My Lords, I am very happy to. On the point made by the noble Lord—in relation not just to responsibilities, in fairness, but to the rights of tenants and landlords—this is to get the full message across. We want to get the full impact of the law across to tenants, landlords and agents, as the noble Lord, Lord Shipley, said. To pick up the point about small agents and landlords who are in a different position, we have to act through the landlord associations, the portals and the means outlined by the noble Lord, Lord Best. As I said, I am happy to engage on the guidance ahead of Report. If noble Lords think they have other ways that we could be getting this message across, which is in everybody’s interests, I am more than happy to look at those.

[Lord Kennedy of Southwark]

Obviously, at this stage I will withdraw the amendment. I just want to address the points made by the noble Earl, Lord Lytton. I take his point about proposed new subsection (4)(b) but we are moving into more of a digital age and it is important to have that. Equally, proposed new subsection (6) may not be worded very well but it was my attempt to ensure that in certain parts of the country people get the information in a way that they are able to digest and can be fully informed of their rights. Perhaps I need to look at that when I look at this issue. I cannot say that I am happy with the Minister’s response but I will leave it there for now. We may return to this on Report. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords who have participated in the consideration of enforcement authorities and the guidance, which we have supported so far. I am very grateful for their engagement on this part of the Bill. I am also grateful to the Delegated Powers and Regulatory Reform Committee for its general scrutiny of the Bill.

I acknowledge the views expressed by the noble Lords, Lord Kennedy and Lord Shipley, on the enforcement guidance, but I maintain that it is not necessary, and indeed somewhat unusual, for such guidance to be subject to parliamentary scrutiny. I have already outlined some parallel examples where guidance has been given just as guidance on legislation under successive Governments in this century—the Local Government Act 2003, the Planning Act 2008 and the Small Business, Enterprise and Employment Act 2015, to cite just three. There are many instances in statute and I argue that this is commonplace.

However, to give the reassurance that the noble Lord, Lord Kennedy, in particular asked about, we are still engaging with key stakeholders and enforcement authorities, as we have been doing throughout. Like the noble Lord, Lord Shipley, he very fairly talked about my having shared drafts of the guidance ahead of Committee, and indeed I have offered—and offer again—to engage with noble Lords ahead of Report on the content of the guidance. We are working on it with key stakeholders, representative organisations and enforcement authorities, and, as I said, I am very willing to engage with noble Lords on it too.

I have indicated that there would be a delay if we were to seek to put this in regulations, and I think it would also sacrifice a degree of flexibility. However, on the basis of what I hope noble Lords will agree is my openness in offering not just to share the guidance, which we have done, but to share in engagement on the guidance, I hope that at this stage the noble Lord will feel able to withdraw his amendment.

[Lord Kennedy of Southwark]

Does the noble Lord accept that such guidance, compared with regulations, has less force behind it?

[Lord Bourne of Aberystwyth]

The noble Lord has made that point before. I think it is a case of what is appropriate. I absolutely agree that some things are appropriately put in regulations, but others are appropriately put in guidance. We have both: we have some things in the legislation and others in guidance. I would argue that what we have in the guidance is appropriate for the way that we are proceeding.

[Lord Kennedy of Southwark]

I accept that the noble Lord believes that this is appropriate. However, my point is that you can have both but what the Government have chosen is of less value compared with having it in regulations.

[Lord Bourne of Aberystwyth]

My Lords, I suspect that we disagree on this point. There are many occasions when I agree with the noble Lord but on this point I do not.

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[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords for this amendment, in particular my noble friend Lady Barran. I worked with her when she was involved in SafeLives and I know about the excellent work of that organisation with Homeshare on some issues. I also pay tribute to the work of my noble friend Lady Jenkin, who is currently in Myanmar or Bangladesh dealing with refugee issues.

The House came together on this issue at Second Reading—quite rightly. It is clear that we all support the valuable work done by home-share organisations in matching an older person with low-level support needs with a younger person in housing need. It is an admirable arrangement and I quite understand that the organisation does not want this to be characterised as rent. That is not the nature of the relationship. Again, the House was clear about that.

In a normal situation, the younger person will provide help with tasks, typically cleaning, shopping and gardening, and of course friendship and companionship in return for low-cost accommodation. It is a key policy challenge, which Homeshare supports for the country as a whole, helping an ageing population live in their own homes for longer and addressing issues of loneliness. In short, it is a good. At the same time, it helps a younger person in housing need find an affordable and safe home—something that is a key priority for my department and for the Government as a whole.

I am sure that the matching of two sets of needs through a single project is laudable and something that should be encouraged to grow. Home-share schemes provide ongoing support and reassurance to both householders and home sharers to ensure that the arrangement is beneficial to both. Unless we act, this would fall foul of the legislation, as has been pointed out; it is an unintended consequence. We will continue to work on that and I will undertake to come back to it on Report. I am more than happy to do that, although there is still work to be done. However, I am sure that we can take this forward.

I have listened carefully to the concerns expressed by noble Lords. As I indicated at Second Reading, I am extremely sympathetic to them and we will do something on this. We will return to the matter on Report. With those reassurances, I hope that my noble friend will feel able to withdraw her amendment.

[Lord Kennedy of Southwark]

My Lords, can I be absolutely clear on what the Minister is saying? He will bring back on Report or perhaps at Third Reading an amendment that will deal with this issue.

[Lord Bourne of Aberystwyth]

My Lords, I hope to engage with noble Lords ahead of that to discuss the way forward, but I am keen that we should deal with this. I have indicated that it is not appropriate to deal with it by private arrangements with the organisation because I do not think that that would satisfy its legitimate desire to ensure that this is not a tenancy-type agreement.

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[Lord Kennedy of Southwark]

My Lords, Amendment 23, moved by the noble Baroness, Lady Grender, has my full support. It would remove default fees from the Bill. I share the concerns expressed here today that this provision could be used as a vehicle for unscrupulous landlords and letting agents to recoup lost income resulting from the ban. We cannot allow this loophole to go unchallenged. I also agree with the comments of the noble Lord, Lord Best; if something can be got around, someone will usually be smart enough to work it out and get around it. We should always be aware of that; it is very important to stop that.

In the Bill, the Government seek to limit default charges and fees to costs that are “reasonably incurred”, which must be evidenced in writing. However, this will prevent landlords and agents including unfair terms in tenancy agreements and trying to charge unreasonable amounts. Of course, we will come back to this issue of what is reasonable; we have come back to the issue of guidance many times. In responding to the debate, can the noble Lord explain how he believes that tenants will be protected from this unfair practice? How does the legislation, as it is framed now, protect people from ingenious people looking to get round almost anything? How can we be confident that the Bill is watertight?

Amendment 24, in the names of the noble Baronesses, Lady Grender and Lady Thornhill, and my Amendment 25 seek to make provision for default fees to be more transparent if they remain in the Bill and, as drafted in my amendment, to be detailed in regulations setting out what is a permitted payment in this regard. This would provide a clearer, legal definition of default fees. That would prevent abuse, protect tenants, ensure that tenants understand what they could be charged for and increase confidence in challenging illegal, prohibited fees. In contrast to guidance, regulations would act as a deterrent and give tenants a statutory basis from which to challenge prohibited fees. The late payment of rent and lost keys are the most commonly cited examples; in each scenario, the purpose of the fee would be clear to the tenant, which would limit the opportunity for exploitation.

I take on board the points made by the noble Earl, Lord Lytton. If we were all reasonable people, we would not need legislation at all; unfortunately, there are good and bad tenants and there are good and bad landlords. Often, we have to legislate for the worst excesses in all cases, and that is partly what we are trying to do here. However, I accept that the noble Earl has made some fair points—I am not suggesting that that is not the case. I look forward to hearing what the noble Lord, Lord Bourne, has to say on these matters.

[Lord Bourne of Aberystwyth]

My Lords, I thank all noble Lords who participated in the debate on this important section of the Bill. To echo the point made by the noble Lord, Lord Kennedy, this is about dealing with the small minority of tenants and landlords. I accept that the vast majority will not need the encouragement we are giving. That said, there is a difficult issue involved, as outlined quite fairly by the noble Baroness, Lady Grender. However, I take a slightly different view on it, so let me outline where I am. I am of course happy to carry on discussing this ahead of Report, so that we can get to a sensible position on it.

There are situations where it is quite reasonable that a landlord should be able to claim from the tenant for doing something that is perhaps the tenant’s obligation but which the landlord has taken up. We have heard some examples and there will be others that we have not thought of—I do not suppose anybody except the noble Earl had thought about condensation until today, but we are now aware that that situation perhaps needs to be covered. We are not necessarily going to be able to think of an exhaustive list, but the list we are looking at does not relate to damage.

It is not appropriate that a replacement key should come out of the deposit; the deposit is there to counteract damage that is done. That would be true of a locksmith coming in as well. How will that be shown to be a reasonable cost? It has to be evidenced in writing: for example, with the receipt from Timpson. I do not think anybody could reasonably object to that. It is entirely right. There is a whole jurisprudence on reasonableness, and I can happily supply it all to the noble Lord, Lord Kennedy—it runs to volumes and volumes in the law of negligence and elsewhere, as the noble Lord, Lord Beecham, will certainly be aware. This is an area in which there is substantial jurisprudence. We can give some examples but giving an exhaustive definition will take some time.

I share the view of the noble Lord, Lord Best, that it would not be appropriate to evict a tenant or to say that that has to happen in this type of situation. I think that a landlord would be very happy to renew a tenancy if he was able to claim in relation to lost keys and a locksmith being called out, and there is no reason why he should not be able to do that.

I am very keen to look at this issue ahead of Report to see how we can perhaps tighten it up, as I accept that there might be a need to do that. However, there are legitimate situations where it is not unreasonable for the landlord, during the currency of the lease—not at the end of the lease, when the deposit will kick in—to be able to claim for the cost of work that has been done. It is no more and no less than that. I recognise that we want to stop any potential abuse by the small minority of landlords whom we all have in our sights, but I hope that the noble Baroness will accept that there are legitimate situations that we can look at ahead of Report while trying to isolate the cases where there is abuse. With that assurance, I respectfully ask her to withdraw the amendment.

Housing: Prefabricated Council Houses

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 1st November 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, that certainly sounds ambitious. We talked about being innovative and forward-looking, and the noble Lord is. I am happy to take that idea back and to speak to the noble Lord about some of the ideas that he has just outlined.

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

My Lords, I refer the House to my relevant interest as a vice-president of the Local Government Association. Is the noble Lord aware of the excellent work undertaken by the London Assembly to promote the off-site manufacture of housing, led by my friend Nicky Gavron AM? Can he tell the House what the Government are doing to promote this type of construction and, in particular, about the scope for creating more jobs in the UK?

[Lord Bourne of Aberystwyth]

My Lords, I was unaware of the specific relationship that the noble Lord just mentioned, but I am certainly aware of the work of the Greater London Assembly. Much good work is being done across the piece. The noble Lord will be aware that £2.5 billion of the home building fund is being used to provide loan finance for modern methods of construction. He will probably also be aware that we have a working group on modern methods of constructions, which is looking at specific issues of mortgages and insurance, for example. The working group met in October with the Housing Minister. I will happily engage with the noble Lord to fill him in on more of the details, but we are very well aware of the importance of the issue and we are fostering and encouraging it.

Yorkshire: Devolution

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 17th October 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, without prejudging the Secretary of State’s response to the documentation he has received—just a week ago—we are of course wedded to ensuring that the economy of Yorkshire and the whole region thrives. There is, if not a proposal, documentation, to which the Secretary of State will respond. I come back to the point that, as has always been the policy, it is important that we all get behind the Sheffield city deal and it is executed in line with processes in this House and the other place, and with the election that has been held.

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

My Lords, I draw the attention of the House to my relevant interest as a vice-president of the Local Government Association. Does the Minister agree that, whatever is finally agreed, it should be locally led? Will he confirm that nothing will be imposed by the Government?

[Lord Bourne of Aberystwyth]

My Lords, there certainly has to be a proposal. As the noble Lord will be aware, the process is that we respond to proposals made on devolution. There has been no formal proposal for the One Yorkshire deal, although documentation has been sent forward. However, it is clearly important that this is locally led, as we can only respond to proposals. I can confirm that the Sheffield city deal was locally led and, as I said, everyone should get behind it, because it is a sine qua non to moving on in the region generally—but I make no prejudgment of what the response will be.

Private Rented Sector Licensing Schemes

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 16th October 2018 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a vice-president of the Local Government Association.

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

My Lords, on 1 October, new regulations that extend the mandatory licensing requirements for houses in multiple occupation came into force. We published guidance for local authorities in June and held a series of events with them through the summer. Licensing of HMOs is self-funding, as councils can charge fees for licences to cover their costs. In addition, since April 2017, local authorities have had powers to retain income received through civil penalties and rent repayment orders.

[Lord Kennedy of Southwark]

My Lords, in April the HCLG Select Committee described the current process of application to the Secretary of State to operate a private sector licensing scheme as “not fit for purpose”. It said:

“Decision-making is too slow, lacks transparency, and is overly bureaucratic”.


When are the Government going to remove the 20% cap, return to local authorities the powers that were taken away in 2015 and allow locally elected politicians, who have a far greater understanding of local needs and are directly accountable for their decisions, to decide these matters?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will be aware that the great mass of selective licensing schemes do not involve that 20%—it is about eight of just shy of 60. The 20% is there for a reason. On one occasion, in the case of Redbridge, we turned the application down because the proper consultation process was not followed. The application has since been resubmitted and we have approved it. It is there for a good reason and that is the only case we have ever turned down.

Housing: Local Plans

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 13th September 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the local plan is paramount— the noble Lord, along with many people in this House, was instrumental in getting broad, cross-party agreement on the neighbourhood planning scheme. That will remain the case, but the National Planning Policy Framework will provide an overlay of the number of houses that need to be built in conformity with the national plan. I do not see any consistency there—it is something that we will watch like hawks—but the local plan is paramount in terms of the needs of an area. Related to that are the housing delivery plans, on which we consulted widely and for which there was significant support, as the noble Lord will know.

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

My Lords, I declare an interest as a vice-president of the Local Government Association. The Minister will be aware of the hundreds of thousands of approved planning applications for housing across the United Kingdom where not a single brick has been laid by developer or builder. What is the benefit to local communities if the result of the test is just speculative, unsuitable developments that fail to meet local plans, fail to address local needs or have any connection with local demands?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will have heard me just say that the local plan will remain paramount. He will also have heard me say that, last year, we had record delivery of housing—only one year in the past 30 was better than that. Last year, permission for 304,000 homes was given in the rolling year to 31 March 2017. That is the challenge we have. The noble Lord is right about some speculative building. He will know that we are looking at that and remember our response to it in the Housing White Paper—it remains very much business that we want to attend to. In the meantime, we should realise that we are making progress. We should not be complacent—there are challenges, which I freely acknowledge—but, against the backdrop of the challenge we have of 300,000 houses per annum, we will be treading on some toes to achieve it. I am sure that we will have widespread support for doing that.

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

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

3rd reading (Hansard): House of Lords
Wednesday 18th July 2018 Lords Chamber

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

My Lords, I draw the attention of the House to my relevant interest as a vice-president of the Local Government Association. I do not intend to detain the House for very long as there is widespread support for the amendment. I am very happy to support the amendment tabled by the noble Lord, Lord Bourne of Aberystwyth, which, as we have heard, came out of a proposal from the noble Baroness, Lady Pinnock, and the noble Lord, Lord Shipley. The proposal introduced the concept of having an increasing scale of how much council tax can by charged on an empty property. It was a very good, sensible idea. This government amendment looks at the practicalities of delivering it and has my full support.

My noble friend Lord Campbell-Savours raised the issue of the single person’s discount, and I hope that the noble Lord will address that in his response to the debate. The noble Earl, Lord Lytton, and the noble and learned Lord, Lord Mackay of Clashfern, raised the issue of the blight of empty properties. I hope the noble Lord can confirm that that will be addressed in the guidance that comes on the back of this Bill. As I said, I am very happy to support the amendment, and I thank the noble Lord and the Government for listening to the concerns that have been raised.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on this amendment. If I may, I will deal with the contributions in the order in which they were made, and turn first to the noble Lord, Lord Campbell-Savours. I understand where he is coming from on this, but the essential point, as was just made by my noble and learned friend Lord Mackay of Clashfern, is that the premium is payable on the value of the property and not on the circumstances of the person or persons who happen to be there at the time. I can provide him with the precise provision that makes this absolutely clear.

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[Lord Bourne of Aberystwyth]

My Lords, in moving this Motion, I express my thanks to noble Lords for their helpful insight and support throughout proceedings. I especially thank the noble Baroness, Lady Pinnock, and the noble Lords, Lord Shipley and Lord Kennedy. I am grateful to the noble Earl and other noble Lords who have participated in our discussions. For example, the noble Lords, Lord Campbell-Savours, Lord Stunell and Lord Best, and my noble friend Lord Deben, who is not in his place at present, have contributed as this has gone forward.

I also thank the Local Government Association for its engagement with my officials during the passage of the Bill—indeed, even before it was introduced in the other place. The conversations were constructive, and we will continue these as the Bill takes effect. Additional thanks are due to the Federation of Small Businesses, the Rating Surveyors Association, the Royal Institution of Chartered Surveyors and the Institute of Revenues, Rating and Valuation. Their expertise has been invaluable, and I am grateful for their assistance in developing the solution to the staircase tax, which has enjoyed wide support across both Houses.

I would also like to thank officials and the Bill team who have contributed to the Bill: Joshua Hardie, Gareth Adams, Shaun Morroll, Nick Cooper, John Hutchinson, Peter Bates, Thomas Adams, Antony Henderson and Hannah Ram—my cheerful, charming and efficient private secretary; that has earned me some Brownie points—who has worked incredibly hard on this Bill.

In summary, the Bill is much improved and has enjoyed broad support across the House. I beg to move.

[Lord Kennedy of Southwark]

My Lords, I join the Minister in thanking everyone in the House for their contributions to the Bill. It is a small, three-clause Bill, but an important Bill, which, as we know, deals with the staircase tax among other things. I also thank the department officials for their work, other colleagues around the House and all the organisations that the Minister listed, including the Local Government Association. Though small, the Bill is useful and will make a difference. I also thank the Minister, as always, for his management of the House.

Housing: Rent

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 10th July 2018 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government for how many homes for rent on social rents as opposed to affordable rents they provided funding in the years 2016-17 and 2017-18.

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

My Lords, 5,900 homes for social rent and 24,390 homes for affordable rent were provided in 2016-17. Data on 2017-18 delivery is not yet available. We introduced affordable rent to maximise government investment in affordable housing and have delivered over 378,000 affordable homes since 2010. We recognise the need for a wider range of homes to meet the housing needs of all parts of the community, which is why, two weeks ago, we announced new funding for social rent. Some £1.67 billion has been made available to deliver 23,000 affordable homes outside London, 12,500 of which will be at social rent.

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

My Lords, I refer the House to my relevant interest as a vice-president of the Local Government Association. How does the noble Lord think that his department will provide the strong and stable leadership needed to deliver the social and affordable homes to rent and homes to own that are so desperately needed when the merry-go-round that is his department has seen four Housing Ministers in 14 months?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will be well aware of the changes of personnel in the shadow Government, so I do not think that that is a wise furrow for him to plough. The figures for 2016-17—the last year for which records are available—show that 217,350 new homes were delivered, and those are the best figures for 30 years in all but one year.

Affordable Housing: Social Homes for Rent

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 3rd July 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I am glad that the noble Baroness welcomes the progress made. In 2016-17, the year to which she referred, we saw 217,350 new homes delivered—the highest number in all but one of the previous 30 years.

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

My Lords, I draw the attention of the House to my interests as set out in the register. How many homes for social rent have been lost since 2012 due to government policy requiring conversion to affordable rent, and how many will be lost under the same policy if it continues until 2020?

[Lord Bourne of Aberystwyth]

My Lords, as the noble Lord will know, the affordable rent figures are generally the measure that is used. I have referred to the additional 23,000 affordable homes outside of London that we are committed to. He will know that we have a separate agreement with the Mayor of London, who is going to provide 26,000 affordable homes, although not as many at social rent as outside of London. I am sure the noble Lord will be pleased at the progress that is being made.

Anti-Semitism

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 26th June 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I do not want to be drawn too much into semantics on this. I think noble Lords will in general realise what is legitimate criticism of the policy of a particular state—that is legitimate—but they will be aware of the definition of anti-Semitism which the Government, the Conservative Party and many local authorities have adopted. That is a good thing and is recognised as such internationally.

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

My Lords, does the Minister agree that anti-Semitism is a truly despicable form of abuse and that it has absolutely no place in Britain? Will he join me in congratulating the Community Security Trust for what it has done in highlighting this abuse and racism? Will he ask his ministerial colleagues in the Home Office and the Ministry of Justice to ensure that everything is in place to support the police and the CPS to bring prosecutions against the perpetrators of these evil crimes?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord’s record is unimpeachable in this regard and I join him in paying tribute to the CST. He will be aware that at the top reaches of his party in the other place, there is still an issue to address, but I certainly exempt noble Lords in this House from that charge. However, there is much work to be done on anti-Semitism in the upper reaches of the Labour Party.

Short-Term Holiday Lets

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 19th June 2018 Lords Chamber

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

My Lords, I refer the House to my relevant interest as a vice-president of the Local Government Association. The noble Baroness, Lady Gardner of Parkes, has raised this issue many times and we are grateful to her for that. Is the noble Lord satisfied that the law in respect of short-term holiday lettings is being adhered to generally, or is it being flouted?

[Lord Bourne of Aberystwyth]

My Lords, I can only restate that if the law has been flouted and if noble Lords are aware of that, and that certainly applies to the noble Lord opposite, I will be very happy to look at the particular situation. In so far as any information has been brought to me, I have absolutely satisfied myself that, in those very few cases, the law had not been flouted. Of course these people have to abide by the law, including the 90-day limit. They would be wise to ensure that they are acting within the terms of their lease, but if they are not, that is a contractual matter and it is for the other contracting party—the landlord—to ensure that they abide by those rules.

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

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

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

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

My Lords, briefly, the amendment in the name of the noble Earl raises an important point and I am happy to support it. As he said, this is a simple administrative change that could help people.

[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 grateful to the noble Earl, Lord Lytton, for his amendment and the noble Lord, Lord Kennedy, for his contribution.

The measure we will deliver through Clause 1 has been welcomed by stakeholders. It will return the practice of the Valuation Office Agency back to the position that applied before the Supreme Court decision in Woolway v Mazars. As highlighted by the noble Earl, Lord Lytton, it is important that we still consider how this measure will be implemented. In December last year, my department issued a consultation document that contained a draft of Clause 1 and set out how we plan to implement this change in the law. As we explained in that consultation, to protect ratepayers from unwanted backdated bills on the 2010 rating lists, we will allow ratepayers to choose whether they want their bill changed before 1 April 2017. We will achieve this by allowing a new right of appeal on the 2010 rating list for those ratepayers affected by Clause 1. I understand that my officials are already working with the Rating Surveyors Association and other professional bodies on the regulations to deliver this new right of appeal on the 2010 rating list.

For the 2017 rating list—about which I think the noble Earl, Lord Lytton, is concerned—the Valuation Office Agency will update the list as it becomes aware, through ratepayers and local authorities, of assessments impacted by the change in the legislation. Keeping an accurate rating list in this way is a normal part of the business rates system. Where appeals on the 2010 rating list mean that the valuation officer believes that the 2017 rating list also requires changes, I assure the Committee that these will be resolved by the Valuation Office Agency as part of its normal duty to maintain the list. Ratepayers will also be able to request a prioritised check of their 2017 rateable value if they believe it has been affected by the ruling.

From the consultation, we have seen widespread support for this approach to implementation. The amendment before us would require the valuation officer to make consequential changes to the 2017 rating list after they have resolved a case on the 2010 rating list. As I have said, it is the intention of the Valuation Office Agency to make these necessary changes. What is more, the requirement of the Valuation Office Agency to correct the 2017 rating list is already captured in primary legislation. That is significant. Under Section 41 of the Local Government Finance Act 1988, the valuation officer is required to compile, and then maintain, local rating lists. Therefore, if through the settlement of an appeal on the 2010 rating list the valuation officer concludes that the 2017 rating also needs to be changed, they are duty bound to make that change. I can offer that legislative assurance. With those assurances, I hope the noble Earl, Lord Lytton, will agree to withdraw his amendment.

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[Lord Kennedy of Southwark]

Is the Minister saying that the Chancellor did or did not say in the Budget that the Government were going to reimburse local government on these matters? I understood that the Chancellor had announced that the Government were going to reimburse local government but then the Government changed their mind.

[Lord Bourne of Aberystwyth]

My Lords, I say this with some hesitation because the noble Lord seems relatively certain about what he is saying, but I think I am right that in the 2017 Budget the Chancellor said that we were not going to reimburse local government in relation to this. I do not think that statement had been made before; or if it had, it was only shortly before. But I think in the 2017 Budget he made it clear that we would not be doing so. But that can be checked. As I say, I might be wrong on that.

[Lord Kennedy of Southwark]

That would be very helpful. Does the Minister have any estimate of the amount of money involved for local government? I accept that people have had the benefit of these sums of money for a period of time but, equally, everyone was surprised by the judgment of the Supreme Court. What are the sums of money involved for local government? They may be negligible or huge. We all know that local government is really pressed in terms of budgets and finance, and things are very difficult, with many competing demands. If it was a large amount of money, that could cause problems.

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[Lord Kennedy of Southwark]

I fully support the noble Earl in his Amendment 3. I think we all deal online very much more now in our work and in terms of official and unofficial things, so this is a very sensible amendment.

[Lord Bourne of Aberystwyth]

My Lords, with the indulgence of the House, I would like to pick up a point from the last group. I failed to address a point made by the noble Lord, Lord Shipley, on the pilot business rate retention issue. We are speaking to the Local Government Association and others about that. It is not straightforward but we are not convinced that there is any loss. Still, I shall seek to address that in more detail in the letter. I apologise to him for not picking that up earlier.

I thank the noble Earl for moving this amendment, which would require the Valuation Office Agency to publish on its website guidance and advice on the effect of Clause 1. I understand and appreciate the motivation behind the amendment, backed by the noble Lord, Lord Kennedy. Business rates can be a complex area and confusing to ratepayers, and of course we support ideas that would give ratepayers more information to help them to plan for their business rates liability.

On Clause 1, I agree that it is especially important that the VOA provide clear guidance to ratepayers on when they may be affected. Clause 1 concerns contiguous properties that are assessed for rating in more than one part, but there are many reasons why a ratepayer may have seen their property split into two or more rating assessments. That will include properties whose rating assessments have split because of the Supreme Court decision in Mazars, but will not be limited to that. Clause 1 will change the law to mirror the practice of the VOA prior to the Supreme Court decision. Those ratepayers may therefore fall within Clause 1. However, there will be many other reasons why a rating assessment may have been split into several parts. A property may have seen physical change requiring it to have more than one rating assessment, for example, or part of the property may have been sublet. These splits are unlikely to be related to the Supreme Court decision, and those ratepayers will not be affected by Clause 1.

It is therefore important that we explain this to ratepayers. The VOA already has clear guidance on its website explaining in simple terms how the law currently applies under the Supreme Court decision, including some clear examples. I assure the Committee that once the Bill receives Royal Assent, the guidance will be quickly changed so that it explains the operation of the new law under Clause 1. I further assure the noble Earl that the VOA will share that guidance in draft with the professional bodies, including the Rating Surveyors’ Association. The noble Earl will therefore have the opportunity to consider this guidance from his expert perspective before it is published. I appreciate that we are very fortunate in having him look at this legislation in some detail because of his professional understanding of it. This, together with the information that ratepayers can already access about their own property on the VOA website, will provide ratepayers with the information that they need to decide whether they fall within Clause 1.

I hope that with these assurances the noble Earl will agree to withdraw his amendment.

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[Lord Bourne of Aberystwyth]

I thank noble Lords very much for their contributions. I appreciate that the noble Lord, Lord Bird, is not in his place at present but he lobbed in a hand grenade, as it were, before departing the scene. I appreciate the point made by the noble Lord, Lord Kennedy, and will try to address some of the suggestions from the noble Lord, Lord Bird. He is always worth listening to on this area in particular, but he always has some innovative ideas.

I am grateful to noble Lords for raising the question of how the legislation will apply. The noble Lord, Lord Kennedy, is suggesting a one-year vacancy. I am also grateful for the cross-party support that we have received in both Houses for the measure that we are bringing forward, and I appreciate the points about possible refinements.

We are not seeking to alter the circumstances in which the premium is applied. Ninety per cent of local authorities applied a premium in 2017-18, and we are not aware of widespread concern that the two-year period is inappropriate. I feel that one year might be far too short a period in many circumstances. There are some exceptions where the premium does not apply, one of which is people going into social care, which the noble Earl, Lord Listowel, raised. However, situations that are not exceptions include that of people who might be adapting a property and trying to sell it. I fear that in those circumstances a year would be too short a period, and I have no doubt that there are other situations where that would be the case as well.

I understand the rationale for decreasing the qualifying period at a time of great concern about empty properties, but I remind the House that we have squeezed the number of empty properties down to a low level—a level that it has not been at for a long time, if at all. We have to make a judgment about how long the timeframe should be. I know from correspondence that the department has received that some home owners take longer than expected to sell or rent out their properties in a challenging local market. In such circumstances, retaining the two-year qualifying period therefore strikes the right balance. I understand the point that the noble Lord, Lord Kennedy, made about his desire to strengthen the incentive.

The amendment in the name of the noble Lord, Lord Bird, would allow councils to decrease or increase the qualifying period as they see fit. Local authorities would be given complete freedom to remove the requirement that a property be substantially unfurnished in order to be considered empty. I am happy to address those points. Although we should support giving councils as much discretion as is reasonable, the noble Lord’s amendment could lead to a confusing situation where the property, depending on where it is located, could attract premiums after just a few months or after quite a few years.

The principle of specifying that an empty property is one which is substantially unfurnished is well understood, and we will come on to amendments addressing that issue later. The risk of the amendment proposed by the noble Lord, Lord Bird, is that it would give local authorities an open door to extend that definition to types of properties that are not genuinely empty. Premiums could be applied to furnished properties that are periodically occupied either because they are someone’s second home or a job-related home or simply because the owner is away on holiday. I know there are views about second homes and properties that might be considered to be underoccupied, but this legislation is about long-term empty properties, which is a different matter. The design of the system already provides the right balance of flexibility for local authorities.

On the points raised by the noble Earl, Lord Listowel, about the impact of these provisions, I remind the House that local authorities have a discretion they can apply either in relation to excluding properties along the energy-efficiency line suggested by the noble Lord, Lord Stunell, or in terms of something highly personalised which relates to a particular property and the person in it. That is why it is best left to the local level to determine this issue.

The noble Earl also asked about the private rented sector and three-year leases. We are committed to dealing with this issue, which has strong support from the sector, and we are making progress. He will be aware that the private rented sector has grown significantly, and continues to grow. We are putting in place a framework that will apply in a reasonable way, with tenant fees proposals—which we will be looking at shortly—and that addresses the control of deposits, requires client money protection and so on. I will cover that in the normal write-round letter that I will issue to pick up the points made by the noble Earl.

With the comments I have made about how we are not persuaded of the need to alter the minimum period from two years to one year or anything below two years, I urge the noble Lord, Lord Kennedy, to withdraw his amendment.

[Lord Kennedy of Southwark]

I thank all noble Lords who have spoken in this short debate. I am happy to withdraw my amendment at this stage. This amendment and those in the previous group were designed to explore whether we have got this right. I may wish to come back to these amendments—particularly those in the previous group—on Report, but I am happy to withdraw this amendment given what I have heard from the noble Lord.

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[Lord Kennedy of Southwark]

My Lords, briefly, I endorse the comments made in the debate so far, particularly those from the noble Lord, Lord Deben. He is absolutely right. Suffolk is a beautiful part of the world. I know that as well as him; I spend a fair bit of time down there. It is a wonderful place. He is absolutely right that people should not be allowed to pretend to have businesses and to take advantage of these things to avoid paying what they are supposed to pay to provide for local services. That is completely wrong. I hope that when the Minister responds to the debate he can give us some comfort that the Government will look at this. It is totally out of order. If someone lives in an area they should contribute to the services provided by the local authority.

[Lord Bourne of Aberystwyth]

I thank noble Lords very much indeed for what has been an interesting and diverting debate on this amendment. I will seek to deal with all the points that have been made. I will deal with the points made by the noble Baroness, Lady Pinnock, relating to the definitions of “unoccupied” and “substantially unfurnished”; then I will seek to deal with the issues relating to second homes brought up by the noble Lord, Lord Shipley, reinforced by my noble friend Lord Deben and briefly addressed by the noble Lord, Lord Kennedy.

The definitions are clearly important to the successful operation of the premium. Indeed, they are already important to its successful operation because it already uses these terms. It is something that more than 90% of local authorities are already doing. In so far as I can see, none of them is having difficulty interpreting these terms. If anyone can come forward with some issue they feel needs addressing I would be very happy to look at it. It is of course right that local authorities must understand the meaning of these terms and that they are applied consistently across England, as I said on an earlier group of amendments. I certainly share that view.

It might assist noble Lords if I explained a little about these terms. I do not want to repeat what the noble Baroness said about the information letter of 2014, although the more she said the more I felt that we have covered these points. You cannot produce a 100% reliable definition by saying how many cups and saucers you can have left in a cupboard or how many forks and spoons can be in the drawer. To say that these furniture items would normally be there—a bed, chairs, a table, a wardrobe, a sofa, and white goods such as a fridge, freezer or a cooker—is as good as it gets for guidance.

I think that the noble Baroness said at one stage that it was not always possible to have utility bills and that some people were overseas and so on. If that is the case, it will be very difficult for them to reinforce the fact that the property is being used. That is the whole point: these people might seek to have their property as occupied so that they do not have to pay the empty home premium. If they cannot establish it, because they are overseas or so on, that seems absolutely correct. As I say, I am very happy to engage with the noble Baroness and others to look at this issue if they can bring forward evidence that local authorities are having particular difficulties with this. However, in the light of the letter and in the light of case law, I do not think that this is an issue.

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[Lord Bourne of Aberystwyth]

I am very grateful to the noble Lord, Lord Kennedy, and the noble Baroness, Lady Thornhill, for their contributions on this group of amendments that relate to how we seek to address the penalty point just covered by the noble Baroness and the issue of the review, which was raised by the noble Lord.

The amendments would require the Government to review the impact of the increase in the maximum permitted level of the empty homes premium. I pause briefly to say that I think I am going to organise a list of all the things that the noble Lord, Lord Kennedy, has asked us to do reviews on. I know that he very often says that we have so many things out for review and then we have a critique of that, but we have had a couple of issues today at least where he has asked for reviews. I am only teasing.

[Lord Kennedy of Southwark]

I am very happy that the department does this. My issue with the reviews is that the Government never come to a conclusion.

[Lord Bourne of Aberystwyth]

I think the noble Lord’s issue has been that there are so many of them that there is a bit of a logjam. Anyway, we could perhaps debate that on some other occasion.

The amendment tabled by the noble Baronesses, Lady Pinnock and Lady Thornhill, would also require the Minister to determine whether the review should also consider the impact of any penalties on council tax payers who fail to tell their local authority that their property is empty. The review would need to be undertaken within two years of the legislation being enacted, with a report laid before both Houses of Parliament.

I am afraid that the Government are unable to accept the amendments. First, the Government are clear that the use of the premium and the consideration of its impact and enforcement are best undertaken by local authorities. As I have said, we are giving a discretion to local authorities; some local authorities do not apply the premium at all while others apply it in its totality. We have provided local government with complete discretion on whether to introduce the premium. Noble Lords will recognise that local government has been running the empty homes premium now since 2013, with a steady year-on-year growth in the number of councils making use of the power. Fewer than 30 councils have no premium in place at all. That gives a very clear indication that councils across the country consider this to be a useful power to drive behavioural change in owners of long-term empty properties.

In considering the Bill’s proposal to increase the maximum level of the premium from 50% to 100%, I have been struck by the widespread support from across the House—admittedly with variations, but there has been support for that increase. There is clear confidence that this is a sensible step to take. Given that, I am not persuaded that we should introduce uncertainty into the process by committing the Government to a review within two years. That could be perceived as demonstrating a lack of faith in the measure which, of course, is not the case.

Housing: Private Rented Sector

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 14th June 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, we are clearly in favour of anything we can do in that regard. As my noble friend will know, we are progressing a policy of a higher premium on empty buildings in legislation that is currently passing through this House, and it is important that we look at all avenues available to us to ensure that we use buildings for housing.

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

My Lords, I refer the House to my relevant interests. While the overwhelming majority of private sector landlords do a good job, does the Minister agree that compulsory landlord licensing schemes, like the one in the London Borough of Newham, are an effective way of tackling rogue landlords? Will he join with me in congratulating Newham Council, the present mayor, Rokhsana Fiaz, and the previous mayor, Sir Robin Wales, on the effective work they have done in conjunction with the Metropolitan Police which has protected tenants but also uncovered council tax and income tax fraud, people trafficking, and people hiding in plain sight who were wanted by the Metropolitan Police in connection with serious crimes?

[Lord Bourne of Aberystwyth]

My Lords, I know that the noble Lord has raised this issue before, but not quite on such a broad front. This morning it is almost as if he had been sponsored by the London Borough of Newham. However, I congratulate him on getting that in. It does much good work, as all London boroughs do, and licensing, where appropriate, is certainly effective. The noble Lord will know that we are doing much in this House and elsewhere to encourage effective licensing of landlords, and I thank him very much for his support in that regard.

Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 13th June 2018 Lords Chamber

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

My Lords, I draw the attention of the House to my registered interest as a vice-president of the Local Government Association. I thank the noble Lord, Lord Bourne of Aberystwyth, for bringing the regulations forward today. I know that he has worked hard on this, and I am genuinely pleased that they have come forward.

To go through some of the history, client money protection was debated during the passage of the dreaded Housing and Planning Act 2016. That Act received Royal Assent on 12 May 2016, and this, frankly, is one of the few welcome measures in it. As we heard, a working group was then set up, chaired by the noble Lord, Lord Palmer of Childs Hill, and my noble friend Lady Hayter of Kentish Town. I join other noble Lords in thanking both of them for the excellent work they did on that to bring forward the scheme we have. Their consultation closed in October 2016 and their report was published on 27 March 2017. The very next day the noble Lord himself announced from the Dispatch Box that the Government would go ahead with a mandatory scheme of client money protection, and everybody was very welcoming of that.

The two regulations are before the House today, 13 June 2018, and the requirement to become a member of a scheme comes into force on 1 April 2019. As I said, I am delighted that the Government have finally done this, but you certainly could not accuse them of acting in haste on the matter. The regulations to require letting agents to belong to a mandatory scheme come into effect just short of three years after the Act giving the power for this to happen received Royal Assent. We all want this to work properly and to be right, and we all want it to be a success and effective—but having to wait 35 months to get to this point is a little excessive. So, although I welcome the regulations, perhaps the Minister when he responds could take on board the point that it seems a little excessive. I cannot see why it could not have been done in 18 to 24 months.

Having said that, what the noble Lord outlined is welcome, both as regards the approval regulation and the requirements regulation. I am delighted that they are coming into force, although I endorse entirely the comments made by the noble Lords, Lord Best and Lord Shipley, on enforcement. The regulations must be enforced properly, and to do that will require lots of training. Again, however, I very much welcome them.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have contributed to the debate on these regulations, and I will seek to address the points made by noble Lords in the order in which they were made.

First, the noble Lord, Lord Best, knows exactly what he is talking about in the whole area of our department’s work, so I always listen to him with great interest and much respect. He painted a picture of the need for action against a background of dubious property agents who inhabit a sort of Dickensian and Trollopian netherworld. While I accept that there are some agents who certainly need this urgent action, it is worth saying that the great mass of landlords and agents operate reputably, and I know that the noble Lord will agree with that point. Nevertheless, we need to weed out—words the noble Lord used—firms, agents and businesses that operate in a risky and nefarious way. This development of a fledgling letting fees agency industry—again, to use the noble Lord’s words—is against the backdrop of the Tenant Fees Bill, which, as I say, is in the other place and will probably be with us before the Summer Recess.

To explain the context of the link between the regulations and the Bill, as a result of the Housing and Planning Act we can act in relation to the regulations only by initially transferring the authority to do this to district councils. However, when we consulted on these measures, the feeling was that it was appropriate that trading standards should be the agency responsible, so the tenant fees legislation, when it comes into force, will move the responsibility from district councils to trading standards. That explains the choreography.

The nub of the critique of the noble Lord, Lord Shipley, related to the cost of enforcement. He is absolutely right that enforcement is key here, and in a moment I will address some of the very fair points that he raised. It is intended that the fines picked up by trading standards will be the resource available and, as the noble Lord said, there is no reason why the system should not be self-financing. Indeed, there is every reason why it should be. I will come to the points that he made in that regard, as well as the other points that he raised.

The noble Lord, Lord Shipley, again referred to the need to clean up the world of private letting, and that is what this series of measures is about. The Government’s thinking is that we want a market for the private rented sector, which has been growing. The noble Lord referred to the increase in the number of people renting in the private sector. There are now 4.7 million and that figure is set to rise further. Our thinking is that, although it is inappropriate to regulate rents, we need to create an appropriate framework so that we know that the people operating within the industry do so lawfully and appropriately, and that is what this and the other suite of measures that we have been talking about seek to address. That is the background to what we are seeking to do.

The noble Lord then made a very fair point about publicity. Obviously, we will want to ramp up the publicity once the regulations are agreed. The approval regulations will come into force immediately—the day after they are passed, I think—and we will want to publicise that on the website. We will want to work with the Local Government Association on how we can give the regulations wider publicity to make sure that potential tenants and landlords know about them. If I may, I will write to noble Lords to seek to allay concerns and to address the very fair point made by the noble Lord.

Like Mary Tudor, when, many years from now, the noble Lord, Lord Kennedy, is no longer with us, the Housing and Planning Act 2016 will be there within him, because this is certainly something that he feels very strongly about. I agree with him about the importance of these measures and the need to ensure that they are successful. I believe that, as reflected in the contributions from around the House, this is something that we have come together on. We are at our most effective when we agree essentially on what we want to do and then carry it forward. That has been very important, and I pay tribute to noble Lords who have helped in that process.

Grenfell Tower

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 11th June 2018 Lords Chamber

[Lord Kennedy of Southwark]

Before the Minister responds, I make clear that I am also a vice-president of the Local Government Association.

[Lord Bourne of Aberystwyth]

I am grateful to the noble Lord for refreshing our memory.

I start by thanking both the noble Lord and the noble Baroness—and the noble Lord, Lord Shipley, over a period of time—for their general support in dealing with what has been a very difficult, heart-rending situation. It has aided the consideration of some very important issues in this House, so I thank them very much.

I shall try to deal with the points made by the noble Lord and the noble Baroness in so far as I can. If I miss any—and on some points of detail—I may need to write to them, and I will of course ensure that that is copied to other noble Lords participating on the Statement, with a copy placed in the Library.

First, I thank the noble Lord and the noble Baroness for their words about the civil servant and public sector work that has been done in the community since the dreadful fire at Grenfell, and about the faith sector and the charitable sector. I was recently at a meeting in the community hall of the local mosque, where Muslim Aid was talking about the work done and the commitment of people in the faith sector and particularly mentioned the West London Synagogue. This was a general commitment from the faith sector in the area, an outpouring of support from individuals and from the third sector, which is a continuing feature of what is happening at Grenfell.

The noble Lord mentioned points in the North Kensington Law Centre report. I know of the report but I must admit that I have not studied it in detail. I will certainly do so and cover those points in response to him. He will be aware that experts will be sitting with Judge Moore-Bick on the second phase of the inquiry, which I think helps to provide the disinfectant of sunlight which we all welcome for transparency. He asked questions raised by the North Kensington Law Centre about rent in the same general terms. Of course, there is a rates, rents and utilities holiday—although holiday is not the right word. There will be no rent, rates—council tax—or utilities payable until June 2019, I think, for families who were in Grenfell Tower or Grenfell Walk. For other families, there is an abatement of those bills, although not on the same terms—to a lesser extent.

The noble Lord referred to the rehousing effort. Let me say first that every household has been offered at least one alternative. The noble Baroness mentioned somewhere without sunlight in a basement. I am extremely surprised to hear that, but I will look at that case. If she has more detail, that would be useful. I join her in paying tribute to the work done by Grenfell United. We may have been at the same occasion when Grenfell United was present, and it has done a remarkable amount, as have others from the community.

The noble Lord asked about retrofitting sprinklers. He will be aware that new blocks more than 30 metres high, I think, are having sprinklers fitted. There is a general issue about retrofit. He will know that this was not recommended by Dame Judith Hackitt: she dealt with the issue but did not recommend that. However, in addition to the £400 million support specifically for ACM cladding, if local authorities can justify it, we will certainly consider financial flexibility for them. This follows recommendations done earlier by the Lakanal inquiry about sprinklers, and that local authorities can do that independently. There is nothing to stop that happening, except perhaps the finance, but we will look at financial flexibilities if the case is made.

The noble Baroness referred to interim measures while the cladding work is being done. Of course, we are committed to all the combustible ACM cladding being removed from both social and private sector buildings. We think we have identified all the private sector buildings and are confirming whether all of them have ACM cladding. We have identified buildings that might have it and we are now seeking to ensure that. If I am wrong, I will address it in a letter, but I believe that local authorities have now come up with definitive figures on that. Interim measures will be in place while or until the cladding is removed, and this will be a matter for the local fire and rescue services to advise on and determine. It would certainly include the 24-hour presence of safety wardens, a ban on the use of car parks, and so on. We are obviously in discussions with local authorities on measures that need to be taken and, as I say, I think we have identified all the buildings. I hope that that addresses all the points raised, but if I have missed any I shall certainly address them in a letter.

Leaseholders’ Rights: High-rise Blocks

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 22nd May 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right that the position will vary according to the nature of the lease in question: it may vary enormously from one lease to another. We already have the example of Citiscape in Croydon where those responsible, the leaseholders under the lease, have had the owner of the block, Barratt, come forward and say it will bear the cost. We are hoping that that position will be replicated in other cases. We rule nothing out, but in the meantime the round tables that my right honourable friend the Secretary of State is organising provide a way forward to see how this will be received.

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

My Lords, I refer the House to my relevant interests as a vice-president of the Local Government Association. The sum of £400 million for removing potentially dangerous cladding is welcome. Can the noble Lord confirm whether this is new money or money diverted from the affordable homes programme? Have the Government completely ruled out providing any new additional funding to alleviate the problems highlighted by the noble Lord, Lord Shipley?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right and I suspect he knows the answer he is going to get. The money is out of the existing funding programme but additional money will be forthcoming in the year after: it alters the profile by delaying that additional housing by a year.

Tower Blocks: Dangerous Cladding

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 21st May 2018 Lords Chamber

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

My Lords, I join the Minister in sharing our thoughts and prayers with the victims and the families and wishing the inquiry well. I declare an interest as a vice-president of the Local Government Association. I thank the Minister for repeating the Answer to the Urgent Question asked by my right honourable friend John Healey MP in the other place.

Following the woefully inadequate response from Kensington and Chelsea Council, does the Minister accept that the Government have been slow off the mark, as illustrated only last week by the Government giving a formal direction to local authorities to ensure that they know whether high-rise blocks in their area are safe, nearly a year after the tragedy? While the £400 million announced by the Prime Minister to remove that cladding is welcome, it also comes nearly a year after the tragedy. This is not an example of the Government acting with speed.

What action are the Government taking to ensure that blocks in the private sector are also safe and have all potentially dangerous cladding removed? What action are the Government taking to ensure that tower block residents have been told the correct course of action if a fire breaks out in their block? That could be either “stay put” or “get out”, but residents need to know about the action for their area.

[Lord Bourne of Aberystwyth]

I thank the noble Lord, Lord Kennedy, very much indeed for joining in the thoughts that I am sure we all share as the inquiry gets under way and as tributes are made by the bereaved. We can fully understand the angst that that must be causing. I had the privilege of meeting some families last week and I fully understand what they must be going through.

The noble Lord referred to the £400 million announced by the Prime Minister last week, which I think is significant. Of course, that is an estimate of the full funding of the work necessary for the measures in the social sector. The noble Lord also asked what else we are doing. Of course, there are interim measures in place while the replacement of cladding is carried out. We expect that work to be very effective—for example, patrols to make sure that the building is safe while the work is carried out—so it is not as if we are not doing anything. This is a very complex area, as I know the noble Lord appreciates, and we are doing a great deal to ensure that people in high-rise blocks are safe.

The noble Lord asked, quite rightly, about the private sector. We have, along with local authorities, identified 101 private residential blocks. We have made money available to help local authorities identify the blocks that need assistance. They have the testing available in just the same way as the social sector; there is no cost attached to the testing of the ACM cladding in those situations and interim measures will apply in just the same way. As the Statement made clear, we are expecting landlords to step up, as some have done—Barratt, for example, for Citiscape in Croydon—to ensure that they are meeting the costs. As the Statement also made clear, the Secretary of State is holding round tables to look at these remediation issues with a view to ensuring that those that can bear the costs do so and those that cannot bear the costs do not. Those round tables will start this week.

East Suffolk (Local Government Changes) Order 2018

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 9th May 2018 Grand Committee

[Lord Bourne of Aberystwyth]

I do not dissent from the general point that leadership means that proposals have to come from somewhere. I am keen to make the point, and perhaps to restate the point to overstate the point, that these are locally led proposals from local leaders. Of course they are not going to come from individual residents, but the evidence we have from the consultation, which the Secretary of State will have borne in mind when looking at these proposals, was that there was strong local support for them.

I take the point that there has to be a government policy, but the Government, of whom I am proud to be a part, are keen for there to be diversity and bespoke deals. The noble Lord probably takes a different view of this, but it is not a view that the Government subscribe to. We have a broad policy of saying these things have got to be locally led. We will look at them and scrutinise them to ensure that they are locally supported and represent value and so on, but local democracy is the key point.

[Lord Kennedy of Southwark]

I take the Minister’s point. I am conscious that in other parts of England there are other places where there are differences among what councils want. Oxfordshire is an example where there are very different views about what is wanted in the future. Do I take it from what the Minister said that if councils do not want things to happen, they will not happen?

--- Later in debate ---

[Lord Bourne of Aberystwyth]

Well, for district mergers, there has to be 100% support from the councils. What I am saying is that there does not necessarily have to be 100% support from the local MPs, for example, and that has not been the case. I am sure the noble Lord will appreciate—

[Lord Kennedy of Southwark]

Excuse me, but I am conscious that, in Oxfordshire, there may well be a view that they want a unitary authority. But Oxford City Council does not want that and is very clear about it.

[Lord Bourne of Aberystwyth]

I am making the point in relation to district councils, as it is district councils we are looking at. There are other considerations in relation to unitary authorities but, in relation to district councils, there has to be unanimous support from the authorities concerned, as there was in these cases. It happens that, in these cases, they have support also from the surrounding authorities, not all of which are in Suffolk itself.

Lastly, I will turn, if I may, to the point made by the noble Baroness, who also has great experience of local government. We are looking at Suffolk, but she will understand from the point of view of Kirklees the need for that local dimension. We have the local dimension here, as demonstrated by the feelings of the people in the area. That is the point I wish to emphasise.

In both cases, it is about recognising—once again I will adopt the words of my noble friend Lord Tebbit—a move from the de facto to the de jure. In both cases, there has been close co-operation. In both cases, for understandable reasons, it is intended that branch offices will be kept open while headquarters will be, in one case, in Bury St Edmunds, and, in the other case, in Melton, on the outskirts of Woodbridge. So there will be no change in that regard, but it is moving very sensibly from the de facto to the de jure, which is what they want. With that, I commend the regulations and the orders to the Committee.

Fire Safety: Building Materials

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 1st May 2018 Lords Chamber

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

My Lords, in asking the Question standing in my name of the Order Paper, I refer the House to my relevant interests in the register.

[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 have taken advice from their expert panel on fire and safety on this report. The expert panel has advised that the report’s findings do not require changes to be made to the advice that has been given to building owners about actions that they should take. The programme to identify and make safe buildings with ACM cladding continues. The British Standards Institution has already sent the report to the relevant technical committee for review.

[Lord Kennedy of Southwark]

My Lords, the report of the Fire Protection Association, commissioned by the Association of British Insurers, highlighted that the official testing regime may have overlooked a number of real-life factors when conducting its tests on the appropriateness of the standard test for cladding materials. I hear what the Minister says, but will he look at whether there is a need to convene a committee to look at the British Standard 8414 test so we can be sure that the findings of the report have been considered carefully?

[Lord Bourne of Aberystwyth]

My Lords, I am grateful to the noble Lord. The relevant standard, BS 8414, was originally set in 2005 and has no doubt been effective. As I indicated, the report has gone to the relevant technical committee of the BSI for analysis. It will take a view on it and, if appropriate, refer it to the Government. That is the appropriate process. Of course we will take it very seriously when it gives us the report.

Combined Authorities (Borrowing) Regulations 2018

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 1st May 2018 Lords Chamber

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

My Lords, I have no issue with the regulations before the House this afternoon and I draw the attention of the House to my relevant interests as a councillor and as a vice-president of the Local Government Association.

As we have heard, these regulations in effect implement agreements between the Government and the combined authorities referred to in this order to increase their borrowing powers for various functions as listed in the Explanatory Notes. The lists of additional borrowing approvals are different, as each deal is bespoke. I know that the Government like this bespoke deal arrangement, but I am of the opinion that the jury is still out on that way of working, as one person’s bespoke deal is another person’s confused muddle, with no one knowing or being clear why one authority has certain powers and another does not.

I also noted in the consultation, as referenced in the Explanatory Notes in paragraphs 8.1 to 8.26, that there are still very small numbers of people coming forward to give their views on these consultations. It might be that the numbers compare favourably with other consultations that the department has undertaken, but, if we are to give proper weight to the views of local people—and these areas have millions of people living in them—some of the numbers are derisory. We need to look at other ways of consulting people to get their views on the proposals coming forward. Having said that, I am happy to approve the regulations tonight.

[Lord Bourne of Aberystwyth]

My Lords, I thank all noble Lords who have participated in the debate on these important borrowing powers. I welcome their participation; it is most helpful and reflects the general support we have had for the Government’s approach and the flowering of these combined authorities and mayoralties—particularly in the north and the Midlands—to seek to redress the great growth of the economy in the south and, to some extent, East Anglia. It reflects the importance that we attach to ensuring that there is strong economic development elsewhere.

First, I turn to the points made by the noble Lord, Lord Jones. I thank him for his kind words and reflect on his distinguished service over a considerable period of time in Wales and, more broadly, in the Government in Westminster. He is right that these provisions are England-only, because the department is England-only, but he is also right that exciting and important things are happening in Wales and across the border between Wales and England, around the River Dee and Chester. Also, the North Wales Growth Deal looks to links with the northern powerhouse and the Borderlands Growth Deal encompasses southern Scotland as well as Northumberland and Cumbria. Working with the devolved Administrations in Edinburgh and Cardiff is very much on our agenda. I can reassure the noble Lord that I was in Wales just last Thursday, speaking to the Labour Economy Minister, Ken Skates, to discuss the Mid-Wales Growth Deal and possible links with the LEP in the Marches.

Community Football Clubs

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 28th March 2018 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and in doing so refer the House to my relevant interests and also make clear that I am a member of the Dulwich Hamlet Supporters’ Trust.

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

Congratulations. My Lords, local authorities should assess the risks posed to sports facilities by development in their areas. We are clear in the National Planning Policy Framework that access to high-quality sports and recreation facilities is important for the health and well-being of communities. Planning policies should be based on robust assessment of what an area needs and should make it clear that facilities should be protected.

[Lord Kennedy of Southwark]

My Lords, Dulwich Hamlet is a much-loved non-league football club based in Southwark, where I grew up. It was founded in 1893, which is 125 years ago. Does the Minister agree that the present situation is tragic, with the club locked out of the ground, and that the best way forward is for all interested parties to get around the negotiating table and reach an agreement that gets Dulwich Hamlet playing football again at Champion Hill?

[Lord Bourne of Aberystwyth]

Yes. The noble Lord will be aware that my honourable friend Tracey Crouch, the Minister for Sport, in answering a debate in the other place, indicated that she was minded—indeed, determined—to find and appoint an independent mediator. I would be happy to meet with the noble Lord to discuss how we can carry this forward; I very much support what he is up to.

Housing: Right-to-Buy Sales

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 27th March 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I do not have those to hand but I am very happy to write with them to the noble Baroness and copy that to the Library. She is right that there is an issue in relation to the reselling-on of houses. She will be aware that in rural areas there are restrictions on that. Again, that will be open for discussion following the social housing Green Paper.

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

My Lords, I refer the House to my relevant interest in the register. Can the noble Lord tell the House how many social rented homes have been lost in the housing association sector by converting social rented properties to affordable rented properties? Does he agree that it is a most regrettable policy that is eroding the social rented stock at an alarming rate, with no replacement?

[Lord Bourne of Aberystwyth]

My Lords, where I agree with the noble Lord is that there is a considerable problem in addressing the shortfall. By ensuring that some of this is affordable rather than social, we are going to reach the target more easily of supplying additional homes, as the noble Lord is aware, but that is not to say that we do not have a challenge, even on the social housing front. That, again, is something that the Government are determined to address. As I say, we have the £2 billion committed to affordable and social housing in terms of money available, and we are alleviating the borrowing cap by £1 billion from 2019, which will also help.

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

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 27th March 2018 Grand Committee

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

My Lords, I refer the Grand Committee to my relevant interests as a councillor in the London Borough of Lewisham and as a vice-president of the Local Government Association. I should say at the outset that I am happy to support these regulations. As the noble Baroness, Lady Pinnock, has just said, this is a technical document and she made a valid point when she highlighted the formula. I must say that the key she is after would have belonged in the Explanatory Notes. It is strange that we have notes but no explanation of what the letters mean. It cannot be changed now, but perhaps it is something that the department should take back for the future. However, as I say, I support the regulations which are useful and will be helpful.

I hope that the Minister will be able to answer a couple of questions. We will have 10 pilot authorities. How many actually applied for this? I might be wrong, but I think that it was around 24 authorities. What is the department doing in terms of providing feedback to the unsuccessful authorities to explain why they were not selected? If I was a member of an authority which had not been selected, I would certainly like to know why that was the case. There may be all sorts of reasons, but it would be useful to know what is said to those authorities which are not to be part of the scheme.

The noble Baroness also mentioned the fair funding review. I hope that the noble Lord will be able to say a little more about that. Can he confirm whether any councils will see a reduction in their income as a consequence of the fair funding review? Will everyone get a bit more or will they all remain as they are now? It would be useful if he could respond to that.

There is also the question of the business rates appeals. I think that something like 150,000 appeals have been hanging around since 2010. We have to deal with them because at the moment the system is not working. The Valuation Office Agency needs more resources to speed up its work because it would be better for everyone if these issues were resolved as quickly as possible. Some of these appeals now go back almost eight years so they need to be sorted out. Again, I would be grateful if the noble Lord can tell us something about the position.

I am also aware of the grant error set out in a Written Ministerial Statement published on 20 March. There appears to have been an overpayment of £36 million which the Government are not going to claw back this year, but may do so in the next financial year. How did the error come about? I would like to understand what has happened because it is quite a large sum of money. Has provision been made for councils to hand the money back or will the repayment be spread over future years?

With those few points, I am happy to approve the regulations.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness, Lady Pinnock, and the noble Lord, Lord Kennedy, for their contributions and I shall try to deal with the points raised. I am flying solo at the moment so one or two caveats may be entered here and there.

On the technical issue raised by the noble Baroness and echoed by the noble Lord about the nature of some of the schedules with the figures and letters set out in them which make Einstein look rather straightforward, perhaps I may get back to them to try to explain how they work.

I shall take up the point made by the noble Baroness about Leeds City Council. I have checked the schedule where it is referred to simply as “Leeds”, but I very much take the point she made about the fierce local loyalty in Kirklees and I readily understand the point she is making.

I gently disagree with the noble Baroness on fiscal devolution. This is significant fiscal devolution. Obviously, at the end of the day there have to be adjustments, which I think we all support. Without a smoothing mechanism, so that rich authorities contribute towards poorer authorities, the system would break down as being totally unfair. I understand the point that she makes, but I think that this is significant fiscal devolution.

Both the noble Lord and the noble Baroness raised the fair funding review. In a sense, we have twin-track processes, both of which kick in in 2021. Significant work is being done on the fair funding review. I say to the noble Lord, without anticipating precisely what the review will show, which of course I cannot do, that I would be amazed if everywhere got a larger sum of money. That is not how it will work. I would have thought that some will get a lesser sum of money, while others will get more. The essence of it is that it will be fair.

The noble Lord asked how many applicants there were to be pilot authority areas. Twenty-six made an application. We have sought to explain to those authorities that were not chosen that the field was competitive, that there was a lot of interest and how we made the decisions. He then, fairly, raised the issue of appeals. He will know—we were both party to the discussion—that the check, challenge and appeal process that we are now adopting will significantly cut down the time taken for appeals. We are working alongside those that are appealing to cut down the time further. Considerable work needs to be done, but we are progressing that.

Lastly, the noble Lord, again fairly, raised the issue of Section 31 overpayments. We have taken the decision not to claw back the overpayment for the last financial year, so to that extent the authorities affected are all better off by virtue of that, but for the next financial year, 2018-19, we have decided that we are not going to overpay. Those authorities will get the correct amount of money. It is not as if we are clawing it back, as it has not been paid yet, but it will be a lesser amount than we were proposing to pay, because we got the figures wrong in the department. Mea culpa on that—lessons are being learned and there are red faces. As I say, this has resulted in a windfall for those authorities overpaid last year, but we are ensuring that this year we pay the correct amount—some £80 million less than it would have been if the error had not been spotted.

I am grateful to the noble Lord and the noble Baroness for their support. I will ensure that I respond to them on the points that I was unable to deal with, particularly the technical one about the figures and letters in the schedules. As I say, I am grateful for their support and I commend the regulations to the Committee.

Grenfell Tower

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 22nd March 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

I am grateful to the noble Lord and see the point that he is making. I think the reference in the Statement, though I do not have the relevant figure to hand, is over 300. I think it is the same 300. I think there are certainly more than enough permanent homes to house all the households, which are, I think, 204 as we stand. There are still splitting of households, which might send it up to 210. I will confirm that in the letter, if I may. I think that is the case.

I take the more general point which was made previously by the noble Lord, Lord Kennedy, about providing more clarity in the way we set out the figures. The figures are here, but perhaps not as well set out as they could be. The aim is certainly to ensure that these homes are taken up on a permanent basis. I do once again confirm that the vast majority of people have had offers made to them. We can make offers, but we cannot command people to accept them and nor have we ever sought to do so. It has generally been supported in the House that we cannot require people to accept them. Of course, we can try to ensure—this is a point that the task force made in the second report—that there is more personalised consideration of people’s particular needs and wants, and that is something that I hope we are able to pick up, so that we can match people’s needs with a particular property. But there are still people—I do not want to overstate it—who do not yet want to engage with the discussion because of the trauma associated with moving, even out of emergency accommodation where some of them are quite familiar. That may be something that we do not think is objectively desirable, but we have to be sensitive to their feelings.

[Lord Kennedy of Southwark]

My Lords, before we move on, I should have declared my interests as a vice-president of the Local Government Association and as a local councillor.

Greater Manchester Combined Authority (Amendment) Order 2018

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 20th March 2018 Grand Committee

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

My Lords, I draw to the attention of the Committee my relevant registered interests as a councillor and a vice-president of the Local Government Association.

I have read the order and the Explanatory Memorandum. As the noble Baroness, Lady Pinnock, said, the proposal that the mayor has to be on the winning side for a vote to be carried means that the mayor has a veto. I hear what my noble friend Lord Smith of Leigh says. He is a member of the combined authority, so I accept his expertise on these matters. If Manchester is happy with it, then so be it, but it is an odd way of working—it seems a bit cumbersome. As I say, if that is how it wants to work, we are fine with it. It means that, in effect, the mayor has a veto. Another way of operating would be to let the mayor take the decision.

A couple of points have come out of the debate. My noble friend Lord Smith of Leigh mentioned the Bus Services Act. I remember that, during the debates on the Bill, the Government were insistent that you had to have a mayor in order to get the bus franchising powers automatically. That was a big issue. Many of us could not understand why you had to have a mayor, but the Government were insistent. It is regrettable that, although the Act has been on the statute book for about a year, we have not moved forward on this. This is not a good place to be. Perhaps the Minister can come back to us on that, because I believe that it is important for authorities outside London to have powers to control their bus services—the fares, the routes and the timetables. Those powers exist in London, where we have a good bus service, and are very attractive to combined authorities.

My noble friend Lord Beecham referred to the differential pattern in the combined authorities. Manchester seems to have the most powers. Others are different, but can evolve over time. I believe that local government in England has a problem. It is a bit of a mess. We have all sorts of tiers of local government. Buckinghamshire is going to become two unitaries and there will also be two unitaries in Northamptonshire. I recall in one debate the noble Lord, Lord Lansley, listing the five authorities that potentially regulate where he lives in Cambridgeshire. It looks to me to be a bit of a mess now. At some point, we will have to look at what we want for local government in England outside London. This patchwork is not necessarily the right way to go.

I am happy with both parts of the order. The proposal for the remuneration of independent members seems sensible and I agree with it.

[Lord Bourne of Aberystwyth]

I thank those noble Lords who have participated in the debate on the Manchester powers. I will respond to their contributions in the order that they were made, so I turn first to the noble Baroness, Lady Pinnock. She was very much in Wars of the Roses mode as she entered the fray and she may have carried that through into thinking that the mayor and the council will always be at daggers drawn. She will know that that is generally not the reality of how councils work, so this idea of the mayor being on the winning side, as it were, is very much that he—as it is in this case; it could also be “she”—has the democratic mandate, which is likely to develop into a consensus rather than a battle between two factions. I take the point that in general it provides a check—or a balance, as I prefer to see it—rather than a cause for concern. I note in particular what the noble Lord, Lord Smith of Leigh, said in that regard. I thank the noble Baroness for her general support for the police precept point and the allowances point.

Picking up on points made by the noble Lord, Lord Beecham, I will go away and look at whether it would be helpful to have a more generalised provision for allowances. I suspect the answer is possibly not, because as has just been said by the noble Lord, Lord Kennedy, all of these deals are somewhat different. They are bespoke deals. They may not be visually or aesthetically pleasing but the question is whether they are appropriate for and work for the given area. I am not sure that, in the end, the provision would be that helpful. I am pleased to see that that seems to be the correct answer. It was not a punt—I thought it was the correct answer, but I am gratified that it indeed appears to be the case.

Moving on, I thank the noble Lord, Lord Smith of Leigh, for his general support for funds that were given in relation to the housing deal. This is part of an ongoing process. If I could pick up on the point made by various noble Lords on the bus position, I will investigate it further but the Bus Services Act provides the powers for bus franchising. That is absolutely right. It is intended that we will have a further order consolidating Greater Manchester transport powers. Believe me, a string of these things is coming through. Of course, they are extremely important.

In relation to the points made by noble Lords on allowances, the legislation prevents their being retrospective. Obviously, we want the relevant combined authorities and their independent remuneration panels to be able to act on this as quickly as possible so that they can get this right. I should say that when the independent remuneration panel makes its recommendations, the council cannot go above those recommendations. It can go below but not above, so there is a very sensible check there.

With that, I will write further on the points that have been made, particularly on buses. I thank noble Lords for their general support for a very sensible move forward for the Greater Manchester area. I wish it and the noble Lord, Lord Smith of Leigh—as a member of that authority—all the best in moving things forward.

Insolvency of Registered Providers of Social Housing Regulations 2018

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 20th March 2018 Grand Committee

[Lord Kennedy of Southwark]

I must say that this is much easier to read than those forms you get, so maybe at some point they should look at how impact assessments are presented to Members.

[Lord Bourne of Aberystwyth]

I agree with the noble Lord; that is a fair point. I certainly found it easier to follow than some. I thank the noble Lord for his help on that point and others, and I thank noble Lords for their general support.

Housing: Holiday Lets

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 7th March 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness for a reminder that I did not really need: namely, that she has asked this Question over a period of time. If she reviews the Answers that she has had, she will see that they go into considerable detail. Suffice it to say that significant progress has been made. The noble Baroness would probably do well to discuss her circumstances with the Short Term Accommodation Association, as I have suggested previously. However, Airbnb physically cannot let a property for more than 90 days in a year; it has a system designed to stop that. I think that goes some considerable way to addressing this, but I would be happy to direct the noble Baroness to meet people at the Short Term Accommodation Association who are responsible for this significant progress.

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

My Lords, I refer the House to my relevant interests in the register. The noble Baroness, Lady Gardner of Parkes, has raised this issue many times and deserves great credit for her persistence. Can the noble Lord say what work he and his department have done to make sure that holiday lets are not used by landlords to get round their legal obligations?

[Lord Bourne of Aberystwyth]

My Lords, I certainly can. I have spent a considerable time speaking to the Short Term Accommodation Association, which makes up the bulk of the people in this market, and in particular Airbnb. It proposes a data-sharing protocol with Westminster council to enable the sharing of data. The basic problem at present is that different suppliers cannot share the data one to another—so Airbnb can take care of a particular problem relating to it but cannot share the data with other providers. Airbnb is by far the largest provider, but there are many others. To enable providers to share data, they need a trigger from the local authority—any local authority that has a concern—so they can then share the data. This would take care of the problem. I will send a letter to the noble Lord on the progress being made, copy it to all noble Lords participating in the debate, and leave a copy in the Library. However, I invite my noble friend to speak to the Short Term Accommodation Association, as I know that she has particular concerns about her properties.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Report stage (Hansard): House of Lords
Tuesday 6th March 2018 Lords Chamber

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

My Lords, as this is my first contribution to the proceedings on the Bill today, I draw the attention of the House to my interests listed in the register—in particular, the fact that I am a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

Amendments 1 to 4, proposed by the noble Lord, Lord Bourne of Aberystwyth, and supported by my noble friend Lady Lister of Burtersett and the noble Baroness, Lady Hamwee, have my full support. The amendments in themselves might look quite small but they provide a clarity that is needed following examination of the Bill by noble Lords. A number of conversations have been held outside the Chamber to get the wording right.

I thank the noble Lord, Lord Bourne, for the clarification at the start of his contribution and for the information that he has provided to the House today. Generally, his remarks are very welcome and I thank him for them. I also thank him for his personal support in getting the Bill on to the statute book to correct an error in the Housing and Planning Act 2016. As I have said before, it is not a good piece of legislation—I think it is an example of “act in haste and repent at leisure”. There have been one or two other problems with that legislation, as the noble Lord knows. I am very happy to support these amendments.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baronesses, Lady Lister and Lady Hamwee, and the noble Lord, Lord Kennedy, and will pick up on just a couple of points. I agree very much with the noble Baroness, Lady Lister, about the key point being to remove the notion of risk. Through her and through this contribution, I thank Women’s Aid for the positive engagement that we have had with it. As an organisation, it is exemplary in many ways and I thank them. I accept, and not grudgingly, the need for good, specialised training—that is central to this.

I thank the noble Baroness, Lady Hamwee, for generously adding her name to this amendment and for her positive contributions during the course of the Bill. I agree that, once again, working together, not just outside the House but within it, has engaged many people on the importance of tackling this issue and has been central to the passage of the Bill.

I thank the noble Lord, Lord Kennedy, for his characteristic generosity and his full support as we have taken the Bill through the House. It is very helpful to be able to engage with an opponent who is certainly not a political enemy—far from it—and who wants to engage positively. That has certainly helped with this Bill.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, Amendment 5, proposed by my noble friend Lady Lister of Burtersett, is one that I fully support. She must be congratulated on pursuing this issue. As we have heard, the amendment puts into the Bill provisions to ensure that the protections set out in it apply to a victim of domestic violence who is living in a secure joint tenancy and stays in their home when the perpetrator leaves or is removed, as well as to victims who leave their homes.

This anomaly was first raised by my noble friend during the Second Reading debate on the Bill and she deserves much credit for persuading the Government that there was a real issue here and getting them to accept the amendment, as indeed the noble Lord, Lord Bourne, has done. He has shown himself to be prepared to listen carefully and look at the very real issues raised by my noble friend. I join others in paying tribute to the important work being done by Women’s Aid and I think that we all recognise the great job it does. Representatives of Women’s Aid have also engaged very positively with me during the passage of the Bill and I thank them for that.

I will not detain the House any further other than to say that I am very pleased that this amendment is going to be agreed shortly.

[Lord Bourne of Aberystwyth]

My Lords, as is indicated by my name being on the amendment, the Government are more than happy to accept it and the related amendments. The noble Baroness, Lady Lister, and I have worked together on them and therefore I have put my name down in support of them. As others have done, I pay tribute to her for working openly, determinedly and always pleasantly with me and my officials to ensure that these amendments are fit for purpose and improve the Bill. I also thank other noble Lords for their positive engagement.

The Government’s aim in bringing forward the Bill was to address a narrow but important issue; specifically, to remove an impediment that could prevent the victims of domestic abuse from leaving their abusive situation for fear that they might lose their security of tenure if they moved to another social home—an issue that was brought to the attention of the House by the noble Baroness, Lady Lister. We recognise that there is a strong case for extending the same level of protection to those lifetime tenants who have suffered domestic abuse but wish to remain in their home after the perpetrator has left or, having taken temporary refuge elsewhere, wish to return to their home once the perpetrator has been removed. These amendments will ensure that where local authorities offer a new tenancy to a lifetime tenant in their own home, this must be for a further lifetime tenancy where the tenant is a victim of domestic abuse.

The amendments have been drawn widely. They will protect victims of domestic abuse where the perpetrator has moved out of the property and either tenant has terminated the joint tenancy. They will also cover the situation where the landlord has sought a court order to terminate the tenancy after the victim has fled but agrees that the victim can move back into the property once the perpetrator has been evicted. The new provision applies to those who had a joint tenancy, rather than to existing joint tenants—that is to say, it requires that the previous tenancy must have come to an end before a new tenancy can be granted. I agree that this is the right approach as it will obviate the risk that there could be two concurrent tenancies of the same property. These amendments, together with Amendments 1 to 4, which we have just addressed, will ensure that the Bill covers the circumstances in which a victim of domestic abuse who has or had a lifetime tenancy seeks a new tenancy as a consequence of that abuse.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, for bringing this amendment forward and the noble Baroness, Lady Hamwee, for her contribution on Amendment 6, which deals with the subject of GP letters. In fact, noble Lords will appreciate that the amendment is drawn much more widely—it refers, I think, to other professionals as well. I am sure that the noble Lord did this quite deliberately; it would apply, for example, to solicitors’ letters and accountants’ letters as well, where there are obviously rather different considerations, because we have a more direct route in relation to GPs’ contracts.

As I said previously and I am very happy to repeat, the noble Lord is quite right to say that the wording is far from ideal; that is absolutely right. I accept the point that the noble Baroness has just made, and was made by the noble Lord as well, about the data. It is hard to know without seeing doctors’ notes: sometimes it may cover the case very well, sometimes it may not. I also take the noble Baroness’s point that doctors may be reluctant to commit to writing something relating to domestic abuse, but I suppose that that could also apply in relation to the letter itself. It is certainly a consideration, I accept that. The early sounding I had when I raised this matter with the Department of Health was that it has the same view that we do. It considers that this issue needs looking at. I have not yet had a detailed response to the points I made but I am very happy to share the general thrust of that as soon as I do, because this is a very reasonable point and one that I am sure the vast majority of GPs would go along with.

On the basis that I undertake to update the House on the discussions that we are having with the Department of Health—recognising, as the noble Lord indicated, that it is the lead department on this—I ask the noble Lord to withdraw his amendment.

[Lord Kennedy of Southwark]

I thank the noble Lord for that response. I am happy to withdraw the amendment—I am not going to push it to a vote today—but this is a really important issue. I accept that the Minister’s department is not responsible, but it is just wrong. It is a minority, although a pretty large one, who will charge for these letters. It is unacceptable that that happens in today’s world.

The issue about the medical records—what is the point of a medical record? Is it being able to use it for other things or is it accurately recording the treatment that has been given? I do not think it is as simple as the record itself will necessarily be helpful enough. People may be reluctant to do that anyway. I do not know what the Department of Health intends to do.

I am happy to withdraw the amendment today but I am certainly going to keep raising this issue. If I get a Question later in the week I will raise it then. We have to get this changed. I accept that that involves the GP contract. At this stage, I am happy to withdraw the amendment.

Grenfell Tower

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 27th February 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord very much indeed, both for his involvement in the Lord Speaker’s schools outreach programme—which is very valuable and in which I know many Peers are involved—and through the noble Lord I thank Conner Pollitt very much for his interest. Obviously, the Grenfell disaster affected everyone in the country. It is of note that somebody who is that far away and has not visited London has shown that interest— along with the school, the Wellacre Academy. If the noble Lord would care to speak to me separately, perhaps we can organise a visit from Conner Pollitt to see the work of the House of Lords and of the department.

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

My Lords, I refer the House to my relevant interests as outlined in the register. It is more than eight months since the fire at Grenfell Tower, and to say that the local authority has been slow off the mark is an understatement. The noble Lord told the House before Christmas that the local authority was completing the purchase of a number of properties for the victims who lost their homes in the fire. Has that process been completed and when does he expect all the families to be finally rehoused, which will be one major step towards rebuilding their lives?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord rightly raises the issue of the rehousing of the households affected by the fire in Grenfell Tower and Grenfell Walk. There are now 209 households, because some of the households split and we have honoured that: some wanted to become more than one household. Of those 209, 175 have now accepted offers of temporary or permanent accommodation and 123 of those have moved in. I think that means that 89 households have yet to be relocated. Progress, in short, is being made. It is sometimes slow, but we bear in mind that sometimes people will make a decision about a property, perhaps close to where the fire was, and then change their mind—there have been instances of that happening. We are now reaching the end game, as it were, and are putting pressure on the local authority to ensure that people are made aware of the choices available. There are enough properties, but not always in the right place—but work is going on and progress is being made.

Private Rented Housing: Electrical Safety Checks

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 26th February 2018 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I refer the House to my relevant interests in the register.

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

My Lords, an independent working group has recommended legislating for mandatory electrical installation checks in private rented sector homes, and that other safety measures be encouraged as good practice, as set out in guidance. We must test wider opinion on the recommendations, to give stakeholders the opportunity to submit their views. That is why we have published a consultation on 17 February, to ensure that any regulation introduced is appropriate.

[Lord Kennedy of Southwark]

My Lords, the Housing and Planning Act 2016 received Royal Assent on 12 May 2016. The Private Rented Sector Electrical Safety Working Group reported last year, recommending electrical safety checks. Now we have a government consultation which closes in April, with a government response to follow but with no date given. That is two years. Instituting these checks will save lives. Can the noble Lord give me an assurance about when we can expect some action from the Government? Will I have to ask this Question again this time next year?

[Lord Bourne of Aberystwyth]

My Lords, I hope not. It is important that some of the recommendations which are left open are checked. For example, should it be a five-year, four-year or six-year period? These are important questions that people should be able to give their views on. In addition, some of the recommendations from the working party say it should be left to a volunteer approach. We need to test that more widely to see whether that is the appropriate way forward. That is why we are taking our time. I can understand the noble Lord’s impatience, but it is important that we get this right.

Local Neighbourhood Services

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 21st February 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I shall take just a couple of examples from the rather dismal litany of the noble Lord. On libraries, I shall take the example of Worcestershire, where a very innovative way of running libraries as community hubs is being perfected. That is true also of Greenwich; it is not just Conservative local authorities that are doing that. The noble Lord mentioned potholes. We announced a pothole fund of £296 million in 2016.

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

My Lords, I refer the House to my relevant interests in the register. What work has the department done to look at the effect of cuts to funding for environmental health on the ability of local authorities to ensure that homes are safe, warm and dry and therefore fit for human habitation?

[Lord Bourne of Aberystwyth]

My Lords, environmental health is clearly an area of concern. It is a matter for local priorities. We keep this very much under review and we are very well satisfied. If the noble Lord wants to write about particular examples, I am happy to look at them. As far as I can see, having looked at this, it is an area that is being very well delivered by most local authorities.

Grenfell Tower: Insulation Materials

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 5th February 2018 Lords Chamber

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

My Lords, I thank the Minister for repeating the answer to the Urgent Question given in another place. I remind the House of my declarations of interest as a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

The answer is disappointing and highlights for me that the testing system is in chaos. More than seven months on from the disaster at Grenfell Tower, only three of the 300 tower blocks have had their unsafe cladding replaced, leaving thousands of people living in homes that are not safe. How many residents are living in tower blocks with insulation that now has invalid approval? What action are the Government taking to ensure that any other similar tests are also not flawed?

Some in the industry now suggest that the government-commissioned cladding tests used different standards from those in official guidance, with cavity barriers three times as fire resistant. Can the Minister confirm today that that is the case? What does he say to insurers or landlords who say that the Government’s tests are not sufficient to show that they breach building regulations so they will pay no removal and replacement costs for leaseholders, leaving them liable to foot the bill?

[Lord Bourne of Aberystwyth]

My Lords, the test system is not in chaos. I made it quite clear that the Celotex issue does not have a bearing on the advice that we have given in relation to the Grenfell testing. The system tests were designed in line with the British Standard and were scrutinised and witnessed by independent observers. This is a discrepancy between what Celotex thought it had submitted and what was actually tested; it was not a reflection on the testing itself. Meanwhile, officials are working with the manufacturer on what has happened, and we will look to learn lessons from this. I will write to noble Lords to give more details of that as they become apparent, but I want to underline that this is no reflection at all on the testing system, or on what has happened in relation to Grenfell.

Rough Sleeping

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 1st February 2018 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so I refer the House to my relevant registered interests as a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

[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 providing over £1 billion of funding to combat homelessness and rough sleeping, implementing the Homelessness Reduction Act and piloting a housing-first approach for rough sleepers with complex needs. We are committed to halving rough sleeping by 2022 and eliminating it altogether by 2027. To achieve this, we have established a task force to drive forward a cross-government strategy. It will be supported by a panel of experts, who met for the first time this morning.

[Lord Kennedy of Southwark]

My Lords, these are shocking figures, and come less than a month on from when I asked the noble Lord in this House about the number of families who were homeless over the Christmas period. Rather than our usual debates on these matters, could the noble Lord tell the House what discussions have taken place with ministerial colleagues in the department and whether other departments have been spoken to, as homelessness can be solved only with cross-departmental working and seeking to address the root causes and avoid the problems of working in silos? The tragedy of homelessness needs to be addressed, but actions in the noble Lord’s department have been undermined—for example, by housing benefit cuts delivered by the DWP.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is absolutely right about the need to avoid silo thinking, which is why the homelessness task force, which will meet shortly, is a cross-government approach. He will appreciate that we announced that recently. As I say, the advisory committee is meeting for the first time this morning and includes representatives of Crisis and Shelter, such as Polly Neate, and mayors such as Andy Burnham and Andy Street. That, too, will be vitally important. This is a complex problem. The figures in the noble Lord’s own Borough of Lewisham, for example, have gone up 30% over the last period, according to the most recent statistics we have, but other boroughs are doing a good job, such as Cambridge, which is Labour-controlled, and Staffordshire, which is Conservative-controlled. So the housing-first approach that they are adopting is a very good one.

Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2018

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 1st February 2018 Lords Chamber

[Lord Kennedy of Southwark]

I accept that inflation is low, which is good news for everybody, but I made that point because these charges are potentially very small. I think the cost of a parking ticket in London is about £120, just for parking in the wrong place. This provides for a £500 fine for a corporation that may, recklessly or knowingly, put in a submission and benefit by many thousands of pounds. I am glad that the Minister will look at it again; that is needed because that level is totally inadequate.

[Lord Bourne of Aberystwyth]

My Lords, I undertook to keep it under review rather than to look at it again, which is perhaps slightly different, but I thank the noble Lord for his intervention. The point is well made: parking meters are making a lot more money than a lot of individuals on an hourly or daily basis. We are aware of that.

If I may come back to the noble Baroness, Lady Pinnock, I missed the point she raised about the business rate revaluation. As she will know, at Budget 2017 the Government committed to increase the frequency of revaluation to every five years from the next revaluation, which is due in 2022. However, I understand her point.

Perhaps I could also mention at this juncture that we are looking to local authorities, which have the funds because we have made them available, to ensure that they pay out to public houses, where appropriate, and to businesses that secure a revaluation the money that is rightly theirs. I encourage local authorities to do that. The Government have got the money out of the door and are really looking to local authorities to ensure that they carry that forward.

I think I have dealt with the point about the backlog raised by the noble Lord, Lord Beecham. He also quite rightly made a point about the low penalty, which I have picked up, but if I have missed any points I will write to noble Lords. There were some particularly valid points from the noble Earl, Lord Lytton. I thank him for declaring his interest but that also means he is very expert in this field, which I am happy to acknowledge. With that, I commend these regulations to the House.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 1st sitting (Hansard): House of Lords
Wednesday 24th January 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on Amendment 2. I will try to deal with the various points that have, understandably, been raised on this. The amendment aims to ensure that the requirement to offer a lifetime tenancy would apply where the victim of domestic abuse applies to be rehoused in another local authority district.

Before I come on to that specific issue, I will deal with the housing association point that was made. I agree with the summary of where we are at the moment that was provided by the noble Lord, Lord Shipley, and I take the point he made about the gap. My noble friend Lord Porter also addressed this issue and asked me—kindly exaggerating my powers and talking them up—to come up with a form of words on housing associations. We covered this point to some extent at Second Reading, when I said that housing associations are of course now bodies that we cannot give directions to without compromising the position of being off balance sheet and that therefore the legislation has been designed with that very much in mind. That said, of course the Government are totally sympathetic to that position. If I may, I would like to come back on Report and say something in relation to this issue, but I do not want to hold out the hope of being able to do anything other than possibly indicating what we think is a morally defensible position.

I move on to the very specific and fair point made by the noble Baroness, Lady Lister, in relation to the legislation. My background is as a lawyer and I think I can say without fear of contradiction that this drafting provides for moving from, for example, Luton to Leicester. That is very much the intention and the reality of this legislation. We recognise that in many, although not all, cases that is exactly what somebody will seek to do—they will not want to remain in their local authority area because of the nature of the domestic abuse and the possibility of the perpetrator being in that area, there being difficult memories and so on. Therefore, this proposed provision is totally unnecessary —I will not say ineffective—because that is what the legislation provides for. I want to nail that down and, on that basis, I ask the noble Lord, Lord Kennedy, to withdraw his amendment.

[Lord Kennedy of Southwark]

I thank the noble Lord for that explanation, which I will certainly read with interest after the debate. With that, I am very happy to withdraw the amendment.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, Amendment 4, moved by my noble friend Lady Lister of Burtersett and supported by me and the noble Baroness, Lady Hamwee, puts a requirement in the Bill for the Secretary of State to issue guidance to local authorities on the implementation of the policy. As with the previous amendment, it seeks to get some consistency into the process by providing guidance on identifying, recognising and supporting the survivors. The guidance must also address the issue of training because there can be an inconsistency of approaches between local authorities.

During the debate at Second Reading, I spoke about my visit to the domestic violence unit at Greenwich police station. I was really impressed by the work that the officers were doing, but also horrified by some of the terrible things I learned that people can do to others. What I found out was really horrific. The abuse can take many forms. It can be physical, sexual, emotional, financial, controlling, or coercive. The housing officers dealing with the victims have to have the knowledge and expertise to recognise the abuse and then be able to respond effectively to it. This is too important and too serious to leave without proper training for the housing officers who will be assessing each case. The point of the amendment about consultation is again very important. We have to get this right. I certainly fully support the amendment. I look forward to the noble Lord’s response.

[Lord Bourne of Aberystwyth]

I thank the noble Baroness, Lady Lister, and other noble Lords who have participated in the debate on this amendment, which relates to evidence and training. I understand what has motivated the amendment. I will deal with where we are at the moment and then what I propose to do in relation to it.

Local authorities are used to making decisions when people apply for social housing that require them to identify whether the applicant has been a victim of domestic abuse. While the Bill includes important protections for victims, it does not require local authorities to make decisions relating to domestic abuse which may be qualitatively different from those they already make. We have ensured that the definition of domestic abuse in the Bill is on very similar lines to the definition in the Homelessness Reduction Act 2017. This should help to ensure a consistent approach by local authorities. I appreciate that this is not the main point that has been made on consistency, but there is an issue here that it is important to address.

As the noble Baroness set out, the current 2014 statutory homelessness guidance recognises that local authorities may wish to seek information from a range of sources, including friends and relatives, social services and the police, but it also recognises that corroborative evidence of actual or threatened violence may not be available. That is a point that the noble Lord, Lord Elystan-Morgan, made—I was going to call him my noble friend; he is my friend, but not my noble friend—that corroborative evidence will often not be available, for example, because there were no adult witnesses and maybe because the applicant was too frightened or ashamed to report incidents to family, friends or the police. These are issues that I recognise do exist.

As the noble Baroness again pointed out, we have had a consultation on an updated homelessness code of guidance. It finished on 11 December last year. It will cover the Homelessness Reduction Act duties, integrate separate documents published since 2006, and update and streamline guidance on existing law. The consultative draft provides extensive advice to help local authorities handle cases that involve domestic abuse, including on what sort of corroborative evidence might be appropriate. This final code of guidance will be published in spring this year. I will of course ensure that noble Lords who participated in the debate receive a copy of it as it is made available.

In addition, I was very grateful to the noble Baroness, Lady Lister, for drawing my attention and that of the House to the domestic violence gateway for legal aid during Second Reading and for forwarding me a document prepared by Women’s Aid on evidence requirements regarding victims of domestic abuse, which I consider very helpful. In addition to the consultation and the evidence brought forward on the responses to it, I am ensuring that we consider the documents supplied by Women’s Aid with the other responses. I will be taking a close personal interest in the development of the code, as will the Minister in the Commons, my honourable friend Heather Wheeler, who is responsible for policy in this area.

The consultative draft of the homelessness code of guidance also advises local authorities about the need to have appropriate policies and training in place to identify and respond to domestic abuse. It advises that specialist training for staff and managers on domestic abuse will help them to provide a more sensitive response and to identify, with applicants, housing options that are safe and appropriate to their needs. In addition, the Government already provide funding to the National Homelessness Advisory Service to provide training on homelessness. This includes training specifically on domestic abuse.

We have provided funding to the National Practitioner Support Service to provide domestic abuse awareness training for front-line housing staff in local authorities in 2016, resulting in the training of 232 front-line housing staff across nine English regions. I recognise the point made, inter alia, by the noble Lord, Lord Shipley, about the need for consistency in ensuring that we have a national approach. I will ensure that that is fed in to the consultation.

In addition, a number of local authorities used funding from our 2016-18 £20 million fund for specialist accommodation-based support and service reform to meet the priorities for domestic abuse services to provide training programmes for their front-line staff. Much of the training is collaborative.

I do not believe that it is necessary to issue formal guidance to local authorities to support them to implement the Bill, but, as I have said, I accept the point about the need for consistency in training and will want to see that reflected in the guidance. It would not be helpful for local housing authorities to have different pieces of guidance on domestic abuse; we need to bring them together, as we are doing in this case.

With the undertaking to ensure that the Women’s Aid document is considered in relation to the guidance—I will also ensure that our debate in Committee is available as a further document in relation to the guidance— I respectfully ask the noble Baroness to withdraw the amendment. Although very good points have been made in relation to it, I remind noble Lords that this legislation has a laser-like focus on specific issues. Nevertheless, the department finds input on this very valuable and I will ensure that it is carried forward in relation to development of the code.

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[Lord Kennedy of Southwark]

My Lords, the noble Baroness, Lady Burt of Solihull, moved Amendment 5, on which she makes a very powerful case. The Government need to address this issue. As noble Lords have heard, it would be totally unfair for a victim to be penalised by the bedroom tax due to either the perpetrator having left the property they live in now or the victim having moved somewhere else and finding themselves with one bedroom over the threshold for the tax. That needs to be looked at. It would be wrong if people ended up with additional costs because they are the victim of a crime. As the noble Baroness said, this issue affects very few people, and the Government should address it. I hope the noble Lord will look at it or come back to it on Report.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness, Lady Burt, for raising this issue.

We would expect local authorities, when offering a tenancy under this Bill, to ensure that, wherever possible, this does not result in the tenant underoccupying the property. Let me make that very clear first of all—I am grateful for the opportunity to do so—that it would not be in the interest of either the tenant or the landlord. Not only would the tenant be subject to the housing benefit adjustment, whose object is to remove the spare room subsidy, but it would also not be the best use of scarce social housing.

Our 2012 statutory allocations guidance clearly recognises that local authorities, when framing the rules that determine the size of property to allocate to different households and in different circumstances, will want to take account of the removal of the spare room subsidy. However, I recognise that there may be some rare cases—it has been indicated that such cases are rare—where, for whatever reason, the local authority allocates a property that has more bedrooms than the tenant needs. In such cases, which, as I say, I would expect to be very few, it would be open to the tenant to apply for a discretionary housing payment to cover any shortfall.

In 2016, the Supreme Court dismissed a challenge to the removal of the spare room subsidy brought by a victim of domestic abuse on the grounds that it amounted to unlawful sex discrimination. That case involved a victim who was being provided with protection under a sanctuary scheme. In that case, the Supreme Court upheld the Government’s policy, which is not to deal with personal circumstances unrelated to the size of the property by the inclusion of general exemptions in the regulations but rather to take account of a person’s individual circumstances separately through the process for discretionary housing payments. The noble Baroness referred to some instances of which she is aware. I would be grateful to have a look at them just to make sure that everything has been done appropriately in those cases.

Since 2011, the Government have provided £900 million to local authorities in funding for discretionary housing payments to support vulnerable claimants, including victims of domestic abuse. There are no plans to withdraw funding for discretionary housing payments; funding for 2018 to 2021 was set out in the Summer Budget 2015. Funding for next year, 2018-19, will be £153 million for England and Wales.

The removal of the spare room subsidy was introduced to bring parity in treatment between the social and private rented sectors, encourage mobility, strengthen work incentives and make better use of available social housing. The rules on the removal of the spare room subsidy already include an exception for victims of domestic abuse in refuges. We do not intend to provide for any further exceptions, but I would be grateful to look at the cases to which the noble Baroness, Lady Burt, referred, to ensure that correct process has been followed.

That said, I have been asked to ensure that this issue is put in the general domestic violence pot, as was referred to, and I am very happy to give that undertaking. I appreciate that there may be a small minority of cases that deserve particular attention, and it is for that reason that I want to look at those cases and pass on any information to the Department for Work and Pensions, which leads on this issue, as the noble Baroness on the Front Bench and the noble Baroness, Lady Lister, will know.

With that, I am grateful to the noble Baroness for bringing this issue forward. We want to ensure that vulnerable people are not taken advantage of in this regard and that local authorities are doing what they should be doing in relation to the allocation of housing stock. I would therefore be grateful for that further evidence. I respectfully ask the noble Baroness to withdraw the amendment.

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[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, for tabling this amendment and the noble Lord, Lord Shipley, for his contribution.

I am sympathetic to the intention behind Amendment 6; I agree that it is important to monitor the impact of the Bill. However, I do not believe it is necessary to use the Bill to impose an additional duty on local authorities to collect information, or on the ministry to report to Parliament on the information collected. Information on all social housing lettings is collected through the continuous recording system known as CORE and is published annually by the ministry. I believe the data collected through CORE is sufficient to allow the ministry to monitor the impact of the Bill. This is because CORE collects information on the nature of the landlord, the type of tenancy granted, whether the letting is made to a new or existing tenant and the main reason reported by the tenant for leaving their last settled home, including whether this was in relation to domestic abuse.

As I say, while I understand the intention behind the amendment, I cannot support it. To impose a further statutory requirement on local authorities to collect information that is already being provided through CORE would be burdensome, unnecessary and indeed costly. On this basis, I hope the noble Lord agrees to withdraw the amendment.

[Lord Kennedy of Southwark]

I am happy to withdraw the amendment. I was pleased when I heard from the Minister about the system that we have for recording information. Maybe between now and Report he could see what is actually recorded. It may be that what we need is already there, as he said, but the system might need a tweak to give us absolutely everything. Still, I was very pleased to hear his response, and at this stage I am happy to beg leave to withdraw the amendment.

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[Lord Kennedy of Southwark]

My Lords, Amendment 7 would insert a new clause requiring the Secretary of State to publish a review into future co-operation between local authorities in each part of the UK. This is another issue that I raised at Second Reading. As I explained, people move around the UK for a variety of reasons, and if a victim wants to move back to a place where they previously lived or where they grew up, to be nearer to family and friends or to have the additional support that they need to get their life back on track, that is something we should all support. As drafted, the Bill applies only to England, but someone could want to move from Birmingham to Belfast or from Coventry to Glasgow, or indeed any number of permutations around the UK.

The Minister recently sent out a very helpful letter setting out the current position, and it would be useful for the record if he set it out in the House today. For me, this is again about ensuring that the victims of this appalling crime are given every help and assistance, and that unnecessary impediments or barriers are not put in people’s way as they go about the process of rebuilding their lives. I hope the Minister can give us that information today. I beg to move.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, for moving this amendment; I understand what lies behind it and recognise its benign intention. He will understand that we as a Parliament are not in a position to pass legislation on housing policy in the devolved Administrations. I want to ensure that that is on the record. That said, I agree absolutely that increased co-operation between England and the devolved Administrations on the issue of victims of domestic abuse who need or want to move from one country to another is something that we should consider within the United Kingdom framework. Indeed, there are many other issues when collaboration across the devolved Administrations is desirable.

It is my intention to raise this at the ministry’s devolved Administration round table, which I am due to attend in Cardiff on 19 April. I set up the forum of devolved Administrations with colleagues when I arrived in the ministry some 18 months ago, understanding from my background in Wales how important this collaboration is.

As part of the review, Amendment 7 would require the Government to consider how the Bill’s provisions could be extended to Wales, Scotland, and Northern Ireland, so that any victim of abuse could apply for a lifetime tenancy in another part of the United Kingdom. As noble Lords will understand, there are devolved sensitivities, which I fully understand myself, which means that we do not want to approach the issue in that way. It must be approached, quite correctly, through collaboration. I am sure that there will be a positive response to that, as there has been at other devolved Administrations when we talked about co-operation, for example, relatively recently on Roma/Gypsy/Traveller issues, and others. So I am sure that this will push at an open door.

When a person flees domestic abuse to England from another part of the United Kingdom, the housing authority could not refer them back to where the abuse took place or where they would be at risk of violence or abuse. The housing authority must ensure that the applicant would not be at such a risk. They would then be housed in temporary accommodation or a refuge, and placed on the local authority housing waiting list with appropriate priority. If the person has “priority need”—they will have if they are vulnerable due to having left accommodation because of domestic abuse, or have children in their care—they will be assisted under the homelessness legislation. This means they will be provided with temporary accommodation by the local authority until a settled home is available. Households that are owed the main homelessness duty have reasonable preference—that is, priority—for social housing.

The purpose of the Bill is to remove an impediment that might prevent someone who suffers domestic abuse leaving their abusive situation in England, when the provisions under the Housing and Planning Act 2016 come into force. That Act applies to England only. The current situation for a victim of abuse in another part of the United Kingdom—in Scotland, for example—is that they will not have an impediment to flee their situation for fear of losing their lifetime tenancy, as another council within Scotland will grant them a lifetime tenancy when they are rehoused. The commencement of the Housing and Planning Act does not change this, of course.

As noble Lords are aware, housing is a devolved matter. I do not think that it would be appropriate to include a duty in the Bill, which applies to England only, to consider the potential for amending legislation in other parts of the UK. Indeed, it would be inappropriate. That said, I appreciate that there will be cases where co-operation and collaboration would be the order of the day to deal with difficult cases where people are moving from one nation of the United Kingdom to another. It is with that in mind that I want to raise this at the next devolved forum, which as I said will take place in Cardiff in April. I will certainly ensure that a reply goes out to noble Lords who have participated in the debate, and that a copy of such a letter is placed in the Library to indicate how we see the way forward. I will ensure that that is done, and with that I respectfully ask the noble Lord, Lord Kennedy, to withdraw his amendment.

[Lord Kennedy of Southwark]

I thank the Minister for his helpful response. We tabled the amendment because of the risk of anomalies; if someone wanted to go back to Glasgow or Belfast, having lived in London, they might find themselves in difficulties. I would hope that that would not be the case, but I am conscious that this is English legislation and people move around the whole of the United Kingdom. I would not want anyone to have any difficulties with going back to another nation.

I am pleased that the Minister is going to raise the issue at the devolved forum in April, but perhaps he could write before then, because that is still three months away. This is an important issue, and it would be good if everyone was clear on that co-operation and collaboration. Equally, it works the other way as well. It is important that everything is done right. I accept entirely that it is not our place to legislate for matters that are devolved, but co-operation and collaboration are the order of the day here. Having said that, I am very grateful for the Minister’s response and beg leave to withdraw the amendment.

Homelessness

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 9th January 2018 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, I draw the House’s attention to my relevant interests—namely, as a councillor and as a vice-president of the Local Government Association.

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

My Lords, based on the latest statistics available, in September 2017 79,190 households were living in temporary accommodation, and in January 2017 there were 4,134 rough sleepers.

[Lord Kennedy of Southwark]

My Lords, according to work undertaken by Shelter, approximately 120,000 children woke up on Christmas Day in B&Bs, hostels or other forms of temporary accommodation in England. Does the noble Lord agree that this figure shames our nation, and can he tell the House what work he and his department will do in the next 12 months to bring this figure down dramatically?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord’s figure is correct. This is from a high of 130,000 in 2006, when the homelessness level was at its highest. It is too high—there is no doubt about that—as has been clearly stated from all sides of the House. What are we doing? We are certainly committing £1 billion to tackle homelessness up to 2020, and that includes rough sleeping. As the noble Lord will have seen, we have made this a top priority. Although cosmetic in a sense, the change in the name of the department, which now features housing as clearly the most important thing that we are seeking to tackle as a Government, is important because it indicates the priority that we give to homelessness, and the £1 billion will help to bring those figures down.

Secure Tenancies (Victims of Domestic Abuse) Bill [HL]

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

2nd reading (Hansard): House of Lords
Tuesday 9th January 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord makes a powerful case that I accept. As I have said, I want to see how much this provision is taken up, how effective it has been over the years and the number of cases where perhaps it might have been used but has not.

I shall try to pick up some other points that were raised. Any that I have not covered I will ensure are covered in the write-around. The noble Lord, Lord Shipley, raised a question about the consultation that has just closed on residence tests. I will ensure that that is taken up. It has just closed, he is absolutely right. We anticipate that the residence requirement—or the non-residence requirement—will be carried forward to ensure that victims of domestic abuse are placed in the position he indicated and that I agree with him that they should be in.

The most important thing I can do, in closing, is to give an undertaking in relation to the very pertinent point raised by the noble Baroness, Lady Lister, about the termination of joint tenancies. I will follow that up. Some of the other specific points that were raised were a little off-piste—legal aid and so on—but if the noble Lord, Lord Lipsey, wants a fuller response I will make sure that it comes to him, but that will not be in the context of this Bill.

I thank noble Lords very much for their support, which will make it much easier to carry this legislation through and then to tackle the domestic abuse situation on a broader front. In closing I once again thank the noble Baroness, Lady Lister, whose rigour and charming determination has ensured that we are where we are today.

[Lord Kennedy of Southwark]

Before the noble Lord sits down, I think it is fair to say that in the debate this afternoon there were two groups of issues. One group covers a wider area and is probably not in scope for amendments and stuff, but there are some other points where noble Lords raised some practical issues about the legislation and how we go forward with things. I am sure that the noble Lord will be available to meet Members of the House to discuss these. We do not want to get the Bill on the statute book and find ourselves, six months down the line, thinking, “If we had only put a little amendment in, this could have solved another problem”. I think that some of the issues raised around the House deserve further attention before Committee.

Homelessness: Temporary Accommodation

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 19th December 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I very much regret that I did not have the privilege of seeing that programme last night but I will try to catch up on it. It is a complex issue, as the noble Baroness rightly says. It is not just about looking at the statistics, as she will know, but at what is happening in communities up and down the country. Last Friday, I was in Chesterfield seeing what is happening there, a town that is not a metropolitan area, and finding that agencies are engaged in tackling it, as is the faith community. Interestingly, the noble Lord, Lord Foulkes, will be pleased to know that the vicar of Chesterfield was formerly a Catholic and has become a Protestant. The noble Lord might like to engage with him to find out some of what he has been doing. It is important to engage all the institutions. I will certainly go back and have a look at the point that the noble Baroness made about the statistics.

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

My Lords, I refer the House to my relevant local government interests in the register. On entering this Palace from Westminster tube station, you will see homeless people. When walking from Victoria and Waterloo stations, you will see homeless people sitting in doorways. Every evening, opposite Charing Cross station, you will see hundreds of homeless people being fed soup and bread. Homelessness has risen by 50% in the last two years. Does the noble Lord not accept some responsibility for this tragedy which is occurring in one of the richest countries in the world? It rests with this Government and the policies they have pursued.

[Lord Bourne of Aberystwyth]

My Lords, first, the noble Lord is absolutely right: this has been a problem in the centre of the capital for some time, as he will appreciate. I am not minimising that but it is not new; what is new is the spread of this problem throughout the country, as I have indicated. It now affects many rural communities and smaller towns up and down the country. I certainly acknowledge that this problem needs to be tackled, as I have indicated. It needs to be tackled at local authority and governmental level and demands all of our attention, including the noble Lord’s. Certainly I take my share of the blame but I think this is something to which we can all contribute. Faith communities and the voluntary sector are helping, the Government have a role, and so do local authorities. It is something with which we all need to engage rather than finger-point.

Private Rented Sector: Electrical Safety Checks

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 6th December 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I am not sure whether the noble Lord is talking about the installation or checking of appliances. Again, this is something on which the Hackitt review will no doubt opine, and we will take account of that when we see the interim and final reports. It is not that we are not intending to do anything; we intend to do something in the round, rather than in a piecemeal fashion, to ensure that the measures are sensible.

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

My Lords, first I should say what an excellent Question from my noble friend.

I refer the House to my entry in the register of interests. The Minister himself announced from the Dispatch Box on 29 March that the Government were going to introduce this measure in the private rented sector. Undoubtedly, it will save lives. Does he accept the deep frustration by campaigners such as Electrical Safety First at it not moving forward quickly? When we get the report in the spring, it will be two years from when the power was taken. Are any groups or organisations that are opposed to it putting pressure on the Government?

[Lord Bourne of Aberystwyth]

My Lords, first I congratulate the noble Lord on ensuring that this Question was book-ended by the Kennedy family—one at the beginning and one at the end.

I accept that action will be necessary. I think every fair-minded person would see the sense of waiting for the Hackitt review before taking definitive action, but of course action is needed. We welcome the report. We have said that we want to look at the issue in the round in the light of what Dame Judith Hackitt, whom I think everyone welcomed for the review of building regulations and fire safety, says in her full report. It is not that we are not doing anything; we are waiting to see, and I think that most fair-minded people would welcome that.

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

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

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

My Lords, this amendment will place in the Bill the five-year duration for the rate relief scheme for new fibre. The scheme will apply retrospectively from 1 April 2017 to 31 March 2022. The need to have the five years on the face of the Bill was discussed at Report. I am most grateful to the noble Lord, Lord Kennedy, for raising this matter and agreeing to withdraw his amendment at that stage so that we could bring forward these changes.

The amendments will also allow for the period of the rate relief scheme to be extended by regulation using the affirmative resolution procedure. This will ensure that, if the Chancellor wants to repeat or extend the rate relief scheme, that can happen quickly without the need for another Bill but still with the approval of Parliament. I trust that noble Lords will agree that the amendment meets the commitment I gave on Report. I beg to move.

[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.

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[Lord Bourne of Aberystwyth]

That the Bill do now pass.

[Lord Kennedy of Southwark]

My Lords, briefly, I want again to thank the noble Lord for handling this Bill in his usual courteous manner. It has broad support across the House and I have been very happy to work with the noble Lord and his colleagues on it. I also thank his Bill team—all the names that he mentioned. I have met a number of his officials and they have been helpful and courteous at all times.

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

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 6th December 2017 Grand 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.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Baroness, Lady Pinnock, and the noble Lord, Lord Kennedy, for their comments, their general support and, indeed, their constructive approach. I will try to deal with the points they raised.

First, in relation to whether we should have gone further, I appreciate that it is the Government’s job to bear down on costs and obviously there is a concern, which we all share, about ensuring that we build more. Having said that the planning fees represent only 0.25% of the development costs, we nevertheless have to be aware of the fact that there must be a level where it would begin to be a disincentive to development. That said, as I outlined and the noble Baroness, Lady Pinnock, referred to, we are looking at a potential 20% tied to housing target delivery and we are analysing the responses. I do not see this as punishing those authorities that do not make it. This is very much a carrot, not a stick. I expect that many local authorities will want to respond favourably to this.

However, I listened carefully to the noble Lord and the noble Baroness as I know they have lots of experience in local government. I realise they know what they are talking about—nearly always—particularly on these areas. They made a fair point. There have been gaps under previous Governments when the fees have not gone up as they perhaps should have. I liked the constructive suggestions from the noble Lord, which I will take away, about the index-linking and the pilots. Both are worthy of discussion so we will have a look at them. The current regulations do not provide for index-linking and I suspect that we would need primary legislation to amend the enabling power. That said, let us see if there is some merit in that suggestion because I appreciate that we need to ensure that planning departments are properly resourced. The noble Lord and the noble Baroness are as aware of that as anyone.

The fee for permission in principle—a new route to planning permission, as the noble Baroness knows, giving developers up-front certainty that sites are suitable for housing-led development—was not plucked out of the air, as it were. There was discussion with local authorities and others about fixing that fee, which we consider appropriate. It is a new fee but we have not had massive representations against it—I am right in saying that—in so far as there were any representations. I think it probably is an appropriate fee, as the others are. I appreciate the general point that this is new territory.

In relation to the point raised by the noble Baroness and the noble Lord about the national setting of fees, this has always been the approach under successive Governments. That does not necessarily mean that it is the correct approach, I know, but it has. There are a couple of issues concerning setting fees nationally. Allowing local planning authorities to set their own fee levels risks the principle of ring-fencing this. I suppose a ring-fence could be created but it would be a little clunky. But there is also a risk, which would be more of a concern to me and to the Government, that uncertainty in relation to fees may act as a disincentive to home owners and small developers in particular to undertaking development in a particular area. There might be a race to the bottom. We should be careful what we wish for because there is a risk that this could end up underresourcing public authorities by pushing them to charge lower fees than might be sensible. I shall need to look at this carefully but, as I say, my initial view is that it might be difficult and not achieve what we want.

That said, I take the points made about index-linking very seriously; it would save us the difficulty of passing primary legislation. We shall take the suggestion away and look at it for the longer view. The pilot is also a constructive suggestion. With that, I welcome the approach of both the noble Lord and the noble Baroness in their welcome of the fact that we are increasing planning fees.

[Lord Kennedy of Southwark]

I am pleased that the noble Lord is going to look at the suggestions. The general point to make is that we hear in our authority and from local government generally that there is a lot of pressure in many areas of service. If there is one area where you could get close to full cost recovery, it is this one, and that would be progress. I take the point that it might hamper development, but I am not convinced that 0.25% of the development costs would be the deal-breaker. If council tax payers are subsidising the planning process, it means that money is not being used for other services which are equally if not more important for the authority to deliver. We hear debates right around the local government sphere about the problems and pressures on budgets and the cuts that have been made in the past six or seven years. That is a serious point for local government, so I am grateful to the Minister for saying that he will take a look at this.

[Lord Bourne of Aberystwyth]

We are getting closer to full cost recovery with these regulations and I appeal to the noble Lord’s legendary patience to await the consultation on the other 20%. That will go a long way for many authorities which I know are trying and succeeding to meet their housing targets. However, the general point has certainly been taken on board.

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Report stage (Hansard): House of Lords
Tuesday 28th November 2017 Lords Chamber

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

My Lords, first, I draw the attention of the House to my registered interests: namely, as a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

As we have heard, the Bill is not controversial. It seeks to help with the boosting of the switchover to fibre from our old copper broadband network. This is important as we need to increase the take-up of fibre at a faster pace, and it is recognised that an exemption from business rates could prove an incentive to speed up the process and get more of our outdated network on to a fibre network in a shorter period of time.

Amendment 4 in my name adds a new clause which puts into the Bill the time from which the relief from business rates will operate; namely, five years from 1 April 2017. I considered the issues at Second Reading and in Committee and my amendment seeks to give an additional power to the Secretary of State in England and to Welsh Ministers in Wales: that is, the ability to seek approval to extend the period for which the business rate relief is available to those companies that are installing new fibre beyond the initial period of five years.

The extension would have to be approved by both Houses of Parliament using the affirmative procedure. There will be parliamentary oversight of the process as it enables the Government to have the power to extend the scheme without the need for primary legislation. I think it is proportionate in the circumstances. It is a simple measure and will be an effective way of continuing the scheme if it has been deemed successful in helping roll out the network faster. Of course, if it has not been successful, the scheme will be ended and the option will not be taken up. I beg to move.

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

My Lords, I am grateful to the noble Lord, Lord Kennedy, for moving this amendment. As noble Lords will know, the matter of whether the five years of the rate relief scheme should appear in the Bill was also raised by the Delegated Powers and Regulatory Reform Committee.

As currently drafted, the Bill would allow the relief to apply indefinitely. The draft regulations that we published for consultation would provide that the relief is limited to five years from 1 April 2017—so the five-year period of the scheme appears in secondary legislation rather than in the Bill. We have taken this approach to retain the ability to repeat the scheme for later years without the need to return for more primary legislation. This will allow us to consider the success of the scheme in a timely manner as 2022 approaches.

Nevertheless, the noble Lord, Lord Kennedy, has made a very strong argument for why the five years should appear in the Bill. We have been clear that the purpose of the Bill is to implement the Chancellor’s commitment to offer five years of relief, and we now accept that such a fundamental aspect of the policy should appear in the Bill. But I am grateful that the noble Lord also recognises the value of retaining the ability to extend or repeat the relief scheme without another Bill. Therefore, we also agree that we should take a power to change the period of the relief and that this power should be subject to the affirmative resolution procedure, as the noble Lord set out.

As I have discussed with the noble Lord—and I appreciate the opportunity to do so—we intend to move our own amendment at Third Reading, achieving the noble Lord’s aim but ironing out one or two drafting defects just to ensure that we can make these changes. We will table the amendment tomorrow. Once more I thank the noble Lord for his constructive and helpful approach. I hope that, with these assurances, he will feel able to withdraw the amendment.

[Lord Kennedy of Southwark]

I thank the noble Lord, Lord Bourne, very much. As he said, we had a very useful meeting a few days ago. I am very pleased that the Government have accepted the main thrust of what I am suggesting to the House. I am happy to withdraw the amendment at this stage and look forward to seeing the Minister’s amendment when he tables it tomorrow.

Waste Collection Services

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 22nd November 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the hallmark of what we do is to say that local residents should be involved and should give their views on recycling—that is important. That said, good practice is outlined in the litter strategy, and there is a litter innovation group that considers bids for attractive and innovative ways of tackling this. So, although consistency is important, there are individual ideas that we should encourage so that other local authorities can pick them up. Recycling rates vary enormously. The best-performing area in England is South Oxfordshire, with 66%. There are challenges in some of the urban areas. I can see that the noble Lord, Lord Kennedy, is anxious to get to his feet—it might apply to Southwark, goodness knows, but I will not single out local authorities to shame them.

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

My Lords, I draw the attention of the House to my registered interest as a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. Does the noble Lord agree that we should seek to always reuse rather than put into landfill? With food waste making up 30% of waste not set aside for recycling, will the Government look to introduce mandatory food waste collections and a ban on biodegradable waste going to landfill?

[Lord Bourne of Aberystwyth]

My Lords, the rubric is that we should first reduce what we use and then recycle what we use. That makes sense: do not use it, then reduce it or recycle it. We have looked at food waste, and the best-performing authorities tend to ensure that they are recycling food waste. It is a challenge for some of the urban areas, with which the noble Lord will be familiar; that is a consideration.

Social Housing

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 21st November 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord comes with unparalleled experience in this area. I take the point about the need for diversity of supply, particularly looking to smaller suppliers, self-build and modern methods of construction, which we looked at yesterday. I also accept a point implicit in his question, which was also raised yesterday by my noble friend Lord Forsyth—the fact that there is land banking. We need to take account of that, and we committed to do so in the housing White Paper.

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

My Lords, I refer the House to my relevant interests as set out in the register—as a councillor and as a vice-president of the Local Government Association. We will have to wait until tomorrow to see what the Chancellor says about housing, but does the noble Lord not agree that, to get to their housing targets and deal with the pressing need that we have heard about, the public sector has to be both encouraged and allowed to build around 100,000 homes a year for social rent rather than any other unaffordable models?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord knows that I agree with his general point that over successive Governments the social rented sector has been somewhat neglected, and we are certainly looking to make up some of the shortfall. As I said, we have had a record year—the best for a decade—but that does not make us complacent. There is an awfully long way to go, but we have a great battery of policies and, as the noble Lord rightly says, we await tomorrow’s Budget.

Housing: Offsite Manufactured Housing

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 20th November 2017 Lords Chamber

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a councillor of the London Borough of Lewisham and a vice-president of the Local Government Association.

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

My Lords, building more homes needs a modern homebuilding industry. New technology has improved productivity, quality and choice in a range of sectors, but housing has yet to catch up. That is why the housing White Paper talked about specific measures to stimulate the growth of modern methods of construction, including offsite. For instance, on top of providing financial support to builders, we are creating a pipeline of opportunities in the sector and setting up a specific working group on modern methods of construction.

[Lord Kennedy of Southwark]

My Lords, offsite manufactured housing could play a bigger role in helping to solve the housing crisis in the UK, as it has done elsewhere. I refer the Minister to the Building Societies Association report Laying the Foundations for Modern Methods of Construction. What are the Government prepared to do to further deal with the problem that supply is low because lenders cannot or will not routinely lend on such properties because they do not fully understand the risks, and builders will not build more of this type of housing because mortgage lending is in limited supply, as is home insurance? This type of building has the potential to help to solve the crisis, but more support is needed to help the sector.

New Towns

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 14th November 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I also acknowledge the great work of the noble Lord in relation to garden towns and cities. I know that he was very supportive when we took forward powers in the Neighbourhood Planning Bill, as it then was, and I thank him for that. I agree about the importance of the regulations, which we will be bringing forward. As I say, the development corporation mechanism is certainly appropriate for some of the larger towns, as it is for Ebbsfleet, and we anticipate that others may come forward and use the mechanism. We are seeing some very successful developments in, for example, Bicester, north Essex and so on. They may want to use the mechanism; that is to be discussed and decided.

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

My Lords, I refer the House to my local government interests as set out in the register. Can the noble Lord tell the House what work has been done by the department to ensure that these developments are self-sustaining with schools, health facilities, transport links and other infrastructure, including broadband? In the past we have not always got this right. For example, people waited many years for a station to arrive in Basildon.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right. The wave of new towns under the last Government—the ecotowns—was very well intentioned but we have learned from aspects of the programme. When developing new towns and villages, the indicators show that we need to pursue infrastructure and design. Often the money that has been advanced to these communities is tied in with doing that work, and reports are often presented on an annual basis to show that that is happening.

Social Rented Housing: Construction

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 26th October 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, my noble friend is very well versed in these matters—few people in the House have more experience than him—and I know that we worked closely together when I was in another department in relation to climate change. It is true that retrofitting is a large part of what is happening at the moment; it is also true that we must seek to minimise the need for retrofitting based on present experience and knowledge. Nevertheless, there is a massive backlog of retrofitting that will keep us very busy for a long time in order that we meet those important climate change targets which the Government are determined we hit.

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer the House to my interests in the register, particularly as a councillor in the London Borough of Lewisham and as a vice-president of the LGA. Yesterday, the Minister’s noble friend Lord Young of Cookham, replying to a question from my noble friend Lord Beecham, said that,

“there are circumstances in which we would consider lifting the local authority borrowing restrictions”.—[Official Report, 25/10/17; col. 935.]

What are those circumstances?

[Lord Bourne of Aberystwyth]

My Lords, my noble friend Lord Young is absolutely right: of course there are circumstances. As I have indicated on two occasions this morning, we are discussing with local authorities the headroom available. Obviously, that depends on circumstances; they differ very much from area to area. We have reached a good agreement with the London mayor and the GLA, but there may be such circumstances and we will react to them. It is a pragmatic approach and not an ideological one.

Telecommunications Infrastructure (Relief from Non-Domestic Rates) Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

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

[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.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for that helpful response. I am happy to withdraw my amendment at this stage. I am delighted that the Minister is meeting representative of the industry, particularly Gamma. That is very good.

I hope the Minister is right on all these things and that there is no issue with gaming at all. My only concern is that we should pass the legislation in a way that eliminates it. We are often told by the Government that parliamentary time is precious. It would be a shame to get the Bill through and then find, in a year’s time, that there was a problem after all and people are doing the things which we do not think they will now. I like the idea of putting something in regulations as a good way forward. They can be amended a bit more easily. I was at a meeting this morning on a completely different subject: a very good initiative that the Government had come forward with many years ago, when I first joined the House, but now there are some concerns about how it is operating. To get that initiative changed, we have to go back and get the law changed. That is not always easy. I thank the Minister for his response and look forward to further discussions. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord and the noble Baroness for their contributions on this amendment dealing with the possibility of a review. I welcome the opportunity to return to this proposed new clause, which, as the noble Lord rightly says, was discussed in Committee in the other place.

We have said throughout the passage of the Bill that we intend to work with the sector and the Valuation Office Agency to ensure the smooth implementation of this relief. I happily restate that. We have published draft regulations for consultation; they are up for consultation until 21 November. I hope that noble Lords will see from the debate that we have just had in relation to gaming that my department and the Government as a whole are looking very closely at the detailed operation of the scheme. We all share the objective of wishing to see this scheme implemented effectively and quickly from the outset. This in turn will lead to new fibre growth and improved broadband. That is the aim, which I know that noble Lords share.

However, I fear that the proposed new clause would not achieve that aim and, if included in the Bill, could threaten the success of this scheme. I note what the noble Lord says about business uncertainty elsewhere, but that hardly means that a bit more uncertainty is a good thing or something that we should not be concerned about. Sending a clear signal to investors in the telecoms sector is critical to the success of this measure, which is why we have moved quickly to bring forward the Bill and why we are consulting early on the draft regulations. Investors need to see a clear intention on the part of the Government to deliver relief from 1 April 2017 for five years up to 2022.

One suggestion is about the length of the relief being provided. Any suggestion that it might not last the full five years is not desirable. Those sorts of signals can make the difference to decision-makers in telecoms companies in deciding whether to proceed with an investment. Businesses thrive on certainty. Decisions in telecoms companies are being made now on the basis of the promise made by the Chancellor that new fibre will have relief until 2022.

I understand the objective of the amendment, but it would create uncertainty in the sector and damage the prospects for success of the measure. By providing for, in effect, a review of the rate relief after only one year, we will sow the seeds of doubt in the sector. The sector may fear that the Government might cancel or otherwise negate the relief after a year—especially when, as the amendment clearly states, the review should consider the duration of the relief. We could expect telecoms companies to react in only one way to the prospect of such a review: they will be less likely to invest, which would damage the rollout of broadband. Therefore, I am afraid that the Government cannot accept the amendment.

We will, of course, continue to monitor the effective operation of the scheme to ensure that it is indeed providing relief on new fibre. We will work with the sector and the Valuation Office Agency to do that. The powers in the Act will allow us to adjust the scheme where necessary such as to reflect changing and new technologies. Any suggestion that the relief might last less than five years is something that we cannot subscribe to.

The amendment would also require the Government to assess the impact of the relief on local government. In fact, that is information which we already plan to collect and publish. I can give that undertaking. Each year, the department publishes non-domestic rating returns containing the information about the business rates income and relief in each local authority area, which this seems to ask for. I can ensure access to that; we can provide the link so that that information is readily available. Those returns are based on information provided to us by local government, and they can be found in full on our website. As I say, I am very happy to provide guidance on how that can be accessed. Those returns will in future include information about the level of new fibre relief. We expect the first returns to include this information to be the outturns for 2017-18, published in autumn next year. I am happy to provide that information and, indeed, to meet the noble Lord and the noble Baroness, with officials, to explain how a lot of the information that has been requested is already available.

Throughout the passage of the Bill through this House and the other place, we have been clear that we would compensate local government for the cost of its share of the relief, and I give that assurance again today. In view of these assurances, I hope the noble Lord will feel able to withdraw his amendment, with the undertaking that I am happy to meet him and the noble Baroness to go through this, perhaps to explain how at least some of this information is available at the moment.

[Lord Kennedy of Southwark]

I thank the Minister for his helpful response. I am happy to withdraw my amendment. I think that brings us to the end.

Grenfell Tower

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 19th October 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I thank the noble Lord, Lord Bourne, for repeating the Answer to the Urgent Question asked in the other place. I remind the House of my entry in the register of Members’ interests. I pay tribute to the work that continues to be delivered on the ground by public sector staff across a variety of disciplines and by charities, faith groups and volunteers.

The noble Lord has just said that the Government expect councils and housing associations to fund the work they consider essential to make buildings safe, that councils should get in touch with the Government and that the Government will consider removing financial restrictions if they stand in the way of essential works. That is slightly different from where we were four months ago, when I think it was said that money was no object. Therefore, does it follow that the Government are saying that they will not provide any grant funding to fund these essential works? Can the noble Lord be very clear on that? What are the Government actually saying? They seem to have moved a little on that over the last four months. We need to be clear what they are going to do on funding works—or not.

[Lord Bourne of Aberystwyth]

I thank the noble Lord for his thanks to the public sector staff and very much echo those on behalf of the Government. Emergency staff, central government staff and local government staff have performed absolutely magnificently, and continue to do so around the clock. That is particularly true of staff in the National Health Service as well, who provide care for people suffering from emotional distress and others. I thank, as did the noble Lord, charities and the many volunteers for the work they have done. I also thank the public for their generous giving.

The noble Lord asked a specific question about the building works. We have been clear that the safety of buildings subject to these checks post Grenfell, whether in the public or the private sector, is absolutely paramount. We have said that we will ensure that financial restrictions will not be a barrier to essential work being carried out. That would mean, most typically, the lifting of borrowing restrictions on councils. That is what we have in mind. As I have indicated, 31 authorities have been in touch with us—we have been very clear about this and have encouraged local authorities to take up this offer, if appropriate. Six have issues that we wish to pursue, one has completed—I think, from memory, that it is Portsmouth—and we are looking at that now. I repeat that financial restrictions will not limit essential work post Grenfell.

Home Ownership

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 17th October 2017 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what percentage of the United Kingdom population own their home either outright or with a mortgage; and what assessment they have made of whether this figure may increase or decrease in future.

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

My Lords, in 2015-16, the latest year for which data are available, 34% of households in England owned their home outright, while 29% bought their home with a mortgage. DCLG does not hold data for the United Kingdom. After falling from 71% in 2003, the percentage has stabilised at 63% from 2013 to 2016.

[Lord Kennedy of Southwark (Lab)]

With home ownership at a 30-year low and more young people than ever before priced out of the mortgage market, is the Minister aware of the work undertaken by the Building Societies Association, which has highlighted that one in four people whose borrowing extends beyond the age of 65 is a first-time buyer? What more will the Government do to help the teacher, the classroom assistant, the small- business person, the firefighter or the police officer who in their 30s are all too often priced out of the market, particularly in London, with the various government schemes not helping to date?

[Lord Bourne of Aberystwyth]

My Lords, as I have indicated to the noble Lord, the position has stabilised over the past few years and barely changed—in fact, it has become slightly better during the past year with the percentage having fallen from 71% in 2003. The noble Lord will be aware, as the House is aware, that the Government are taking many measures to extend home ownership but also to diversify the tenure of houses—£2 billion was announced earlier this month, much of which will go on social rent. We are extending home ownership but at the same time seeking to diversify supply, because the noble Lord is right that this is a serious challenge. As he has indicated, there is a serious intergenerational problem that we wish to address.

Yorkshire: Devolution

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 16th October 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, that last proposition is untested. There are many different things that the people of Yorkshire want. What I did say, which I will happily restate, is that it is for the people of Yorkshire to decide where this goes ultimately. We have an existing Sheffield deal which I am sure noble Lords will understand we must progress with. If the rest of Yorkshire wants to come forward with a greater Yorkshire deal, that is for them, and thereafter it will be the subject of discussions between those two separate authorities if they want to progress things further.

[Lord Kennedy of Southwark (Lab)]

My Lords, it all seems a bit shambolic. The Government are determined to press ahead with a deal that two authorities in South Yorkshire, namely Barnsley and Doncaster, no longer wish to progress with. Is there now not a case for looking again at the whole arrangement here and putting in place a deal that commands the support of all local authorities in Yorkshire, as well as the people who live there and business and civil society throughout that great county?

[Lord Bourne of Aberystwyth]

My Lords, that thesis would be all very well were it anywhere near the truth. I refer the noble Lord to the comments of the Member for Sheffield, the honourable Clive Betts, and to those of the leader of Sheffield. He will know as well as I do that this is all about a discussion—I will not push it any further than that—about who is going to be the mayoral candidate for Sheffield. That is the reality of why some of the authorities in South Yorkshire do not like it. I would encourage them to do what other political parties will be doing: select a candidate and fight those elections in the interests of that area.

Fire Safety

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 9th October 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice. In asking the Question, I refer the House to my registered interests, particularly as a councillor in the London Borough of Lewisham and as a vice-president of the Local Government Association.

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

My Lords, building owners are responsible for funding fire safety measures but, where works are required to ensure fire safety, we are ensuring that lack of financial resources will not prevent them going ahead. Thirty-one local authorities have contacted DCLG. We have invited councils to provide more detail about essential works and will consider requests as information is provided. Discussions are ongoing, but we have not turned down any requests for essential works.

[Lord Kennedy of Southwark]

Since 2007, the fitting of sprinklers has been compulsory in new blocks over 30 metres tall. The London Fire Commissioner has said since the Grenfell Tower tragedy that retrofitting sprinklers,

“can’t be optional … can’t be ‘a nice to have’”.

However, the Minister’s honourable friend the Minister for Housing in the other place has been telling councils that bids for sprinklers are additional rather than essential. Does the Minister agree that it is time for the Government to reflect on and review those decisions in the light of comments from the Government since the tragedy and the advice of professionals in the fire service and elsewhere, who regard these measures as essential and not additional?

[Lord Bourne of Aberystwyth]

My Lords, the position as set out by my right honourable friend the Minister, Sajid Javid, in his letter of 31 July, where he clearly indicated that essential local work for fire safety will not be restricted by financial resources, remains the position. We are currently in discussion with six authorities, one of which, Portsmouth, has now submitted all the documentation required—it is the only one to have done so so far and we are now looking at it. There are another 35 which we are still assessing, and 31 local authorities have responded in full. If they set out essential work, we will, as indicated in that letter, ensure that the resources are forthcoming.

Housing: Social and Affordable Rents

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 11th September 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare that I am a locally elected councillor and a vice-president of the Local Government Association.

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

My Lords, on a daily basis social rent will continue to be delivered by developers and housing associations across England through agreed Section 106 contributions with local planning authorities. The number and tenures of homes to be built outside government funding will depend on housing providers’ assessments of local needs and markets, which are agreed through negotiation of a Section 106 contribution. The Government’s current £7.1 billion affordable homes programme runs affordable rent. The Government introduced affordable rent in 2012 to maximise government investment, enabling us to build more homes for every pound of public spending. This has allowed us to build around 333,000 affordable homes since 2010.

[Lord Kennedy of Southwark]

My Lords, the English Housing Survey produced by the noble Lord’s own department and published earlier this year tells us that:

“The number of families in the private rented sector has increased; and the number of families in the social rented sector has decreased”.


It goes on to say that those in the private rented sector,

“spend a significantly greater proportion of their … income on their housing costs”

than do social renters or those buying with a mortgage. Of the 46,328 building starts in the housing association sector up to June 2017, only 3,726 were at a social rent.

Can the noble Lord tell the House why the Government are so opposed to social rented housing playing its full role in dealing with the housing crisis, as evidenced by the Government’s own funding programmes and policies?

[Lord Bourne of Aberystwyth]

My Lords, we are not opposed to it. We are discussing it frankly with the London mayor—indeed, we discussed it with him last week. I absolutely accept that more needs to be done, but there has been an increase in affordable housing starts. We are looking at the social housing programme, particularly in the larger cities, and particularly in London. In the meantime, we are increasing the number of houses being built.

Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 11th September 2017 Lords Chamber

[Lord Kennedy of Southwark]

I made some general comments about consultation with respect to the Minister’s department, which perhaps he could address. I also refer him to paragraph 10 in the report of the Secondary Legislation Scrutiny Committee. It said:

“It is clear that many business ratepayers continue to have serious concerns about the nature of the reforms to the business rates appeals system made by these Regulations, despite the consultation processes which”,


the DCLG,

“has pursued over the last 18 months. The degree of controversy about these reforms may well explain why the Department was unable to lay the Regulations by the end of last year, as it undertook to do seven months ago, and indeed why it considered it necessary to allow only two weeks between the dates of laying and coming into force”.

The committee went on to say:

“We understand the sequence of events that preceded the laying of the Regulations, but we find it very regrettable that the Government have curtailed the opportunity for effective Parliamentary scrutiny in order to salvage their own timetable”.


That may not be damning but it certainly is not good.

[Lord Bourne of Aberystwyth]

My Lords, I am not sure whether that was a question or just an observation on what I said. But if the noble Lord is asking whether I will look at that report and take it seriously then, as he rightly says, it is a respected committee and of course we take its views very seriously, as indeed we do the views of noble Lords around the House.

Grenfell Tower and Fire Safety: Update

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 20th July 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Kennedy and Lord Shipley, for their contributions. I will try to deal with the various points they made. I thank them very much for echoing the thanks to our dedicated public servants across the piece for all they have done and the support that we continue to give them. The noble Lord, Lord Kennedy, mentioned the fire brigade in particular, and I am happy to say how important its work is and how much we as a Government respect and value what it does. I am grateful to both noble Lords for the continuing support, because this issue unites us and does not divide us.

I will try to deal with some of the points that were raised. First, the noble Lord, Lord Kennedy, spoke about the quality of accommodation and the issue of rehoming. We have to respect the trauma that these families have been through, which often makes it difficult for them to make a decision, even over a period of weeks, about their accommodation. In many cases they are not certain where they want to settle and we respect that. We have made offers of temporary accommodation to all families. Some have taken those offers up and some have not, but from what I can see I am certainly satisfied that the accommodation has been of an outstanding quality in all cases.

The noble Lord, Lord Kennedy, spoke about the task force and the work of gold command being vital—I absolutely agree with that—and the importance of the council winning back trust. I thank him for what he said about how the leader of the council, Elizabeth Campbell, is trying to win back trust. She is reaching out genuinely to all people who have been victims and to the opposition parties. That is certainly the approach that the Government want and support. The noble Lord talked about outstanding samples that needed testing. The number is actually seven; perhaps the noble Lord’s figure is slightly out of date. It has come tumbling down over the last 48 hours, so seven tower blocks—

[Lord Kennedy of Southwark]

I had a different number.

[Lord Bourne of Aberystwyth]

The noble Lord is right to query that. Until shortly before I came in, the figure was still being updated, but the Secretary of State used the figure seven in the Commons, which is the one that I repeated. Of course, it is still important that we bear down with regard to those seven outstanding tower blocks that have yet to be tested; it is important that the housing associations comply with the request to bring forward their samples.

The noble Lord, Lord Kennedy, asked about the power to issue directions—I think the noble Lord, Lord Shipley, also referred to that—which is under the Housing Act 2004. We have been careful to check what legal powers we have, and those are the powers as stated. The inquiry may want to look at this—I am sure it will—but that is the power as set out. Both noble Lords made a point, understandably and rightly, about updates, and I will certainly ensure that the updates provided to MPs in the Commons are also sent to noble Lords. I will also address in correspondence any points that noble Lords want to raise over the summer, and I will copy it to Peers. If it is felt that it would be appropriate and helpful, and it may well be, I am willing to give an update briefing and answer questions when we come back in September, as happened during the earlier briefing.

On points made by the noble Lord, Lord Shipley, in addition to those I have tried to cover, the supply of affordable housing and permanent housing is important. Kensington and Chelsea will make a statement on this shortly. The council will want to share the housing commitment to residents who lived in Grenfell Tower first with those affected, but it will certainly be available shortly to noble Lords.

System testing has been recommended by the expert panel, and that is being carried forward, starting next week. Once that information has been conveyed to housing associations and local authorities, it will be conveyed more widely.

Regarding the cut-off height of 18 metres, I am not an expert on this but I believe it is used very often in relation to tower blocks. I think that fire and rescue above 18 metres is demonstrably more difficult but, again, I suspect that is something the inquiry will be looking at.

On the terms of reference, the consultation will be open until 28 July—that is, a week tomorrow—to gain as broad a consensus as possible on what should be looked at. Once that has been completed, we will hope to settle the terms of reference very quickly.

Business Rates Hardship Fund

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 19th July 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer the House to my interests in the register. Does the Minister agree that it is time to fundamentally reform the business rates system to support our high streets? As more and more online shopping develops, we need a fairer system of business taxation that takes this into account.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right about the importance of ensuring that we have a fair system. We will be looking at possible reforms of the business rates systems during the course of this Parliament. But in the meantime, as the noble Lord has correctly pressed us, it is important that relief schemes are operating as effectively as they should be. That is why I once again appeal to noble Lords to, where necessary, contact their own local authorities and put pressure on them to make sure that the relief that has already been allocated is passed on to businesses.

Grenfell Tower Update

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 3rd July 2017 Lords Chamber

[Lord Kennedy of Southwark]

Before the noble Lord responds, perhaps I could draw the attention of the House to my interests. I am a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

[Lord Bourne of Aberystwyth]

I am most grateful to the noble Lord for that and to the noble Lord, Lord Shipley, for his contribution. I thank them for their general welcome of the progress that is being made. I will try to pick up some of the more detailed points that they made.

First, in relation to the position of Kensington and Chelsea, one has to remember that there is local political accountability. That said, it is important that we recognise that the immediate situation, which may well go on some time in relation to many of these issues, is being handled by gold command, the boroughs involved and central government with assistance from other bodies, to which noble Lords referred. I pay tribute particularly to the help that has been given by the voluntary sector and charities, which has been considerable. It has been trusted by the local community and has been much more responsive and much speedier in terms of an ability to act. That said, many civil servants have worked pretty much round the clock, as well as others from other London boroughs. I also pay tribute to what they are doing. The Secretary of State will want to engage with the new leader of Kensington and Chelsea to see what is happening in terms of political involvement not just from the governing party in Kensington and Chelsea but the other parties to see how we can move this forward. However, what is most important at the moment is that we have effective organisation on the ground dealing with these issues.

I can confirm to the noble Lord that everybody who has sought financial assistance has so far been given it. If others have not sought it, we are encouraging them to come forward. As I have indicated previously, there is sometimes an issue with languages but we have people on the ground who are able to help on the language issue, whether in writing or orally, so that is being handled as well. I should say that getting £2.5 million out—this is in addition to any entitlement to benefits—is not something to be dismissed too lightly. It is significant.

I turn to the inquiry that has been mentioned. This is a judge-led inquiry. The Secretary of State has indicated in the other place that he expects this to have broad terms of reference. Obviously, it needs to focus on the immediate situation in Grenfell Tower, but it also needs to consider the wider lessons that have to be learned. As we go on across many years, many Administrations, and, doubtless, across many parties in local government, there are lessons for us all to learn. Every day we are finding out more. It is important that we pick these up. It is the very least we owe to the people who have suffered and lost their lives in Grenfell Tower that we never let anything remotely like this happen again. So it is important that all those detailed lessons are learned, and that we have broad terms of reference. The judge, Sir Martin, has been in Kensington and is engaging with tenants and tenants’ representations to ensure that we have that input and no doubt get those broad terms of reference.

As regards assistance for other authorities to which the noble Lord, Lord Kennedy, referred, whose samples have failed, I am pleased to say that in every case except Camden evacuation has not been involved, so although clearly the situation involves ongoing action it is not as difficult as the position has been in Camden. Obviously, we are reviewing that and seeing what has happened.

The noble Lord also asked about updating. In fairness, we have presented two Statements in a fairly short time. I have had a very good briefing session for Peers, which will be followed up with a detailed letter on some of the points that were raised. Some were answered at the time but some of the more detailed points were not. We will keep that under review, but we of course recognise the obligation to update Members. That is quite right.

I again thank the noble Lord, Lord Shipley, for his warm welcome of the progress that has been made, which was typically generous of him. I think that we have complied with the coroner’s inquest recommendations in relation to Lakanal House, certainly the recommendation regarding sprinklers, which I imagine will be something that the inquiry will want to look at. I note what the noble Lord said about the Building Regulations. I will get officials to look at that again. However, I think the indication was that we were just looking at the position on the Building Regulations where it had been suggested by the coroner’s inquest that we might want to simplify these. I think that we would want to review that in the light of what has happened. I do not think that we would want to pursue that as things stand at the moment.

I hope that I have picked up the points that have been made by noble Lords. However, as always, if I have not picked up anything following the Statement, I will ensure that it is covered in a letter.

Fire Safety: Lakanal House Fire

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 27th June 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

I am grateful to my noble friend. This is not simply about the issues that have arisen from the Grenfell Tower fire, although obviously they are the focus of the public inquiry. I think Camden has identified that in five blocks, four of which have subsequently been evacuated, some 1,000 fire doors were missing. That must also give rise to concern.

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer the House to my interests in the register. In the Lakanal House fire in 2009, there were compartmentation breaches that allowed the fire and smoke to spread through the building, in conflict with the evacuation procedure. Failures like this have come to light often only as the result of a fire or when the advice of the fire brigade has been sought after construction, although the power to take enforcement action expires one year after construction and the power to prosecute expires after two years. Does the noble Lord agree that this is far too small a window for action to be taken, and will he act on the London Fire Brigade’s call to extend these deadlines to a more appropriate period to be determined by consultation with key stakeholders?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for his suggestion. It is right that these issues should be looked at by the independent advisory committee that is being set up by the Secretary of State. It will come up with urgent actions that need to be taken and will decide which first actions are appropriate. I will take away the noble Lord’s suggestion; it is something that no doubt the committee will wish to ponder on. However, this episode has thrown up a whole range of actions to be taken not only in relation to the cladding but much more widely, as we have seen in evidence from around the country.

Leaseholders: Holiday Letting

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 25th April 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

No, indeed it does not, but we are not going to.

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer noble Lords to my entry in the Register of Lords’ Interests. The noble Baroness, Lady Gardner of Parkes, raised an important issue. Will the Minister say a little more about why they are not prepared to act?

[Lord Bourne of Aberystwyth]

My Lords, it is very clear that it is up to individual landlords. In the case of Nemcova v Fairfield Rents Ltd in 2016, just a year ago, a landlord enforced a provision in the lease to ensure that the tenant did not act in breach of the lease. It has never been the case that any Government would interfere with freedom of contract where parties are open to go to court in relation to a contractual matter. This is not a planning issue.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, the whole House will of course sympathise with the situation that the noble Baroness is in if she is suffering from these sorts of situations, but there is a whole panoply of criminal law to deal with these issues. This is nothing to do with Airbnb; it is a breach of the law relating to violence and criminal damage. It is not a matter for Airbnb. I note what she says about other cities, but that is not the provision here. The provision set in the Deregulation Act specifically for London is 90 days. If companies are acting within that, as Airbnb is, we can ask little else of them.

[Lord Kennedy of Southwark]

My Lords, the noble Baroness raised a really important issue. Why can the noble Lord not say that he will have a look at those matters?

[Lord Bourne of Aberystwyth]

My Lords, for any criminal damage, which is admittedly a very serious issue, there is of course a panoply of the law, such as the Criminal Damage Act, to deal with such a situation. Breach of contract is a matter for the landlord and tenant to sort out between them. The Government have no role in enforcing contracts.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Ping Pong (Hansard): House of Lords
Tuesday 25th April 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, as this is my first contribution on these matters, I refer Members to my declaration of interests in the register. I declare that I am an elected councillor in the London Borough of Lewisham, a vice-president of the Local Government Association and the vice-chair of the All-Party Parliamentary Beer Group.

In respect of Motion A, I am disappointed that the other place did not accept the amendment from the noble Lord, Lord Stunell, although I accept the point made by the noble Lord, Lord Bourne, that the other House did not divide on the issue. I hope that the noble Lord, with his colleagues in the department, will keep this matter under review so that, if it turns out that the provision needs to be strengthened, we can return to it at a later date. The noble Lord, Lord Stunell, made a very important point about the primacy of the NPPF.

In respect of Motion B, I am delighted that the Government have listened to the campaign both inside and outside Parliament. I pay tribute to two Members of the other place—Charlotte Leslie, the Conservative Member of Parliament for Bristol North West, and Greg Mulholland, the Liberal Democrat Member for Leeds North West—for their campaigning over a number of years to bring about this change.

I also thank all the Members of your Lordships’ House who supported me in the debate and in the Division Lobbies. I particularly want to thank those Conservative Members who voted with me and those who kindly abstained, as that played an important part in getting a large majority when I tested the opinion of the House. I also thank the noble Lord, Lord Bilimoria, for his generous support in the debate, as well as others, such as the noble Lord, Lord Cameron of Dillington, the noble Baroness, Lady Deech, and the most reverend Primate the Archbishop of York. I am also grateful for the support that I received from the noble Lords, Lord Shipley and Lord Scriven, and others.

The amendment proposed by the noble Lord, Lord Bourne, corrects a loophole that was of great harm to successful pubs, and it protects and helps them. In the previous debate I was very clear that the intention behind what I proposed was never to keep open a pub that was not a successful business but to support successful businesses.

I like pubs and I like a pint. Like the noble Lord, Lord Framlingham, I probably should have bought a few shares in the odd pub or brewery; I have certainly spent enough money on beer over the years.

I also pay tribute to the fantastic work done by Tim Page, the chief executive of CAMRA, Amy O’Callaghan, its senior campaigns officer, and all the members of CAMRA in branches across the country who emailed and phoned us and Members of the other place.

This amendment is important, and I am grateful to the Government and the noble Lord, Lord Bourne, for listening. It is an example of the House of Lords doing its job well. By winning the argument on the original amendment, we created the conditions for the Government to think again and we have a great solution today that I am delighted to support.

[Lord Bourne of Aberystwyth]

My Lords, I thank all noble Lords who participated in this debate on Motions A and B; I will not detain the House long. I genuinely thank all noble Lords who participated in the discussion on this important piece of legislation. I also thank my right honourable friend in the other place, Sajid Javid, and my honourable friend Gavin Barwell, the Minister for Housing, who have been very supportive and helpful.

Turning first to Motion A, I thank the noble Lord, Lord Stunell, for his generosity of spirit. I agree that there is a difference between us on the way that this is to be interpreted. I believe that the National Planning Policy Framework provides the necessary security, but I am most grateful for his generous words and the very fair summary that he gave.

Turning to Motion B, I first raise a metaphorical glass to my noble friend Lord Hodgson on his birthday. Perhaps there will be an opportunity for people to exhibit support for this new position after the debate. I thank him for what he said about our having harnessed the support of both CAMRA and the British Beer & Pub Association, as well as this House. I also thank my noble friend Lord Framlingham for his extremely kind words and the noble Lord, Lord Shipley, for his support of this amendment. He has been a pleasure to work with throughout this legislation—always fair and always with good advice.

I join the noble Lord, Lord Kennedy, in thanking Charlotte Leslie and Greg Mulholland in the other place for their help, and I thank the noble Lord for what he has done in this legislation and what he does for pubs on a continuing basis; it has not gone unnoticed and has certainly helped the sector greatly. I thank all noble Lords very genuinely, as the noble Lord, Lord Kennedy, said, for having demonstrated the House of Lords at its best in looking at and amending this legislation, and in moving forward very sensibly, not least in respect of matters raised by my noble friend Lady Cumberlege. On that note, I commend Motion A.

Greater Manchester Combined Authority (Functions and Amendment) Order 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 24th April 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on this order on Greater Manchester. I will pick up first on the fulsome tribute paid by the noble Lord, Lord Beecham, to George Osborne—equalled only by the fulsome tribute made by the noble Lord, Lord Kennedy, to Tony Lloyd. As the noble Lord, Lord Beecham, said, it is absolutely right that George Osborne has been very firmly behind these proposals, particularly in relation to the northern powerhouse.

On the points the noble Lord made in relation to consultation, I appreciate the need for consultation and strongly support it. However, he will be aware that the Secondary Legislation Scrutiny Committee, which looked at this draft order, was content that every effort had been made in relation to consultation. I agree that it is a shame that more people did not respond: nevertheless, it is important to put that in context. Those who did respond, responded favourably in every single area that the consultation looked at, as the noble Lord is very generously indicating.

The noble Lord, Lord Beecham, is right about paragraph 2.6 of the report accompanying the order. It is not anticipated that we will use this power to upset the balance of power within the authority. Perhaps I could write him more fully on that point.

On a general point made by many noble Lords on overview and scrutiny—the noble Baroness, Lady Pinnock, and the noble Lord, Lord Kennedy, stressed the importance of this—it is important to note that, in fairness to the authority here, all the deals are bespoke: each one is somewhat different. Greater Manchester has gone further on independence of members by ensuring that a member represents the constituent authority. The chair of any overview and scrutiny committee has to be of a party different from that of the mayor. That does not necessarily apply to the audit committee. That must have an independent member, but they need not necessarily be the chair. I applaud the authority for pushing for that—and the Government were of course very keen to accept it.

My noble friend Lord Deben spoke graphically and eloquently of the silo system of government. I have much sympathy with him on that point and will take it forward. He may have other avenues open to him—perhaps even further up the food chain than me—where he can perhaps convey that message to ensure that it is taken on board. It is a message that is heard loud and clear.

I thank the noble Baroness, Lady Pinnock, for her general welcome for the draft order and the programme of devolution. I agree with her on the need for balance between the different parts of the devolution deal; that is, the councils represented by individuals on the combined authority, and the mayor. On expenditure, while I appreciate that the phrase “reasonably incurred” perhaps lacks a certain substance, the courts are familiar with dealing with it. However, I take the general point that the noble Baroness makes; it is a very fair one. I also take her point about the need to take everybody with you in so far as you can. I am sure that any mayor of Greater Manchester, whatever their party or whether or not they are independent, will want to ensure that that is the case, so that it is not simply a question of counting heads for majority rule.

I thank the noble Lord, Lord Kennedy, once again for his constructive approach, as always, on this issue and for the vignette on Millwall. No debate is complete without a vignette from the noble Lord’s borough, and I am very pleased to hear the news on that in any event. I agree with him on the importance of scrutiny and look forward, as he does, to the elections and to taking this important step forward in the way that we govern our country. With that, I commend the draft order to the House.

[Lord Kennedy of Southwark]

I have a final question for the Minister; it is not a problem if he writes to me on it. Police and crime commissioners are limited to two terms. I assume that the mayor is not term-limited. Perhaps he could look at that and write to me, because it would obviously be a slightly different case when it came to looking at mayors of combined authorities, police functions and police and crime commissioners.

[Lord Bourne of Aberystwyth]

I thank the noble Lord and will gladly write to him on that point.

Combined Authorities (Finance) Order 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 30th March 2017 Lords Chamber

[Lord Shipley (LD)]

My Lords, I shall make two brief points. First, the powers and the checks and balances proposed in the order seem appropriate, but I note the final paragraph of the Explanatory Memorandum concerning monitoring and review, which says:

“Mayoral combined authorities will be required … to put in place an extensive programme of evaluation”.


I suggest to the Minister, not least because there are two different methods for creating the mayoral budget now—for most the precept, and for the West of England by agreement of the constituent councils—that evaluating how that works could well be something for independent review as opposed to being done by the combined authorities. I hope the Minister will pay some regard to that.

The other issue is that I did not quite understand what the Minister said about audit and, in particular, scrutiny. There is a very tight timetable between the beginning of February and the beginning of March. There is to be a budget proposed by the mayor, then to be agreed by the combined authority. The combined authority is of course scrutinising that mayoral budget, except that the combined authority itself is subject to scrutiny. My question is: at what point will the scrutiny arrangements that have already been approved by another order apply? Will there be a role for the scrutiny panel before 1 March, or will the scrutiny panel put forward its views at a date between 1 March and the date at which the constituent councils are setting their budgets, which need to come very early in March? There is a process issue about the role of scrutiny, because I think the Minister said that the combined authority has a scrutiny power over the mayoral budget, but the combined authority is actually itself subject to a formal statutory scrutiny arrangement.

[Lord Kennedy of Southwark (Lab)]

My Lords, I refer the House to my declaration of interests and put on record that I am a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I have no objections to the order before us and I am very happy to agree it. There does, however, need to be a wider debate at another time about where we are going with local government in England outside London. I will leave that for another day.

The section of the order with respect to mayors’ budgets is particularly welcome. I was pleased that the Minister made reference to the fact that there is a veto provision. All mayors will be mindful of that but, equally, it is set at the high bar of a two-thirds majority, or, in the case of Tees Valley Combined Authority, of a three-fifths majority. That is an important provision that mayors should be aware of.

The noble Lord, Lord Shipley, made important points regarding auditing and scrutiny. I welcome the Minister’s response to that. I assume I am correct that if local electors have objections to the council they can make these as normal, but could the Minister confirm that as well as he can in writing?

For the record, in the previous debate when asking about mayors and their function the point I made was about selling land below market value, not at market value. Will the Minister also respond to that point in writing?

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Shipley and Lord Kennedy, for their contributions on the issue of local government finance. If I may first pick up the point from the noble Lord, Lord Kennedy, in relation to the previous debate, I will certainly take another look at that. As I indicated, I think the function will be balanced between the mayor and the combined authority. But there will of course be an overriding obligation to get best value and, if land is being sold below market value, I would anticipate that there was a danger of falling foul of that. I will cover that issue in a letter to the Minister—I mean the noble Lord; days of yore in the National Assembly for Wales are kicking in, so I apologise.

I thank the noble Lord, Lord Shipley, once again for the generous welcome he has given to this piece of secondary legislation as well as for his attention to the different interests of the mayor and the combined authority and to the important checks and balances. He asked specifically about the budget process and about scrutiny. As I think he will know, the overview and scrutiny committees can require the mayor to appear before them at any time, including in the first year of the mayor’s term, before this more detailed process kicks in. In the first year, of course, it is too late for the precepting procedure, which applies later on. The budget scrutiny requirement refers to the scrutiny of the mayor’s budget by the combined authorities, though there is a specific requirement under the order, as the noble Lord appreciates, for a mayoral fund to be set up. I will perhaps enlarge on that in a letter because it is a fairly technical area.

I thank the noble Lord, Lord Kennedy, again for his pragmatic approach and for welcoming this particular measure. He raised similar points about scrutiny in addition to the point he raised on the last order. I will of course pick those up in a detailed letter.

As I said, this issue is central to the system of mayors, which I think we all support in principle. I accept that we have different concerns but it is obviously essential that going forward we have a system for how money is to be organised. I also accept that we have bespoke deals. For example, the West of England Combined Authority did not want precepting, while Tees Valley Combined Authority wanted decisions to be made with a 60% rather than a 66% majority because it has five constituent councils—I think that is the reason for that; they would each have 20% of the vote. Accepting that there are going to be slight differences, the general approach to scrutiny and budgets is set out in this order, which I think is non-controversial. As I said, any points that have been raised and that have not been covered in my response will be picked up in a letter, in addition to the point made by the noble Lord, Lord Kennedy, in relation to the previous debate. I commend the order to the House.

Council Housing

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 13th March 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. I refer the House to my interests; I am an elected councillor and vice-president of the Local Government Association.

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

My Lords, the Government recognise the key role that local authorities play in the provision of housing and we welcome their views on the development of the Government’s policy. The recent housing White Paper makes it clear that we are keen to hear about innovative options and ideas from the sector.

[Lord Kennedy of Southwark]

My Lords, with their renewed focus on the provision of sheltered housing, the Government will be able to provide well-designed housing suitable for the needs of older people while releasing much-needed council homes for families. Why are the Government not doing more in this area? Does the Minister agree that the ridiculous plans to force councils to sell off their most expensive family homes will, if implemented, be a barrier to this aim and should be scrapped?

[Lord Bourne of Aberystwyth]

My Lords, in answer to the first point, we are open to looking at bespoke deals. Several local authorities—Sheffield and Stoke-on- Trent are examples—are already engaged with us to discuss that, in terms of the housing White Paper, which is recognised by many for its boldness in looking at these issues. In relation to the higher-value assets, the noble Lord will be aware that we will shortly be announcing a pilot in relation to that.

Surrey County Council: Financial Issues

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 8th March 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice. In doing so, I refer the House to my registered interests: I am an elected councillor and a vice-president of the Local Government Association.

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

My Lords, as the Government have repeatedly made clear, there is no special deal for Surrey County Council—there never has been and there never will be. The final local government finance settlement was laid in Parliament on 20 February. It is clear that the Government have not provided any additional funding to Surrey and have not promised to do so. Surrey informed the Government that it wanted to become a pilot for the 100% business rate retention scheme. DCLG made it clear that this was not possible for 2017-18 but that it could apply for 2018-19 when it will be more widely available.

[Lord Kennedy of Southwark]

So we have Councillor David Hodge CBE speaking to the Secretary of State for Communities and Local Government while he is sitting in his car at Downing Street; the Secretary of State then scuttling in to see the Chancellor; and a special adviser ringing Councillor Hodge back—a man we have heard is not the sort who gives up—to tell Councillor Hodge what he can and cannot say and to make reference to a Surrey MP who has been outstanding. Will the Minister tell us what are the issues decided upon, what is the sweetheart deal and what is the gentlemen’s agreement that has been reached between the Government and Surrey County Council? Are the Government being straight with us or did Councillor David Hodge dream up these events? Will the Minister tell us which he thinks it is?

[Lord Bourne of Aberystwyth]

My Lords, I have already indicated to the noble Lord that the Government have been totally honest on this throughout. Surrey County Council asked whether it could be part of the business rate retention scheme for 2017-18. That applies to devolution deals, and has been taken advantage of by Greater Manchester, the city of Liverpool, the West Midlands and London. It is not open to other authorities. We have indicated that they can apply, like other authorities—and we discussed this with other authorities before we discussed it with Surrey—for 2018-19, when it is open to all local authorities, and they will then be eligible for that assistance.

Cambridgeshire and Peterborough Combined Authority Order 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 2nd March 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, if I may first make a number of declarations, I refer Members to my entry in the Register of Lords’ Interests and declare that I am a locally elected councillor and a vice-president of the Local Government Association.

The order before us is one of a number that we have considered in this House in recent weeks. As we have heard, it proposes to establish a mayoral combined authority, with that authority having control over a number of areas including transport, economic development, regeneration, housing and planning. It also provides for the governance arrangements to include a directly elected mayor. I am not opposed to the order per se but I have a number of comments and a few questions for the noble Lord, Lord Bourne of Aberystwyth.

I hope that the new arrangements will deliver better joint working between the authorities. Bringing them together in this fashion may foster stronger partnerships in other areas as well and in the wider East Anglia area, to which the noble Lord, Lord Lansley, referred. In general, however, I would be interested to hear from the Minister where the Government are going in respect of devolution. The order seems a little confusing and not very strategic at the moment.

I am not clear in general how the Government see these devolution deals going forward. I would be particularly interested in the response to the point made by the noble Lord, Lord Lansley, in respect of having four tiers of local government. He made a compelling point for the Government to answer there. I am also in full agreement with the noble Lord, Lord Tebbit, on the points he made in that respect, and with my noble friend Lady Hollis of Heigham. She made the point about having to have a directly elected mayor to get the transport powers, which is an issue for a number of local authorities.

When Manchester became the first combined authority it got much wider powers than we see here today, as it has powers in respect of the NHS and the police. Is that sort of deal off the table for the future or is some sort of back-door reorganisation being suggested? It really is not clear. I am not sure whether the sort of patchwork that we are getting all over the country is the right way to operate. Perhaps we could hear a little more about what the Minister thinks could happen after May. There appears to have been some change in attitude in respect of these deals with the change of government.

The report of the Secondary Legislation Scrutiny Committee raises a number of concerns, as my noble friend Lord Beecham and others have said. One or two of them are becoming recurring themes, which is not a good place for the Government to find themselves in. A concern raised before on other orders is the question of consultation done over the July and August holiday period. Whatever it is you want to get back, that is not the best time to consider consultation. Often people, especially those with families, will go on holiday once the children are off school and come back some time before September. If you want a meaningful response—a good number of responses—that is just not the best time to do it. I do not understand why the department insists on conducting consultations over that period; I suggest that we should never hold consultations then.

Will the Minister respond to the comments in the report about what would appear to be the selective approach to reporting results of the online survey? That is a serious criticism for the committee to raise. What does he say to the other criticism in the report, which compares the views taken by the department of this order and of the West of England Combined Authority Order? It turned that whole question on its head when it suited it in respect of this order. That is also a serious point for the committee to raise, not one the Minister should be happy about and something that he should not allow to happen in future.

It is probably not fair to say that there is a democratic deficit here, but it is fair to say that democracy is getting out of step with the services being delivered. There are four tiers of local government, it is not clear who does what, we have a patchwork around the country and there is the question of locally elected councillors and a mayor elected over a very wide area. That does not give continuity between the elected members and the services delivered.

With those contributions, I will leave it there and look forward to the Minister’s response.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on the draft order in relation to Cambridgeshire and Peterborough. I will do my best to cover the points made, and will take the contributions in the order in which they were made.

I turn first to my noble friend Lord Lansley, whom I thank very much for his support. I take his point about broader working outside the combined authority with, in this case, Bedfordshire, Hertfordshire, Essex and so on. That is incumbent on the authority concerned and I am sure it will bear that very much in mind. There was a recurrent theme picked up first by my noble friend about the various tiers of local government. It is certainly something that we need to watch like hawks. The point subsequently made by my noble friend Lord Tebbit about shared offices and shared officers makes a lot of common sense. I know that a lot of local authorities do that and is certainly something encouraged by the department and the Government at large. It makes a lot of sense, and I am sure that this authority and others will bear it in mind.

I turn to my noble friend’s point about paragraph 4 of the Schedule and the balance of power in a combined authority between the mayor, officials and elected members, a point subsequently raised by the noble Baroness, Lady Pinnock. I think the balance is right. The mayor does not have an overriding right to say, “We will do this”, but the mayor’s vote has to be included in the majority. That is carefully crafted: balances on these things are important.

I turn to the contribution of the noble Lord, Lord Beecham, who raised some strategic issues about the operation of combined authorities. Indeed, they operate in a strategic way. They are not in competition with local authorities, they are looking at issues of strategic importance. He will know that the Government are not imposing these authorities on people. That is not borne out by practice or even by the contributions to the debate. He will know from the experience of his authority that it can walk away from this. That is why Northumbria—Newcastle, Tyneside and Durham—does not have a combined authority. Some people did not want an elected mayor; there were differences of opinion between different parts of the area. The point made by the noble Baroness, Lady Hollis, illustrates this: Norfolk walked away because it did not want an elected mayor, for whatever reason.

Tees Valley Combined Authority (Functions) Order 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 2nd March 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

This is indeed a different case because they were single authorities. These are combined authorities and the expression of the democratic view is given by combined authorities. It is a policy difference. The noble Lord does not like that policy, but it is the Government’s policy.

[Lord Kennedy of Southwark]

I return to the issue of consultation. If we look at the order before us today and some of the ones we have seen recently, it appears that we have a kind of hokey cokey attitude to consultation, in that the Government go in and out depending on what they want. Actually, largely, they ignore what the consultation says. If they agree then that is great and if they do not they say, “Well we are sorry about that”. I am not sure if this is the right thing to do. I suggest that the noble Lord goes back to the department and the department comes back with some consistency in how the Government address consultation. It is all over the place at the moment, and even some noble Lords on the Bench behind the Minister think that it is not the way to operate.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, there is a great difference between a consultation and a plebiscite. This is asking not a simple yes/no question but a variety of questions. Of course we look at the consultation, but it is not a plebiscite on whether to go ahead or not. The noble Lord has not raised this point before and has supported such things. I am not sure whether he is now suggesting that the consultation should be regarded as a plebiscite.

[Lord Kennedy of Southwark]

I am not saying that. The point I am making is that these orders come before us quite frequently and sometimes the Government say, “Oh, isn’t it great that we have everyone fully behind us?”, and the next time they say, “Oh, sorry about that”, and they do not mention it. There seems to be an inconsistency in how the Government address consultation and whether they take it on board. That is my point and I suggest that the noble Lord goes back to the department and has a look at it. The way the Government use consultation seems odd. There is an inconsistency, and the department should look at that.

Business Rates: Revaluation

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 1st March 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I refer the House to my interest in the register.

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

My Lords, a significant majority of businesses will end up paying less as a result of the business rates revaluation and changes to relief. The generous reliefs we are introducing mean that 600,000 small businesses are set to pay no business rates at all. We have also confirmed £3.6 billion of transitional relief to help those companies facing increased bills. We are looking at the hardest-hit businesses ahead of the Budget.

[Lord Kennedy of Southwark]

Mary Portas has described the valuation as madness. The chief executive of Sainsbury’s, Mike Coupe, has called for the revaluation to be abandoned. The Federation of Small Businesses is against it. In Southwark, the borough I grew up in, one business in the north of the borough is facing a 50% increase in its business rates—which equates to £66,000 per annum or, to put it another way, three jobs at risk. Will the noble Lord agree to speak to his colleagues in the Treasury to impress upon them the concerns expressed and to make it clear that real substantive action needs to be taken in the Budget to deal with this problem and protect the high streets? Tinkering around the edges will not do.

[Lord Bourne of Aberystwyth]

Yes, my Lords. I should say, however, that the revaluation system has been a constant of life since the 1988 legislation, and three revaluations were held under the Labour Government on exactly the same basis as this one, at arm’s length. But the noble Lord is right: some businesses, particularly larger businesses in London, have been hard hit. My right honourable friend the Secretary of State for Communities and Local Government is speaking with the Chancellor and looking at possible options, and we can expect an announcement in the Budget.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Report: 2nd sitting (Hansard): House of Lords
Tuesday 28th February 2017 Lords Chamber

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

My Lords, I thank noble Lords who have participated in this debate, in which there has been a great deal of passion and much agreement. There is not anything that divides us on the basic tenet that we want to protect pubs. Where there is a difference is on the best way of doing that. There is no disagreement about the diagnosis, only about the remedy. One or two noble Lords were, perhaps, in error—or have expressed themselves ambiguously—on one point. If you are converting a pub to residential accommodation, you need planning permission; that is already the case and this would not alter that.

I thank the noble Lords, Lord Shipley, Lord Tope, Lord Scriven, and Lord Kennedy, and the noble Baroness, Lady Deech, for speaking so effectively to the amendments. I reaffirm that the Government do recognise the importance that local communities place on valued community pubs. I have experience of this because, in another life, I was co-chair of the All-Party Beer and Pub Group in the National Assembly for Wales— one of my more pleasant jobs there—and met regularly with CAMRA and the British Beer and Pub Association. I was pleased to set out in Committee the range of support that we are providing to some communities to enable them to purchase their local pubs and to enable other pubs to diversify. I take the point made by the noble Lord, Lord Bilimoria, that this is a package of arrangements. It is not a silver bullet; we have to look at the problem more holistically.

Our package of fiscal measures—scrapping the beer and alcohol duty escalators and freezing beer duty at Budget 2016—has supported all pubs. These measures have made a considerable difference and have been widely welcomed across the House and in communities up and down the country. Some noble Lords have made the point that some pubs are not viable and no amendment we pass will make them so. There are others which we should seek to protect. There are things we can do today, but whatever we do will ameliorate and help the situation, not solve it with a silver bullet.

As I said I would in Committee, I have continued to give consideration to the issue of pubs and assets of community value, to try to do something that will address this across a range of pressure points and issues. I have met with the Campaign for Real Ale—an excellent organisation for which I have great respect—and the British Beer and Pub Association. I have to say to the noble Lord, Lord Bilimoria, that it was clear from our meeting that they are much more of the view that we should have a review than that we should press this amendment. I was intent on listening to their views to see how the current arrangements work.

I am very keen to respond to the concerns that have been raised today, and it is clear that a delicate balance needs to be struck. Indeed, the evidence put forward by the Campaign for Real Ale does not necessarily point to permitted development rights as having the most significant impact on pubs. I am keen that we should look at this issue and the evidence available to us. It is clear from these conversations that the majority of pubs that change use do so following local consideration of a planning application in relation to residential development rights—or, in this case, non-rights.

Figures provided by CAMRA estimate that 90% of pubs changing use do require planning permission. Where this is the case, for example for the change of use to residential, there are strong policy protections for pubs. Paragraph 70 of the National Planning Policy Framework requires local planning authorities to deliver the social, recreational and cultural facilities and services that the community needs, including pubs. That is why it is important for local planning authorities to have relevant, up-to-date, local policies in place to support their decision-making.

In respect of the change of use or demolition of pubs under permitted development rights, as noble Lords will know, the current arrangements already provide protections for pubs that are valued by the community. As has been indicated in this debate, permitted development rights for change of use or demolition are removed from those pubs that are listed as an asset of community value for the period of the listing. I have had a look at the process of nominating as an asset of community value. It is not complicated and there is no fee attached to it. Communities have responded positively, and more than 4,000 assets have now been listed, of which over half are pubs; a “very large number” as the noble Lord, Lord Shipley, said.

That is a sign of success, not failure, but I agree that we have to see how we can do better. My starting point would be to look at the impediments to other pubs being listed as assets of community value. For example, it may be that some local authorities are not looking at this in the way they should. I thank the noble Lord, Lord Scriven, for coming up with some evidence, which we have certainly had a look at. That, together with other evidence I have heard, has persuaded me that we do need to consider the issue.

While we recognise the intent of the amendments, we cannot support them as such. However, that is not to say that there is no room for improvement. Clearly, there is. I believe that there is scope for improvement in the assets of community value area. I am pleased therefore to be able to offer—as an alternative to pushing this to a vote—that the Government will undertake an open and transparent review of the current arrangements in respect of assets of community value and the planning regime for pubs, including looking at permitted development rights. The review would start no later than straight after the local elections, with a clear commitment to report within six months—that is, to come back in the autumn with a view to taking action on whatever the review throws up.

We all want to protect assets of community value. The review would therefore look at the process of nominating and listing pubs as assets of community value—at how communities can better be supported to take advantage of the community right to bid and have a say in the future of their pubs, while appropriately safeguarding the rights of owners. We would invite detailed comments from communities, pub owners, local authorities and interested parties on where changes, improved guidance and other support would be helpful. This could include looking at whether there was a case for changing the planning rules—that would be part of the review.

For example, from my discussions it is clear that across the country there are inconsistencies of approach. The evidence brought forward by the noble Lord, Lord Scriven, demonstrated that and, of course, there are other examples of local authorities not applying the rules in the way they should. While decisions on whether to list a pub as an asset of community value are rightly matters for individual local authorities, we can look at whether further guidance for communities and local authorities would be helpful. In one case I heard about, a local authority did not want to list a pub because it served alcohol—which seems rather to miss the point of what we are seeking to do. So I would be keen to put a spotlight on cases like that and make sure that we get some sense into the system.

Alongside this, the review would consider the impact of the removal of permitted development rights for change of use—including the impact on owners. I would also be keen to look at issues around the raising of finance, which the noble Lord, Lord Kennedy, and others have raised. It is inconsistent; some financing bodies do not regard listing as an impediment while others do. The objective is to ensure we get best practice here. The review would enable us to look at this on a fairly short timescale and on a much broader front. This is not just about planning issues; it is broader than that. It is also about the assets of community value approach, which does work extremely well in many parts of the country. In the borough of the noble Lord, Lord Kennedy—indeed, on his doorstep—the Ivy House, where he is, perhaps, an occasional rather than a frequent imbiber, appears to be working very successfully. So there are examples that we can use to inform this review of where the approach is working extremely successfully.

I would be content to put on the face of the Bill that we will have a statutory review within the timescale I have indicated. I do not think I can be fairer than that. This would look at things across the range and come up with evidence not just on the narrow area of planning permission but around the assets of community value scheme—which all parties have signed up to as a valuable process—to see if we can find a way forward.

I have been pleased to engage with noble Lords on these issues. We have had some good discussions and we share the aim of doing something positive. However, I believe that a review within this tight timescale would be the answer. I therefore ask the noble Lord and other noble Lords not to press their amendments.

[Lord Kennedy of Southwark]

My Lords, I thank all noble Lords who have spoken in this debate. I am very grateful to them all. I agree very much with the comments of the noble Lord, Lord Scriven. His analysis of the problems experienced in Sheffield was very telling and highlighted that action needs to be taken. The noble Lord, Lord Bilimoria, was right when he spoke about the variety of food and drinks sold in pubs. I live in Lewisham and the pubs there have different offerings depending on their clientele. The amendment simply asks that those who want to convert pubs apply for planning permission, and I am delighted to have the noble Lord’s support.

The most reverend Primate the Archbishop of York spoke about the need to protect profitable pubs and I very much concur with what he said. My noble friend Lord Berkeley made an important point about the value of pubs to the community, and he mentioned in particular Cornwall, where he lives. The noble Lord, Lord Tope, highlighted the loss of local pubs by the conversion of an asset through permitted development and not because they are failing businesses. I am also very grateful to have the support of the noble Lord, Swinfen. I thank, too, the noble Lord, Lord Framlingham, for his supportive remarks. Like him, I have no shares in pubs, although I have spent quite a lot of money in them over the years.

I return to my earlier remarks about the visit to the House by representatives of the Royal Voluntary Service. They talked about how they would take people to a pub not just to have a drink but to meet their friends and family. They emphasised how that was an important part of getting people involved in their community.

The noble Lord, Lord Marlesford, was right: this is a modest proposal which simply allows the community to have a voice. The noble Baroness, Lady Deech, made an important point about the need to show that pubs are treated no less favourably or more casually than any other business.

That brings me to the comments of the noble Lord, Lord Hodgson of Astley Abbotts, with whom I did not agree. It was an interesting intervention but it did not address the substance of my amendment in any way. This amendment is not about propping up failing businesses. If a business is failing and cannot pay its way, meet its liabilities and return a modest profit, it will close. Nothing in my amendment seeks to change that, and it would have no effect whatever on the type of issue that the noble Lord raised. Not one word of my amendment would keep open a pub or business that was failing and not meeting its liabilities. It would simply close a loophole and ensure that, specifically on change of use, a planning application would have to be made and the local community would get to have its say. It would do nothing more and nothing less, and really should cause the Government no problems whatever.

I thank the noble Lord, Lord Bourne of Aberystwyth, for his remarks. I have great respect for him. He is an effective Minister and an effective operator in this House. He deals with all noble Lords with great skill and courtesy, as has been evident as he has taken the Bill through this House, and I am very grateful to him, as we all are. I have considered all the issues in today’s debate and in Grand Committee very carefully. I do not do anything by halves but clearly we are at the point of calling time on this debate, and I now want to test the opinion of the House.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, I will speak very briefly because I want to ensure that the noble Lord, Lord True, can get off quickly to his budget meeting tonight. I certainly support the noble Lord and the noble Lord, Lord Tope, in their amendment and I am sorry that I did not actually sign up to it; that was an omission on my part. I am also very glad to be part of this south London, all-party coming together, certainly on behalf of Labour-controlled Lewisham. We would be very much in support of the amendment in front of us here. The noble Lord has set out a compelling case, and I hope that the noble Lord, Lord Bourne, can respond positively to that. I know that he will certainly try his best and I look forward to his response.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords who have participated in the debate on this important amendment. I thank in particular my noble friend Lord True, who has been very committed to this issue. He has been a tireless advocate of change in relation to permitted development rights for office to residential and has been extremely generous with his time, both with me and with officials, particularly in sharing with us his experience in Richmond. There is no clearer indication of his commitment to his borough than that he is here this evening prior to going to the meeting on the all-important budget.

I also thank the noble Lord, Lord Tope, for giving his perspective from Sutton. I appreciate that this is largely a London issue. I do not know whether it is a particular issue in the borough of the noble Lord, Lord Kennedy, but it seems to be more focused on London than elsewhere—perhaps for understandable reasons.

Before turning to the detail of the amendment and what I am proposing, I will say a few words about why the Government see permitted development rights that support the delivery of new housing as an important tool in helping to address the current housing challenges the country faces. That is true of the Government, it is true of the department and it is true of the Minister, my honourable friend Gavin Barwell, although he does not believe that it comes without the need to act in particular instances. I do not think he sees this as a totally monochrome issue.

Homelessness Reduction Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

2nd reading (Hansard): House of Lords
Friday 24th February 2017 Lords Chamber

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

My Lords, I thank all those who have taken part in this Second Reading. I give a strong thank you to my honourable friend Bob Blackman, who has done sterling work in the other place; as we heard from the noble Lord, Lord Kirkwood, his has been an extraordinary success, not just in steering the Bill through the Commons but in achieving what he has in financial terms. Notwithstanding what the noble Lord, Lord Kennedy, suggested about the Bill coming without money, it has come with a significant amount of it. I congratulate my honourable friend on what he has achieved and thank him for being here today—it is good to see him.

I also thank the noble Lord, Lord Best, for giving a masterful exposition of the position in opening the debate on the Bill. He gave the unanswerable case for it, which I think all noble Lords have accepted without exception. I thank noble Lords for stating that they do not want to see any amendments coming forward, particularly the noble Lord, Lord Kennedy, who is opposite. I am very grateful as this is the way to ensure that this becomes law, which is what we all want.

This debate has shown the House of Lords at its best and made an unanswerable case for it, with all corners of the House and all political parties coming together for the common good. The noble Baroness, Lady Grender, made the point very movingly about the things that unite us, so in addition to the political parties we have had the right reverend Prelates the Bishop of Southwark and the Bishop of Rochester, and then, speaking on behalf of the armed services and others, the noble and gallant Lord, Lord Stirrup. There was then a powerful speech from somebody who really understands this area because he has lived it in a way that the rest of us have not: the noble Lord, Lord Bird, who has vast experience and wisdom on this area from the Big Issue and many other aspects.

From the legal perspective, we heard from the noble and learned Baroness, Lady Butler-Sloss, and from a ministerial perspective, the noble Baroness, Lady Armstrong, spoke of when she was in charge of exclusion policy. The noble Baroness, Lady Grender, of course led Shelter and my noble friend Lady Manzoor has vast experience in law and health. The noble Lord, Lord Kirkwood, spoke of his experience in the other place and of private Members’ legislation. The noble Earl, Lord Listowel, has, I know, vast experience and wisdom in this area. I am very grateful for the support that my Front-Bench colleagues, the noble Lords, Lord Shipley and Lord Kennedy, bring to the task of ensuring that the Bill gets on to the statute book.

The noble Lord, Lord Best, opened with a helpful overview of the Bill and why it is needed. As I say, I thank him for sponsoring such important and much-needed legislation, which is clearly supported by all parts of this House. I am proud that the Government have given their full support to the Bill. I say this tentatively now in view of what the noble Baroness, Lady Grender, said, but I believe that the number of statutory homeless acceptances is down from its peak in 2003. I will write to her, if I may, in relation to the data issue, copy that to all noble Lords who participated in the debate and put a copy in the Library. I could not agree more that we can operate as an evidenced-based Government only on the basis of reliable data. That is certainly what we want to do.

Mention has also been made of the role of other groups. Faith groups were mentioned, quite rightly, by the right reverend Prelate the Bishop of Rochester, who I know has taken a lead on this in the Church and done much in relation to homelessness shelters. On a recent visit to Peterborough, I was pleased to meet some of those providing support as part of the network he referred to. The right reverend Prelate the Bishop of Southwark also spoke, for example, of his experience of what is happening in Wandsworth and Croydon. I thank them because, whatever happens today, there is always a role for faith and voluntary organisations to come together. They are trusted, familial and responsive. They are a vital part of the fabric and mosaic in this area.

This important legislation will reform the support offered to everyone at risk of homelessness. People need a roof over their heads, a phrase which I think was used by the noble and gallant Lord, Lord Stirrup, about this basic human need. Local housing authorities will have a duty to provide support to all those affected, not just those covered under existing legislation. Services will focus on intervening earlier and working with people before they reach a crisis point. People facing a homelessness crisis will get quicker help to resolve it.

I particularly draw your Lordships’ attention to Clause 2, which was referred to elliptically and once or twice directly during the debate. This clause and its new section extend the duty on local housing authorities to provide or secure the provision of free advisory services. Services must be designed to meet the needs of particular groups including: in new subsection (2)(b), care leavers, who were mentioned by the noble Earl, Lord Listowel, and, in new subsection (2)(a), ex-offenders—I believe it was the noble Lord, Lord Shipley, who referred to people coming out of prison and youth detention. Victims of domestic abuse, mentioned by my noble friend Lady Manzoor, are referred to in new subsection (2)(d), as are those leaving the Armed Forces, who were mentioned by the noble and gallant Lord, Lord Stirrup, and others, in new subsection (2)(c).

On the point made by the noble and learned Baroness, Lady Butler-Sloss, I got the answer ready as she was going through her speech; she then presented the answer in reference to new subsection (2)(g). I agree that that subsection at the end of the new section should encompass the cases of overseas trafficked victims and victims of modern slavery. I would like to pick up that point in a letter, if I may. I will have a general letter to noble Lords who participated in the debate to pick up the various points made and any that I might miss—although I hope I do not.

The noble Lord, Lord Best, spoke of the new duty to prevent homelessness, which requires local housing authorities to help eligible applicants who are likely to become homeless within 56 days. This doubles the prevention period set out in existing legislation and, for those who are already homeless, the relief duty means that local housing authorities will work with them for up to 56 days helping them to relieve their homelessness, regardless of whether they are in priority need. These are essential sections—or clauses—of the Bill and demonstrate the potential that it holds to change the lives of some of the most vulnerable people in our society.

As the noble Lord, Lord Best, said, and he was echoed by others, the collaborative spirit in which the Bill has been taken forward is unique. I would like to share some detail on the positive outcomes that have been achieved through that approach. When the draft Bill was first published, the DCLG Select Committee and local authorities highlighted some areas of concern about the cost and burden on local housing authorities. Many of them were addressed in the Bill when it was introduced—for instance, removing the requirement to provide 56 days’ emergency accommodation for anyone who needs it, which was thought to be unworkable. The Government remain committed to helping those sleeping rough through our £50 million homelessness prevention programme and, in particular, the £20 million rough sleeping prevention fund, which was referred to by many noble Lords during the course of the debate.

This approach allowed the Government to support the Bill from an early stage and, critically, it ensured that local authorities are now supportive of the Bill. The collaboration has continued throughout the Bill’s passage in the other place with close engagement between my honourable friend Bob Blackman, the Government and other key stakeholders. Crisis was quite rightly praised for its role in relation to this legislation.

Mentioning Crisis leads me to say in relation to point made by the noble Earl, Lord Listowel, about Crisis, financial support and security that I will write him into the write-round letter so that that point is covered.

The importance of voluntary organisations, as well as faith bodies and the third sector, in support was mentioned. I shall not go through the list, other than mentioning Crisis, because it has played a special part in this legislation, but there are manifold examples up and down the country of local support from voluntary organisations, as well as the bigger names, if I can call them that, which do sterling work across the sector. I know we are all very grateful for what they help us to achieve and for tackling the scourge which this legislation will help with.

Groups representing landlords and local government were concerned about Clause 1. It tackles the bad practice whereby some local housing authorities—certainly not all of them—advise tenants facing eviction to remain in properties until the bailiffs arrive, which is clearly bad advice. Landlords were concerned that flexibility included in the original drafting could be misused by some local housing authorities to delay their obligations to help tenants. They and the LGA were concerned that the clause was too complex and could be misinterpreted.

The Government and Bob Blackman worked with landlord groups, the LGA and homeless charities to simplify the clause, while retaining the core principle that any applicant with a valid Section 21 notice that expires in 56 days or fewer is to be treated as threatened with homelessness. This should ensure that valuable opportunities to prevent homelessness are not lost and that households are more likely to get the help they need at the right time. We have also committed to working closely with stakeholders on the guidance around this clause and, indeed, all clauses in the Bill. Alongside this we will work with stakeholders to improve our understanding of the scale and nature of the issue and use that evidence to consider whether further action should be taken.

Clause 7 contains provisions to incentivise applicants to co-operate with their local housing authority and allows the prevention and relief duties to be ended where an applicant deliberately and unreasonably refuses to co-operate with steps in their personal plan. Following discussions, this clause was amended to remove wording that presented a wider formulation of the circumstances in which a notice could be given. This ensures that the bar is set suitably high and does not disadvantage vulnerable applicants who may find it difficult to engage with services in the usual ways.

To ensure the Bill contains the right incentives, Clause 7 was also amended to ensure that where an applicant refuses a suitable offer of accommodation at the relief stage, the relief duty will end and the applicant will not progress to the main homelessness duty. However, alongside this change further amendments were made to safeguard the protections for those with a priority need, including requirements and checks for the accommodation offer and a right to review the suitability of the offer. Where an applicant requests a review of the suitability of the accommodation they have been offered, in circumstances where the main duty does not subsequently apply, the duty to provide interim accommodation will continue until the applicant has been informed of the review outcome. As noble Lords will appreciate, this has been quite a complex issue to work through, but through active and constructive engagement Clause 7 now provides the right balance between incentives and safeguards.

Finally on changes to the Bill, during the Committee in the other place’s consideration of its detail, Members raised concerns about Clause 12, which extends the requirement to carry out additional checks to ensure that property secured with a private landlord under the new prevention and relief duties is in reasonable physical condition, safe and well-managed. As drafted, this protection was not extended to certain categories of those in priority need, including families with dependent children or pregnant women. In response, the Government amended the clause to cover all those with a priority need.

Turning to matters raised today, noble Lords asked valid questions about funding for local housing authorities. Let me repeat the commitment made by the Minister for Local Government, Marcus Jones, in the other place: the Government will provide funding of £61 million to local government to meet the new burdens costs associated with the Bill in this spending review period. We will also work closely with the LGA to develop a fair distribution model for the funding, reflecting the different need in different areas and the additional pressures and costs faced by councils in areas such as London. The final new burdens assessment will be published once this distribution formula is agreed and the Bill has completed its passage through both Houses.

The Minister for Local Government, my honourable friend Marcus Jones, also committed the Government to reviewing the implementation of the Bill, including its resourcing and how it is working in practice, concluding no later than two years after commencement of the substantive clauses of the Bill. I gladly repeat that commitment. In relation to Private Members’ Bills, I think these provisions are unique. Bob Blackman has done extremely well in negotiating them and they take us forward in an agreed away. I hope this provides assurance to noble Lords who have spoken today about the costs of the Bill and its implementation.

Noble Lords, particularly the noble Lord, Lord Bird, also talked about the underlying causes of homelessness and the importance of preventing it at a very early stage. That indicates how this is very much a cross-government issue. It is not confined to DCLG, as noble Lords reflected in contributions. It is far more wide-ranging than that. The Bill will certainly make a considerable difference, but nobody, including those participating today, believes that this is a silver bullet that will completely crack the issue of homelessness in our society, which is something all of us in such a wealthy country share responsibility for.

The Bill will reform the support offered to people facing the threat of homelessness or already at crisis point. The Government are also responding through the housing White Paper published by the Department for Communities and Local Government on 7 February. Key matters are out for consultation until 2 May, as noble Lords will be aware. The importance of the White Paper was mentioned by many noble Lords, including the noble Lord, Lord Best, in opening. In it, the Government acknowledge that the pace of housebuilding has been too slow for decades—this is not a problem that suddenly happened but one for which we all share responsibility—creating a housing market that is failing too many. When I say housing market, this is not just about purchase of houses, as the housing White Paper makes absolutely clear. There is a range of measures, as the noble Lord, Lord Best, correctly said: self-build, custom build, an emphasis on rental which did not exist previously, the need for council house building and so on. There are many weapons in the armoury to tackle the scourge of homelessness and we should not shun any one of them. As I say, I encourage noble Lords and others, through this debate, to participate in the open consultation.

As I say, the White Paper includes a number of measures that address homelessness. We are working with the British Property Federation and National Housing Federation to ensure that family-friendly tenancies of three years or more are made available, which is important. We will consult ahead of bringing forward legislation to ban letting-agent fees to tenants, which will reduce up-front costs. I pay tribute to the pioneering work done by the noble Baroness, Lady Grender, which exemplifies the importance of looking at what is happening in the rest of our country and learning from the devolved Administrations. Reference has already been made to Wales, and to Scotland in the case of letting fees. Within the department I have set up a forum which looks at devolved issues and in which representatives of all four parts of the country discuss issues. I will try to ensure that this is on the next agenda, although it is for Northern Ireland to put it together, as we have already had one meeting here in London. It is important to learn from devolved areas and to share our experiences as well, of course.

In implementing the Bill, the Government will also take the opportunity to learn from our existing programmes, particularly as we review and update the Homelessness Code of Guidance for Local Authorities, working with local housing authorities and others with the appropriate interest and expertise. The Government are committed to building up evidence and good practice through our £50 million homelessness prevention programme, which I have already mentioned. We are supporting 84 projects across all regions of England, to ensure that more people have tailored support to avoid becoming homeless in the first place and receive the rapid support they need to make a sustainable recovery from homelessness.

I referred to the need for all Governments to work across departments. Reference has been made to the Ministry of Defence and its success with the military covenant, which has certainly helped here. Noble Lords also raised concerns about the impact of the Government’s DWP-led welfare reforms. I will perhaps cover some of the detail of that by writing round, but will take up some of the points made by the noble Baroness, Lady Armstrong, about the local housing allowance policy and supported housing. We are of course ensuring that supported housing is not affected until I think April 2019 and then looking at a new funding model. I am very happy to offer to engage with the noble Baroness on this—I know we have previously had meetings on housing. I will try to pick up some of the points about social investment bonds and so on in the write-round letter. It is a point well made, and I am not disputing the importance of ensuring that if one government department does something, we are all marching in the same direction. That is entirely fair.

There are many reasons for homelessness, as I said earlier, and housing itself is only part of the solution. That is why I am pleased the Government are giving their full support to the Bill, because it is part of the solution. This important legislation rightly puts the focus on prevention and on working with people before they face a crisis. I apologise for mentioning the very old cliché that prevention is always better than cure, but it is a point that has been widely shared across the Chamber.

I think the noble Lord opposite is keen to get in, and I will finish by repeating my thanks to the noble Lord, Lord Best, for sponsoring this legislation so effectively and thanking the many organisations that have contributed to its scrutiny and improvement. I also thank my honourable friend Bob Blackman in the other place for seizing this opportunity with his Private Member’s Bill, and for doing such unique and pioneering work on an issue on which I think the whole country is in agreement. I certainly believe the House of Lords is. On behalf of the Government, I give their support to the Bill and discourage any noble Lord from putting down amendments.

[Lord Kennedy of Southwark]

I thank the Minister. I did not want to intervene but on his second point, I want to be absolutely clear that I did not say the Bill comes with no money. I said it does not come with enough money. I based that on the figures from London Councils and contrasted those with the Government’s funding today. I refer the Minister to the Hansard report of today’s debate.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord for that. The point I was seeking to make, although perhaps I did not make it as elegantly as I might have done, is that this situation is unique in terms of private Member’s legislation coming with any government money at all. I know the noble Lord welcomes that; equally, I understand that, speaking as he did as the 13th speaker, his welcome for it was perhaps always going to be muted. I accept his cry, which I suppose is usual from all opposition parties, of, “Let’s have some more money”.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I start my remarks by making my usual declarations. I refer the House to my register of interests and declare that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I too pay tribute to the noble Baroness, Lady Cumberlege, who has led on this issue with considerable skill right from the start of our deliberations. We are all grateful to her for that.

Everyone who has spoken, with the exception of the noble Lord, Lord Porter, has voiced support for neighbourhood planning. It is right for the Government to set out the policy and parameters—the broad aims of what they want—but it must surely be the job of the local community, local councillors, the parish and local planners working together to set out in the context of that overall policy what should happen locally. The noble Baroness’s amendment would do just that, with a number of sensible safeguards that should give comfort to the noble Lord, Lord Bourne of Aberystwyth. The amendment would place a duty on the Secretary of State to uphold neighbourhood plans, with the proviso that they can be overridden only in exceptional circumstances. The proposed new clause sets out clearly the responsibilities and how matters of national concern would not be frustrated by the neighbourhood planning process, which is a very important part to have in it.

Subsection (2) of the proposed new clause makes it clear that where it has been deemed necessary by the Secretary of State to override the local plans in the requirement to build additional homes, it must be done with regard to the local plan. Again this is a very sensible proviso, as surely we want any changes made locally to be done as sensitively as possible, and not to have some sort of fire sale where everything is up for grabs and no account is taken of the views of local people and the work that has gone into producing the local plan. It should not just be ignored in that respect.

Finally, subsection (3) of the proposed new clause makes it clear that it is the responsibility of the local planning authority, with the local community, to decide where it is best to have any additional required development. That is, as always, making sure the Secretary of State is setting out the broad policy parameters, but it is the local community, local councillors and the planning authority deciding the detail in the context of that broad policy aim.

I agree with many of the comments of the noble Earl, Lord Caithness. The noble Baroness made her case very well. I welcome the points made by the Minister in his helpful comments at the start of the debate, but I am not sure he has gone far enough. The noble Baroness referred to coming back at Third Reading. The Minister talked about policy and guidance and what they are doing in the department, but—perhaps he will come to this in a moment—I did not hear him say what, if anything, he will bring back at Third Reading. I look forward to hearing that.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on this amendment, particularly my noble friend Lady Cumberlege, who is rightly acknowledged to have worked with great skill, diligence and good humour on this subject. It has been a pleasure to engage with her in this area and to make some progress on the issues we have been looking at.

It may be helpful if I say a little bit to put the Bill in context before I turn to the amendment. It is almost five years to the day since the people of Upper Eden in Cumbria went to the polls to vote on the first neighbourhood plan. Since then, we have witnessed what some have called a quiet revolution around England with more than 2,000 communities taking the initiative to shape the future of their area through neighbourhood planning. During the passage of the Bill, we have listened to some passionate arguments seeking a stronger voice for communities in local planning decisions. Communities are at the heart of this Bill, and I have been keen to respond to that.

Last year, the Government committed to this legislation to give additional strength to neighbourhood planning because neighbourhood plans are a powerful tool that bring with them responsibilities, and it takes significant commitment and determination to produce a plan. I am very keen on this issue, hence my earlier comments about ensuring that there is proper preparation and help in putting together a neighbourhood plan, which I think is where some of the problems arise. I cannot say anything specifically about the situation of my noble friend because it is sub judice, but in general, I think having that assistance at a very early stage will help communities. We will do our level best to ensure that all communities going through this process are aware of the help that is available. As I have indicated, I am happy to continue to engage with my noble friend on this subject, and I will keep noble Lords informed of the progress of those discussions, which have been ongoing and fruitful in many respects. Much of what we are doing here we are able to do without legislative intervention.

There is no doubt about the importance of the issues raised by the amendment moved by my noble friend Lady Cumberlege and supported by the noble Lords, Lord Shipley and Lord Kennedy. However, it would fundamentally change our planning system by removing the ability of those taking decisions to exercise their judgment when considering the planning merits of the case and the evidence for and against a specific development proposal, and the Government could not support that. We need to remember that the essence of planning decisions, particularly those on individual proposals for development, requires choices to be made. There must be freedom for decision-makers to make such choices according to the circumstances of the individual case. I certainly support the ambition behind the amendment to reinforce the primacy of the development plan, which incorporates the neighbourhood plan but is not limited to it. However, this amendment would elevate the policies in a neighbourhood plan above any other policies in the development plan, regardless of the relative weight the decision-maker considers should be afforded to individual policies in the development plan. Furthermore, the amendment makes no allowance for whether the policies in a neighbourhood plan have been kept up to date to ensure that they remain relevant.

To reiterate the point I made in Committee, the law is already clear that decisions on planning applications must be made in accordance with the development plan unless material considerations indicate otherwise.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I am grateful to the noble Lord, Lord Shipley, and I apologise to my noble friend Lord Porter and the noble Lord, Lord Kennedy. It is indeed the district council that pays for this—that is absolutely right—on the basis that they have been funded for it. Perhaps I may write to the noble Lord, Lord Shipley, on the issue of determining what is reasonable—it may be a matter of dispute but it happens all over the place—place a copy in the Library and send a copy to all Peers who have participated in the debate.

[Lord Kennedy of Southwark]

We do not want the county council network deciding on arbitration.

[Lord Beecham]

My Lords, I am still recovering from the shock of the support of the noble Lord, Lord Lansley, for anything I have said in this Chamber, particularly on this occasion. However, I am grateful for his support.

I am not sure where the Minister is leading us on situations where county councils are involved or invited to become involved, because it is not clear what happens if they decline.

Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 21st February 2017 Grand Committee

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on these regulations and I will try to address the points they made in the order in which they were raised.

First, on the point made by the noble Lord, Lord Shipley, the definition of “housing-led development” is that the main purpose of the development is housing: that is central. I have much sympathy with the second issue raised by the noble Lord. As officials in my department know, I fight against acronyms and abbreviations every day, because they confuse me—and, I suspect, a lot of other people—so I will go away to reflect on that and look at our website to see how we make this more accessible for people than it is now or is generally the case. I have some sympathy with that point.

Turning to the contribution from the noble Lord, Lord Jones, I thank him, as always, for his courtesy. His point, I think, related to Regulation 5 and the hazardous substances authority. What we are doing here is tightening the restrictions. I know from how this operates in Wales, which I think is essentially the same as in England, that currently if planning permission is granted for a site, the hazardous substances authority, in designating how it can be used—for the storage of oil or whatever—has to consider whether there is planning permission in the vicinity. I am not sure of the precise definition of “in the vicinity”, but I will write to the noble Lord about that, as I suspect that there is a statutory definition of it. The authority has to take account of that and that restricts it, for very understandable reasons. This regulation extends that to permission in principle, in addition to the existing planning permission.

I therefore thank the noble Lord for his considerate and, if I may say so, balanced response—which brings me to the noble Lord, Lord Kennedy, who I thank for his qualified welcome and excellent impression of Eeyore during the first couple of minutes of his introduction. I know the noble Lord, and suspect that some of that was tongue in cheek. I will, however, address some of the points he raised about the regulations, starting with Regulation 2. This regulation is rooted in the community; a local decision is being made. This does not in any way run counter to the localism agenda. The choice about where to grant permission in principle is a local one. The local planning authority would make the decision in accordance with its own local plan and in line with the National Planning Policy Framework. That is a rigorous process, and I do not see anything unlocal, as it were, that runs against localism in that.

The noble Lord asked about Regulation 3, which amends the 1990 Act, and what it ensures. It ensures that in addition to current planning applications permissions, which are put on the register, permission in principle is put on the register as well. This extends transparency. Without this, it would not go on the register. I am sure the noble Lord welcomes that provision, possibly in a rather muted way.

Regulation 4 amends the Planning (Hazardous Substances) Act. I think it was the noble Lord who asked about “vicinity”, and I will ensure that that is covered in a letter to noble Lords who have participated in the debate, as I am not quite sure of the definition. I think there is a fairly tight statutory definition.

The noble Lord then raised an interesting point on Regulation 5, which amends the Commons Act 2006. This is not a new procedure. There are trigger events at the moment—I think they operated under the last Labour Government as well—that, for understandable reasons which I would certainly support, put a halt to registering something as a commons when planning permission has been given for it. I do not think that that is unreasonable, as you have given planning permission. If the planning permission lapses or is withdrawn, the land is available once again for commons registration. That seems to me to be entirely sensible. It is a pause, and the same applies here. This extends the process to permission in principle—dare I say, mutatis mutandis? That operates on both sides, that one. The noble Lord, Lord Beecham, raised points on this issue and I will have to write to him on those. As he said, the issue was raised in the Commons, and he makes a very fair point about making clear what we are going to do in this area. I will write to him on that issue and copy noble Lords in. I thank noble Lords who have in general given a welcome to these regulations.

[Lord Kennedy of Southwark]

I thank the Minister for his welcome of the points I made. We are clearly going to have a number of these regulations over the next few weeks and months, and that is fine. We will debate them. However, we will come back to this point, and I make no apology for raising it. If you want to look at how to put legislation through Parliament, the Housing and Planning Act—I know the Minister was not in the department at the time and had no input whatever—was not a good example. It was rushed through, and here we are, a year later. It was not a good way of doing things. I make no apology for raising that. I am sure there are many examples of where the Labour Government did something similar. I am not suggesting it is only one party, but we need to look at how we make legislation. This Act was not a good experience for Parliament or for the department.

[Lord Bourne of Aberystwyth]

I thank the noble Lord for the constructive way he is offering to share the blame on legislation that fails to meet the objectives of being open, transparent and non-rushed. I hope that the process will be followed. I thank the noble Lord and the noble Lords, Lord Beecham and Lord Shipley, and other noble Lords for the way we have engaged on the Neighbourhood Planning Bill. It is a model for others to follow. These regulations are wholly sensible, as I think the noble Lord accepts, and are consequent on measures that we know make sense in ensuring that we build more houses in our country.

Motion agreed.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017 Grand Committee

[Lord Kennedy of Southwark]

My Lords, we have discussed this group of amendments for over an hour, so I feel that we are getting close to “closing time” on it. However, I wish to make a few brief comments. I join the noble Lord, Lord Cameron of Dillington, in paying tribute to Pub is the Hub. It is a great organisation for the very reason it has kept village pubs going and offering all sorts of other services. That is an excellent initiative. I first saw a pub being used as a corner shop, post office and other things in the Republic of Ireland. Many pubs in Ireland—or bars, as they are called there—do that very successfully.

CAMRA is a great organisation. I am sorry that it appears to have irritated the noble Lord, Lord Hodgson, perhaps in a previous life. CAMRA’s website used to boast that its membership was bigger than that of any political party in Britain. It now says that its membership is bigger than all but one, that being the Labour Party. That has involved us in all sorts of other issues that I shall not enter into today. However, I noted that interesting change on CAMRA’s website.

I very much agreed with most of the comments made by many noble Lords on this issue. However, the noble Lord, Lord Hodgson, may have misunderstood our amendment. Nothing in it seeks to keep open a failing pub, and noble Lords seemed to support that. A failing pub will close. I accept the point he made about how things have changed. I grew up in south London and when I was a young boy there was a pub on every corner of almost every street in my area. Most have gone. One or two are now hotels and some have been converted into houses or shops. The noble Lord is absolutely right that life has changed in that regard. He was also right about supermarkets. Certainly, on a bank holiday weekend, you cannot get past the beer mountain as you walk in the door. Equally, people have other leisure activities, so certainly pubs have changed. However, I still think that a successful community pub, whether in a city, town or village, which works well deserves our support. There is nothing in the amendment about pubs that are not successful.

A Leicester City v Derby match has been mentioned. I am interested in the result of that match as the winner will get the pleasure of playing Millwall at The Den in the next round of the FA Cup. I know that people will watch that match with interest tonight in pubs all over Lewisham. They will perhaps do so in a traditional pub such as The Rising Sun. However, further down the road from that pub is The Talbot which serves excellent food, so different pubs cater for different uses. It is important to come back to this issue.

As regards the ACV issue, I am sure that when the Minister talks to representatives of CAMRA they will be able to give him examples of councils which, for whatever reason, do not want to use this power or have frustrated local publicity campaigns. I can give him the relevant names. I hope that the Government will consider how they can deal with that as it is an issue.

The other point is about being able to raise finance. If a pub is listed as an asset of community value, and the landlord or the owner wants to raise some finance but finds problems as a result of being listed, that is an unintended consequence. I hope that CAMRA can give examples of that and we can look at how to change it. It cannot be right that listing your local pub could cause the business problems. We need to deal with that as well.

I thank other noble Lords, including the noble Lord, Lord Bourne, for his response. I look forward to meeting CAMRA and hopefully I can talk to the noble Lord between now and Report. As I said at Second Reading, I fully intend to bring this or a similar amendment back on Report and will be very likely to push it to a vote unless we get some movement from the Government. We have raised some important issues, and as the noble Lord will have seen in today’s Grand Committee, we have support all around the House on this. Given that, I beg leave to withdraw the amendment.

[Lord Bourne of Aberystwyth]

If the noble Lord has information independently of CAMRA ahead of the meeting, that would be useful, to avoid delaying things, as CAMRA might not come with that information. I should also have noted a rare moment of accord—actually not that rare—with the noble Lord, Lord Beecham. Leicester City is my first team, and has been since childhood. I look forward to the occasion, after we beat Derby, when we come to Millwall. Perhaps we might share the experience over a pint of beer on that occasion.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Kennedy, for raising this matter, and the noble Lord, Lord Scriven, for his intervention on Amendment 64A. Noble Lords have raised a valid issue. Large-scale national infrastructure projects are, of course, crucial to the economic health of the nation. We must always recognise that national infrastructure will have impacts, positive and sometimes negative, on local areas. Our existing legislation provides planning policy and guidance together with any endorsed recommendations made by the National Infrastructure Commission and provides the means for ensuring that local planning authorities and neighbourhood planning groups are aware of national infrastructure projects in their area.

The importance of national infrastructure is already recognised at the local level. The National Planning Policy Framework in paragraph 21 and planning guidance provide that the local planning authorities should identify the need for strategic infrastructure in the policies in their local plans. Once adopted, local plans form part of the statutory development plan for the area, which is the starting point for planning decisions. Further to this, paragraph 162 of the framework makes it clear that local planning authorities consider and take account of the need for strategic infrastructure, including nationally significant infrastructure within their areas.

On 24 January, the Government published the National Infrastructure Commission framework document that sets out how the commission will operate, making it clear that the commission has operational independence to make recommendations as it sees fit, and on the basis of robust evidence will advise government on all sectors of economic infrastructure, operating independently and at arm’s length from government. This includes discretion to engage with stakeholders as it sees fit, and to address commission recommendations to the most appropriate bodies, including local planning authorities.

I value, as do the Government, the support of the noble Lord, Lord Adonis, as chairman of the National Infrastructure Commission, and of my noble friend Lord Heseltine as a commissioner in helping to set out national infrastructure policies. Many of the infrastructure projects that may be proposed by the National Infrastructure Commission will in due course need to seek development consent as nationally significant infrastructure projects under the Planning Act 2008. This planning regime already requires significant local engagement and consultation; applicants are required to engage and consult local communities and local authorities from the outset, with local authorities having a role in assessing the adequacy of that consultation. Once an application for consent has been accepted, it will proceed to an examination. Anyone can make representations to the examining authority on any aspect of the project; local authorities are also able to submit local impact reports that set out the impact of the proposed infrastructure in their local area.

I hope that this reassures noble Lords that sufficient mechanisms are in place so that local authorities and local communities will be able to engage with national infrastructure projects, both when they are being considered by the National Infrastructure Commission and when they come forward through the planning process. I think that the noble Lord, Lord Adonis, and my noble friend Lord Heseltine are very happy with how things are operating. As I say, they are at arm’s length; they are not an arm of the Government.

I turn to the specific part of the amendment on advice to those preparing a neighbourhood plan. As I explained during our debates last week, local planning authorities have an existing duty to advise or assist neighbourhood planning groups. Clause 5 will ensure that authorities must set out the support that they can provide in a more transparent way. When a national infrastructure project is relevant to a neighbourhood planning group, we would expect the local planning authority to advise the group accordingly.

I appreciate that this is a probing amendment, but I say to noble Lords who have participated in the debate and more widely that we do not think that this is the way forward, and I urge the noble Lord, Lord Kennedy, to withdraw his amendment.

[Lord Kennedy of Southwark]

I thank the noble Lord, Lord Scriven, for his contribution to the debate. I fully accept the points that he makes; he said what I want to do here but more succinctly and clearly. I also thank the Minister for his response to the amendment. I shall reflect on what he says and may or may not bring the amendment back on Report. I see the point that he makes. We are raising the issue of how the National Infrastructure Commission deals with local areas and planning authorities. I beg leave to withdraw the amendment.

West of England Combined Authority Order 2017

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 7th February 2017 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I make my usual declaration as a local councillor and as a vice-president of the Local Government Association. I apologise to the House for not having made that declaration in the previous debate.

The order before us today creates, as we have heard, a West of England Combined Authority. I have no issue with the creation of combined authorities per se, and the order is standard in that respect and similar to those that have been agreed in many other parts of the country, all of which are going to the polls this May.

I shall confine my remarks to the report of the Secondary Legislation Scrutiny Committee, which raises a number of issues that the House will want some answers on. Does the noble Lord think that a sufficient level of support for this authority has been demonstrated? Does he regret that north-east Somerset decided not to implement the deal? The noble Lord, Lord Shipley, raised important points in respect of transport and how that is going to work. As he said, this is effectively the old county of Avon. Does the Minister agree that the period between 4 July and 15 August may not have been the best time to undertake a consultation and maybe some other time should have been thought of? Does he think that the feeling of some residents about not wishing to re-establish Avon, or the election of a “metro mayor” have been particular problems? I am conscious that this is not a huge area and Bristol has recently elected a mayor. Bristol now has its second mayor, so there will be two mayors in quite a small area. Having real levels of support for the new governance model is of course really important. What does the Minister think about the conclusion of the report of the Secondary Legislation Scrutiny Committee, at paragraph 9, about the level of support? Has enough support been demonstrated?

I want this to succeed. As my noble friend Lord Beecham said, we do not intend to oppose the order today and we obviously wish the combined authority success, but when some orders that come before the House do not have as much support as others, that is a matter for concern.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate on this draft order relating to the west of England. I shall try to pick up the points that were made.

The noble Lord, Lord Beecham, said that most of the local government changes that have happened have happened under Conservative Governments. That is probably because most of the time we have had Conservative Governments in this country, for reasons we all know. This is not being imposed, as he suggested. It is not being imposed at all. It is up to the relevant councils to agree to it. I wish they were all Conservative councils in places such as Teesside, Manchester and Liverpool, but that is far from the case. So this is not something that is imposed; it is something that those leaders and those councils have wanted.

Perhaps I might say gently that the Labour Party needs to make its mind up on whether it wants these deals or not. There did not seem to be much of a welcome, other than to say it will not oppose it. This has been carried out according to the letter, in every respect. Nevertheless, I will try to answer the points that have been made. I have the greatest respect for the noble Lord, Lord Beecham, and I am very fond of him, but he often appears to be, as I think I have said before, a Victorian undertaker praying for a hard winter. We had a somewhat dismal litany of points. There we are, counting the corpses as we speak. It is wholly misleading to compare the investment fund of £900 million over 30 years with our proposed overall finance settlement for local government, which is flat in cash terms for 2019-20. That is an invalid comparison.

The noble Lord, Lord Shipley, gave the order a warmer welcome. He referred to the strong economic performance of the area, which is absolutely right. He asked some specific questions, particularly concerning North Somerset—it is North Somerset that has decided not to participate, not north-east Somerset—and how this would be carried forward in relation to transport. The councils of the combined authority have given an indication that they want to work with North Somerset in relation to transport and many other functions. I anticipate that there will be a sort of associated status there. He also asked whether the mayoral split with the combined authority was the same as in other areas, such as Manchester and Liverpool. Each deal is bespoke but, mutatis mutandis, I think it would be the same sort of balance but with slightly different powers moving between the different bodies.

I thank my noble friend Lord Cope, who indeed gave distinguished service in the other place as Member for Northavon and recalls very well the days of Avon County Council, for his warm welcome for what we are seeking to do. I very much appreciate that.

The noble Lord, Lord Berkeley, broadly welcomed the concept of the mayor. Cornwall has status here because we have had devolution in Cornwall. I suppose it is a combined authority, as I found out, because it combines with the Isles of Scilly in this respect. The point made by my right honourable friend in another place in relation to money for Cornwall was not, as perhaps was faintly suggested, that you get more money if you sign up to a mayor. If you have a mayor, the powers that will be devolved are that much greater. The Cornish settlement does not involve the transfer of as many powers as this one.

[Lord Bourne of Aberystwyth]

So it is not part of the Cornish deal? In that respect, it could not be called the West of England Combined Authority because it is not combining with anybody so I do not think it can lay claim to that title. But I take the point, which was probably made slightly tongue in cheek.

Additional money was committed to Cornwall just last week—I know because I was the one who announced it—in relation to Cornish language and heritage, which I know the noble Lord would want to welcome. The point here is that added responsibilities will result in added money.

Not every devolution deal is in an urban area. Some deals are progressing in relatively rural areas, such as Cambridgeshire. I appreciate that the towns in Cornwall are perhaps not as large as Cambridge or Peterborough, but it is substantially a rural area. So there are rural areas that are interested in proceeding with this and we are very happy to talk to those that want to do so.

The noble Lord, Lord Kennedy, spoke about the timing of the consultation. I take the point that complaints are often made about consultations. It is difficult to get the timing precisely right. If I may correct one small point that I think he made, he said that all the elections are happening in 2017. I believe that, because of Doncaster, in Sheffield they will be in 2018 but that is a minor point.

If I have missed any points, which is always possible, I will pick them up in correspondence and write to noble Lords who have participated. This is something that the people of the area, through its elected councils, want. It will enhance what the West of England, an area of great success and great potential, is able to do. We should welcome the order and I commend it to the House.

[Lord Kennedy of Southwark]

We are very happy from these Benches for local government to agree arrangements that it is happy with—arrangements that can actually improve the service delivery in their area, bring economic development and grow and enhance that area. Our particular issue is the paltry level of funding provided for these authorities, as my noble friend Lord Beecham highlighted.

[Lord Bourne of Aberystwyth]

I thank the noble Lord for that clarification but, again, many Labour councillors and Labour leaders in areas such as Liverpool, where there are perhaps not so many Conservative councillors and leaders, must be taking a contrary view. They must see some benefit to this or they would not be proceeding.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 3rd sitting (Hansard): House of Lords
Monday 6th February 2017 Grand Committee

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who participated in the discussion and debate on these non-government amendments—specifically my noble friends Lord True and Lady Hodgson, the noble Lords, Lord Kennedy, Lord Shipley and Lord Judd, and the noble Baronesses, Lady Parminter and Lady Andrews.

Before I address each of the amendments tabled by the noble Lords, I will make some generalised points about the position regarding pre-commencement conditions. The absence of pre-commencement conditions does not mean that one can start work automatically. The pre-commencement conditions, once agreed—or if there are none—enable the developer, for example, to raise finance and perhaps to put a construction team together with the security of knowing that he is likely to have permission, but it does not mean that the work will begin. Nor do the provisions of Clause 12 prevent local authorities with gumption—which is most of them, and many noble Lords here represent them—from agreeing conditions. It absolutely provides that conditions can be reached by agreement with the developers and this is what would happen in many cases. We make it absolutely clear that this is not preventing agreement between the parties, which I am sure would happen in the vast majority of cases.

Let me deal with the amendments in numerical order, if I may, so that I do not come to that of the noble Baroness, Lady Parminter, until later. I note that Amendment 29 was also tabled in Committee in the other place. The explanatory statement accompanying it explained that the intention, which was also made clear by the noble Lord, is to ensure a local voice in judging local circumstances and the impact of planning decisions. This intention is admirable, and it is absolutely the Government’s aim that the planning system remains centred on community involvement.

Subsection (1) is about ensuring that the well-established policy tests for conditions are adhered to. The proposed power for the Secretary of State to prescribe what kind of conditions may or may not be imposed, and in what circumstances, may only be exercised as provided by subsection (2) where such provision is appropriate for the purposes of ensuring any conditions imposed meet the policy tests in the National Planning Policy Framework. Those tests are reflected in the wording of subsections 2(a) to (d) of new Section 100ZA, which means that the Secretary of State can only use this proposed regulation-making power to ensure that any condition imposed on a grant of planning permission seeks to make the development acceptable in planning terms—in other words, that it is consistent with the National Planning Policy Framework —is relevant to the development and to planning considerations generally; is sufficiently precise to make it capable of being complied with and enforced; and is reasonable in all other respects. In other words, the Secretary of State may make provision in regulations only if such provisions are in pursuit of those policy tests.

For example, as set out in the Government’s consultation on these measures, we are considering prohibiting conditions that planning guidance already advises local planning authorities should not be imposed. These include conditions which unreasonably impact on the deliverability of a development, such as disproportionate financial burdens; which require the development to be carried out in its entirety; and which reserve outline application details. The Government have no intention of using this power to prohibit the use of any reasonable and necessary conditions that a local authority might seek to impose to achieve sustainable development in accordance with the National Planning Policy Framework, including conditions relating to important matters such as archaeology and the natural environment. The Government believe it would be detrimental to the planning process for regulations made under new Section 100ZA(1) to provide for local authorities to make exceptions to the prohibition of the use of certain conditions. To do so would create uncertainty for applicants and additional bureaucracy.

In fact, during our consultation on this measure, local authorities agreed overwhelmingly that conditions should be imposed only if they passed each of the national policy tests. As an assurance for local authorities and other interested parties, subsection (3) of new Section 100ZA includes a requirement to carry out a public consultation before making regulations under subsection (1). It is fairly clear what a public consultation is, and if a national condition is being talked of you would expect a condition on a national basis. If it is more localised—one cannot generalise: cases may differ; they will not all be the same—it will be dealt with according to the law regarding public consultations. I may write to noble Lords to reassure them on how that issue will be addressed, but the Bill makes it clear that, in talking of a public consultation, there is no intention to make this exclusive, and the local authorities will certainly be involved. That will afford the opportunity for local views to be put forward as part of the process of determining how the power will be exercised.

[Lord Kennedy of Southwark]

Perhaps the Minister is going to deal with this issue later, but nobody here, including me, wants to impose a single unnecessary condition on any planning application. I would not do that, and nor would other noble Lords present. However, the Minister seems to be describing quite a bureaucratic process for the local planning authority, and I wonder whether he is creating more of a problem than the one he seeks to solve. What we have yet to hear from him is the list of all these councils and planning committees throughout the country that are creating all these conditions. I do not know where they are, and if this measure is so needed, I hope he will give us an extensive list of all the offenders and what they are doing. We have yet to hear that from the Minister or any of his colleagues.

[Lord Bourne of Aberystwyth]

My Lords, I have covered only one amendment so far. I appreciate that the noble Lord is making a central point and I will seek to respond to it, and if there are other points that he wants to bring up towards the end of our consideration, I will be happy to deal with them.

On Amendment 31, I recognise that there are concerns around the impact on sustainable development, which is evidenced by the fact that this amendment was also put forward in Committee in the other place. However, I need to be explicitly clear that the clause is not aimed at conditions that are necessary to achieve sustainable development. I reassure the noble Lord that appropriate protections for important matters such as heritage, the natural environment and measures to mitigate the risk of flooding will be maintained. If the planning authority in question is unable to come to an agreement with the developer it is obviously the case, just as it is now, that planning permission will not be granted. What we are seeking to do is bear down on those conditions that we think are not appropriate and do not need protection.

It may help noble Lords if I give some background to the same issue when it was raised in Committee in the other place by Roberta Blackman-Woods MP, the honourable Member for the City of Durham, who was concerned about a situation where a condition prohibited by the Secretary of State makes the development acceptable in planning terms but makes it unacceptable in social, economic or environmental terms. The purpose of the planning system as set out in the National Planning Policy Framework is to contribute to the achievement of sustainable development. Sustainable development is recognised as being comprised of three distinct dimensions: economic, social and environmental. Each of these aspects is capable of being material in a planning decision. This amendment would remove a key element of new Section 100ZA(2) which ensures that the Secretary of State can make regulations only under subsection (1) in order to ensure that any conditions imposed are necessary to make development acceptable in planning terms. Subsection (2) is important as it constrains the power in subsection (1) so that it can be used only to ensure that any conditions imposed meet the well-established policy tests for conditions in the National Planning Policy Framework. To recap, paragraph 206 of the framework states:

“Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects”.


This, as well as subsections (2)(b) to (d) are key safeguards to ensuring compliance with the policy tests, and I therefore believe that the amendment could run contrary to the noble Lord’s intention.

In addition, if by removing subsection (2)(a) noble Lords are seeking to ensure that conditions cannot be overlooked because they are unacceptable for other reasons, the existing drafting of subsection (2)(d) already adequately provides for this in its requirement for conditions to be reasonable in all other respects. Finally, as noble Lords are aware, before making regulations under subsection (1), as I have said, we are required to carry out a public consultation as set out in subsection (3). I appreciate the point made by my noble friend Lord True and others that perhaps it would be of assistance if I set out in a letter following today’s Committee session exactly how we expect the public consultation to play out, but it will give anyone with an interest an opportunity to be heard and for their views to be considered.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, I agree with almost everything the noble Lord, Lord True, has just said. I thank the Minister for his very full response, which is much appreciated. I agree with him—I do not want any conditions imposed, including those he termed “necessary”, “relevant”, “enforceable”, or “reasonable”. I think everybody in the Committee will be in agreement with that—there is no problem there whatever. He also said that these pre-commencement conditions are not necessary. That is good to hear, but I worry that at the end of the day this will all be either so vague that it will not make any difference or so detailed that it will threaten sustainable development. I am not clear about what I have heard from the Minister. I hope he will respond to us in his letter about where we are going because I certainly want to see development take place that is sustainable, that we learn from the lessons of the past and that we get things built properly.

I may have misheard him, but will these discussions between the planning authority and a developer or an applicant take 10 days—someone else may have said that—and if not, how long should that go on for? He is determined but, as the noble Lord, Lord True, said, the risk is that nothing is agreed and that everything goes straight off to the appeals process. That is not delivering development by consent—certainly not sustainable development and not development that is in accordance with the local neighbourhood plan, or the local development plan. I live in London, as the noble Lord, Lord True, does. Certainly, in my own ward we are developing a neighbourhood plan and we are putting hours and hours of work into that. It seems daft that if we agree something, we could then find it all just pushed to one side. I do not know what the Minister can say now, but I certainly look forward to seeing his letter.

In a moment we will debate whether Clause 12 should stand part of the Bill. I look forward to the Minister’s letter because we have still not had the list of rogue authorities. At the moment, I am convinced that the clause is a sledgehammer to crack a nut. We have had one or two problems with plugs and things but these are not massive. If there were these problems, the noble Lord would have listed them in his contribution; maybe they will be in his letter, which I look forward to.

[Lord Bourne of Aberystwyth]

My Lords, I thank my noble friend Lord True for his response. Yes, it is the intention of the Government and I think we have demonstrated that we are keen on consensus in this area. We want to give power to neighbourhood planning; that is the essence of this legislation. However, we do not want to hamper developers and, therefore, housebuilding—which is central to all our aims—with unnecessary pre-commencement conditions. As I have indicated, it is absolutely right that these conditions can, and in many cases should, be agreed between an applicant and the authority. But we do not want to prescribe from the centre situations where this has to be the case. I will seek to enlarge on that in the letter I am writing. I will also, in relation to the plea from the noble Lord, Lord Kennedy, seek to give further evidence of the unreasonableness of some pre-commencement conditions, because that lies at the root of why we are seeking to bring in these powers. I ask noble Lords not to move their amendments.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

Yes, it is imminent. Before I respond to the specific amendments in the group, I want first to echo what has been said. The Government recognise the impressive performance of local planning authorities up and down the country. We have certainly asked much of them in terms of getting Britain building, delivering new homes and providing the employment that will drive our economy forward. There is no doubt that we will want still more from local authorities, and that is why this issue is going to be addressed in the White Paper. I think we all agree that this is a matter of great importance and I am pleased that the White Paper will set out how it can best be addressed. I hope that noble Lords will participate in the discussion on it.

I thank the noble Lord, Lord Kennedy, for his introduction, and my noble friend Lord True for talking about the current position, which I understand. Let me turn to my noble friend Lady Gardner’s amendment. As she indicated, it is perhaps slightly different from the other amendments in the group. It seeks to enable local authorities to charge fees that exceed cost recovery in respect of their planning functions. It is an interesting proposal but not one I can imagine would be immediately attractive to the applicant. We are certainly clear that the principles on handling public funds mean that when we set fees, such as those for planning applications, they should be set at cost recovery, and that is what we aim to do. Under the Local Government Act 2003, local authorities have the power to charge for discretionary services up to the level of cost recovery at present. I know many local authorities have chosen to use this power to charge, for example, for giving pre-application advice on planning applications. I think that that deals with those situations.

I turn now to the points raised by noble Lords who spoke to other amendments in the group. The points were essentially the same, but let me say something specific about the new burdens issue, which is slightly different and was picked up in Amendment 57 in the names of the noble Lords, Lord Kennedy of Southwark and Lord Beecham. It seeks a requirement to consult local planning authorities on the burdens imposed by new statutory duties before commencing those measures. This raises an important principle and one I am happy to acknowledge. I recognise it is a priority to ensure that planning departments have resources to provide the service that applicants and communities deserve. As noble Lords will probably be aware, we have a long-standing mechanism in place through the new burdens procedure, which has crossed successive Governments, to consider and make provision for funding to local authorities for any additional work arising from new statutory duties. The approach to new burdens provides that when the Government introduce new responsibilities and statutory duties on local authorities, these must be properly assessed and fully funded.

As a matter of routine we discuss new policies with the Local Government Association and value the insight that it brings to the table. All the measures in the Bill have been considered against this doctrine and we do not believe that the burdens in the Bill, if there are any, are expected to have a significant impact on local authority resources. We are committed to working with local authorities to find ways of securing the finance, people and skills they need to maintain strong planning departments. As I said, this has to be seen in the context of the imminent housing White Paper. I hope noble Lords will recognise that these amendments seek to place in the Bill powers and mechanisms that the Government already have and that these matters will, as I said, be reflected in the imminent housing White Paper. On that basis, I hope that the noble Lord will agree to withdraw the amendment.

[Lord Kennedy of Southwark]

My Lords, I thank all noble Lords who have spoken in this debate. I very much agree with the comments of the noble Lord, Lord True, that these issues need to be addressed. There is cross-party agreement at local government level that it is important we do that. I hope that the noble Lord, Lord Bourne, both here and outside the Committee, hears that. If costs are not recoverable and the planning officers cannot do their job, then of course all that we are debating here—the desire to move things on as quickly and efficiently as possible—risks coming to nothing or very little. The noble Lord, Lord Scriven, also highlighted the need for these costs to be covered and the issues for local government to be addressed.

The noble Lord, Lord Tope, spoke about the need to keep planning officers, and I very much agree with that. There are many noble Lords in Committee today who are members of local authorities, some in and some outside London. It is the same for planning authorities. I bet the Minister could visit any authority and he would hear the same thing, no matter which party controls or does not control it. There is real pressure on the retention of planning officers and around recovering the costs involved. It is a huge problem. I hope the noble Lord hears what we are saying and will reflect on it. I hope that he can come back to us with something, perhaps on Report.

As always, the noble Baroness, Lady Gardner of Parkes, has highlighted some issues; she understands these matters very well and picks up on them incisively. I hope we can come on to them at some point, but my first concern is getting these basic costs covered. Perhaps we can have discussions in future about whether people want to pay extra to get things done more speedily, but for now the priority is getting these costs covered and getting planning departments to function properly. Having said that, at this stage I am happy to beg leave to withdraw the amendment.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Grand Committee

[Lord Kennedy of Southwark]

I thank the Minister. Before withdrawing the amendment, I would like to raise one or two points with him. The Article 4 direction is not widely used and is not that easy for local authorities to use. The Minister said that Amendment 44 goes far too wide. I thought that it was for the Government to set the broad parameters of policy and then for local authorities to apply it locally. I would not expect the Government to be very specific but I do not see why they would not want to give a wider power, with an authority then looking at how it applies locally and impacts locally. I would welcome further comment on that.

On Amendment 14, I am very pleased that the Minister was able to respond in respect of the first four items in paragraphs (a) to (d) and I thank him for that. However, there are the other items listed in paragraphs (e) to (i), and I do not know whether he can comment on those. I draw his attention, in particular, to paragraph (h), which refers to air quality. Deaths from poor air quality are now regularly reported on in the media, and that is a particular problem in London and elsewhere. If development were to take place on a former industrial area, that could be an issue.

Paragraph (e) refers to minimum space standards. One development that I know of is Lewisham House in Lewisham—the old Citibank tower. It is not the most attractive building in the world—I do not know whether the Minister knows Lewisham town centre. Apparently, at some point in the future it is going to be converted into largely one-bedroomed properties but I do not know what the minimum standards will be. I suspect that the plan will be to have something like 230 one and two-bedroomed properties there, and they will not be particularly big. The whole question of space should be of concern to the noble Lord and to the Government in general. I hope that the days of rabbit-hutch developments are long behind us, but that is something that the noble Lord should certainly look at. There are a number of other places that I know of where I do not know whether the developments have taken place. Lewisham House has not been developed yet—it is sitting there waiting for that to happen. However, we would not want rabbit-hutch developments if we could possibly avoid them.

[Lord Bourne of Aberystwyth]

I thank the noble Lord for that. In answer to the question, “Do I know Lewisham?”, I have certainly visited it on occasion but, through the noble Lord, I feel I know it better than just from the two visits I have made there fairly recently.

In relation to the points he is making, there has to be a balance in what we do here, and I think that noble Lords would accept that Amendment 44, talking as it does of giving the power, seemingly unchallenged, to local authorities to suspend permitted development rights indefinitely, goes too far. I have offered to go away and reflect on this but I have made it absolutely clear that we cannot accept that amendment as it stands.

Article 4 directions are open to boroughs and other areas to use. In fairness, this is one area where they try to look at the cumulative impact. So, contrary to what I have just said, there are areas where we try to assess cumulative impacts, which is part of the Article 4 consideration. But, as I say, I accept that there is an issue to look at here. I want to go away and reflect on this, so I do not want to get down into too much detail on the position of the different London boroughs or elsewhere. However, I am happy to go away and have a look at it, without prejudice. I hope that noble Lords will take up that offer.

[Lord Kennedy of Southwark]

I thank the noble Lord, and of course he is very welcome to visit my ward in Lewisham any time he likes. I can show him one or two places that I have mentioned in our debates as well as other problems I have. I am quite happy to show him. It might actually help us in our debates over the next few weeks. I thank him for his response and am happy to beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, I will seek to reassure the noble Lord, Lord Greaves, on both points.

First, if the planning permission has lapsed, a fresh application has to be put in for the use of the land, and it must conform to the local plan at the time, including any neighbourhood plan that has become part of the local plan in the meantime. Secondly, in planning law there is no presumption that permission should be given in relation to an application with a lapsed permission. That would not be the case. The committee might want to take into consideration the fact that a lot of work has been done and look at it, but there is no presumption in law that it should be adhered to. I do not think that planning authorities are under that misapprehension but if they are we need to make it clear that that is not the case.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his response. I am pleased by his comments and am looking forward to the White Paper and these issues, hopefully, being addressed. I have put Questions down in the House before, and there is an issue with getting houses built in certain areas. The noble Lord, Lord Greaves, is right: there may not be a case for granting permission in certain areas. I accept that entirely. However, in certain areas there is pressure for building and the frustrating thing is that you have given permission to build on the site, then you drive past every day and nothing has happened. It is very frustrating.

I hope that the White Paper will address that. I hope also that the Minister will visit my ward; his predecessor, the noble Baroness, Lady Williams of Trafford, visited my noble friend’s ward while she was in his job. He may consider that too. If the noble Lord ever comes to Millwall I can assure him of a very warm welcome. As the noble Lord, Lord Young, knows, planning permission and compulsory purchase are big issues down there at the moment. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Kennedy of Southwark]

Before the Minister responds, on the point raised by my noble friend Lord Beecham about difficulties with the Sheffield city region, my understanding is that it is North East Derbyshire District Council and Chesterfield Borough Council in Derbyshire which wish to join. I think that Bassetlaw District Council in Nottinghamshire may also want to join. The legal action is being taken by Derbyshire County Council, which of course partly comprises the north-east Derbyshire and Chesterfield areas. The problem is with three districts in two counties, but one county council has raised the legal action on the points that my noble friend outlined.

[Lord Bourne of Aberystwyth]

I thank noble Lords for the debate on this part of the Bill. I will try to take Clauses 7 and 8 in that order. There were certainly some questions on which I will need to write with fuller answers, but let me first turn in general to Clauses 7 and 8.

These measures contribute to the Government’s objective of ensuring that all local planning authorities across the country have up-to-date development plan documents—the documents that collectively form the local plan. In particular, Clause 8 ensures that there is not a void and that we have a local plan. We would have been heavily criticised if we had left an obvious hole in the system where no one was preparing a development plan, but I will come to that.

The Government are committed to a plan-led system in England. We have put communities at the heart of that system, and I hope that I can leave no doubt in your Lordships’ minds that we want communities to have confidence in a system that takes account of their views, while delivering the growth that the country needs.

I also want to kill one hare that was set running, which I had not heard before. There is no agenda, let alone a secret agenda, for mergers of councils. This legislation is about neighbourhood planning. Until today, nobody had raised with me that this is about a secret agenda to merge authorities. It is not, it is to try to ensure that we have a full pattern of what is needed for the planning of the country. It is important, therefore, that where local planning authorities do not have an up-to-date plan in place, the Government should take action to resolve this situation. We would have been roundly and correctly criticised if we did not have such plans.

I turn first to Clause 7, spoken to ably by the noble Lord, Lord Kennedy—I apologise for my short absence during his speech—and my noble friend Lady Cumberlege. The noble Lord, Lord Shipley, the noble Baroness, Lady Bakewell, and other noble Lords spoke more widely about this.

We want to encourage collaboration between local planning authorities so that strategic priorities, particularly for housing, across local boundaries are properly co-ordinated and clearly reflected in individual plans. The Local Plans Expert Group which was asked by the Government to examine what measures or reforms might help to ensure the efficient and effective production of plans recommended that more could be done to encourage local planning authorities to work on joint plans. The Government agree with this recommendation, and it forms the basis for the clause.

The idea of joint planning and working collaboratively with neighbours is not new. We know of more than 40 local planning authorities, right across England, that are working on joint plans. There is no agenda about encouraging or, even less, forcing them to merge. My honourable friend the Minister for Housing and Planning referred during debates in the other place to representatives of Norwich City Council who told him about how they were working with South Norfolk Council and Broadland District Council districts to produce a combined plan across the three districts. We are also seeing joint plans being developed as a result of devolution deals, such as the Greater Manchester spatial framework.

Authorities working jointly with their neighbouring authorities can see that there are benefits to be had. For example, there may be cost reductions to individual authorities through working collaboratively on evidence or through shared examination and legal costs. A joined-up plan-making process, where key decisions are taken together, can also assist local planning authorities to plan for housing.

We know that some areas across the country are having real difficulties in addressing issues that require solutions across geographic boundaries, such as planning for housing need in areas with significant constraints, and collaboration with neighbouring authorities may help to resolve some of those issues.

Clause 7 inserts new Sections 28A to 28C into the Planning and Compulsory Purchase Act 2004 and makes consequential amendments. I wish to emphasise that this power can be exercised only where the Secretary of State considers that it will facilitate more effective planning of the development and use of land in the areas of one or more authorities. During the contribution of the noble Lord, Lord Beecham, I wrote down a reference that he gave to Clause 7(2)(a), I think. I do not think that there is a Clause 7(2)(a), but if we could discuss it afterwards, I am happy to get a full read-out on it and write to him.

New subsection 28A(5) provides that:

“The Secretary of State must, when giving a direction under this section, notify the local planning authorities to which it applies of the reasons for giving it”.


That is a clear provision which ensures that it can only be used appropriately. Presumably, like other provisions of statute, it will be subject to judicial review which, while it is not something that we want to encourage, is a backstop if people feel that any Secretary of State has got it wrong, as may happen on occasion under any Government.

New subsection 28A(3) states:

“The Secretary of State may give a direction under this section only if the Secretary of State considers that to do so will facilitate the more effective planning of the development and use of land in the area of one or more of the local planning authorities in question”.


So it is to be used sparingly.

The noble Lord asked five questions about Clause 8. The first question was about why it is needed. It is because we need a plan if there is a gap. His second question was about whether the county council is required to do it. No, it is absolutely clear in Schedule 2 that it is an invitation to the county council. The county council does not have to take up the invitation. He raised several other questions including whether county councils can subcontract this. I suspect not, but I will correct that in the letter if I am wrong. He asked how local knowledge is to be guaranteed. That is specifically the reason this is needed. The Government would look to intervene in this way if we believed it was the only remaining lever to ensure that there is a local plan. The alternative would be the Secretary of State intervening directly, which would not be very local. This is an attempt to get the vacuum filled by the most local appropriate authority, otherwise it will not be done. The most desirable outcome is that the district council does it. The whole procedure can be prevented by the district council doing it, and that is exactly what will happen in the vast majority of cases. We would be roundly criticised if we did not have such a provision.

The noble Lord, Lord Beecham, raised some fair points about the impact of this on combined authorities. Clause 8 supplements existing powers to invite the Mayor of London or a combined authority to prepare a development plan, so it is already in existing legislation for an authority in its area. Again, I will take up that point in more detail, but I think that is the provision.

The essence of this is that it is within the power of district councils to ensure that the powers introduced by the clause are never used. That is what we hope will happen. I am of the view that it would be only in the rarest of circumstances, where there is not a plan in place, that this provision would be needed.

Questions have been fairly raised about the skills and capacities of county councils and whether they can turn down this role. We anticipate that there will be discussions with them about what happens if there is no plan. They are the next nearest directly accountable authorities and have knowledge and understanding of the development needs of the area. They are familiar with the planning process and are already involved as statutory consultees in the local plan’s process, and many work with their district councils on cross-boundary issues.

As I said, we would be rightly and roundly criticised if we did not have these provisions. They are needed in order that we can cover the whole country. They are long-stop provisions which I anticipate will not be much needed. They are only on the basis—particularly in regard to Clause 8—that if there were not such provisions it would mean direct intervention by the Secretary of State and the department, which is not what we want in a neighbourhood planning process.

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[Lord Bourne of Aberystwyth]

That is an entirely fair point. As I said, there is a system to ensure that costs may be recovered, but I will elucidate that, if I may, in my letter.

I apologise, but I have forgotten the point that the noble Lord, Lord Kennedy, made.

[Lord Kennedy of Southwark]

I was asking for information on the councils that are failing in their duties and so require the Government to take on these powers. Perhaps there are no councils in that position and the Government are taking the power preventively— I do not know. If there are, which authorities are they?

[Lord Bourne of Aberystwyth]

I am sure the noble Lord was listening very carefully to what I said. I said that we need backstop powers in case that situation arises. I hope that I did not indicate that there is an existing list of authorities against which we thought we were going to use this measure. It is a backstop power. When the noble Lord’s party was in power, it was responsible. I am sure that he would expect any succeeding Government to be the same and to ensure that these powers exist in case they are needed because an authority is not stepping up to the plate.

[Lord Kennedy of Southwark]

That makes it a bit clearer: at the moment, there are no councils against which the Government would need to think about using this power; it is a backstop power. It is good to have that clarified.

When the Minister responded to the debate on Clause 7, he also said that councils will have recourse to judicial review. I have never heard a Minister at the Dispatch Box suggest, in proposing legislation, that the backstop measure is that someone can seek judicial review. Ministers do not usually like that. I think it is an amazing thing to do and I hope it is available for people. However, I am slightly worried by the confidence the Government have in their legislation when their immediate defence is to say, “Don’t worry, you can go off and seek redress in the courts”.

[Lord Bourne of Aberystwyth]

I must correct that very serious accusation. I was not encouraging people to bring legal action. I was explaining, in case noble Lords were not aware of the fact, that this statute, just like any other, is justiciable on its interpretation and that people will have rights at law. That is the point I was making.

[Lord Kennedy of Southwark]

I was not suggesting that the Minister was encouraging people to bring legal action. But he certainly said that people would have redress through judicial review. It seemed odd to hear that from the Dispatch Box while we are discussing legislation.

[Lord Bourne of Aberystwyth]

My Lords, as a lawyer and somebody who sympathises when somebody has a legitimate compliant, which they may do, against any government department or local authority, I think it is absolutely right that that right is put on the record by the Government. That is all I sought to do. I do not think there is anything improper or extraordinary in that.

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[Lord Kennedy of Southwark]

I will make a couple of brief comments before the Minister responds, including one about payday loan shops. I should declare in this context that I am a director of a credit union—London Mutual Credit Union, which is based in London and covers four London boroughs: Southwark, Lambeth, Westminster and Camden. We are also the credit union to the Armed Forces: a number of our members are from the Armed Forces.

I was conscious that the most reverend Primate the Archbishop of Canterbury, and others, encouraged the Government to take action in the previous Parliament in respect of the interest rate, and that is very welcome. There is, however, an issue—we certainly get it because our main office is in Heaton Road in Peckham. About 10 doors along is The Money Shop. We often get 50 to 60 applications to join the credit union but also people walking in off the street. Often they have been to The Money Shop and, because of difficulties there, people have suggested that they go down to the credit union. They join, and the first thing that we do is try to find out what their problem is: how big their debt is—get it all out of them. Then, if we can, we will find them a loan. We want to pay that direct to The Money Shop, to end the problem there, not just give it to the people themselves.

There is, however, an issue with a number of these high street shops and how they operate. I would certainly like to see more action—more ability for a local authority to look carefully at its area and see whether there are enough such shops. Unfortunately, as we have all seen, the problem is not borrowing more money, it is getting a grip of your finances and controlling them. Credit unions are one type of organisation that can help with that, along with others such as money advice services.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Beecham, for his amendment, and other noble Lords who participated in the debate, including the noble Lords, Lord Shipley and Lord Kennedy. The amendment reflects the importance of planning at the local level to address local issues. I was particularly interested to hear from the noble Lord, Lord Shipley, about the all-party parliamentary group covering betting, the experience of Newham and the local action that it has taken on fixed-odds betting terminals in betting shops.

It may be helpful, first, to remind noble Lords of the important planning changes we made in April 2015 specifically to allow local planning authorities to consider the merits of any application for such uses, and to provide the community with an opportunity to comment. Prior to April 2015, the use classes order grouped betting shops and payday loan shops with other financial or professional services in the A2 use class. This meant that any financial or professional service could change use to a betting shop or payday loan shop without a planning application. Now they would need such an application. Additionally, under permitted development rights, new betting shops or payday loan shops could be opened in any property used as a restaurant, café, pub or other drinking establishment, or hot food takeaway. These changes could be made without local authority consideration.

Responding to concerns raised at that time about the clustering of such uses on the high street, the Government made changes to the Town and Country Planning (Use Classes) Order. We took betting shops and payday loan shops out of Class A2 and made them sui generis, or a class of their own. This change was made precisely so that a planning application would be required for any additional such shop. This would allow for local consideration of any issues that might arise due to the change to such a use in that area. Local planning authorities, therefore, already have the ability to manage any additional clustering through their local plan policies. It is not for national government to set out how many betting shops or payday loan shops there should be, and where they should be.

Where a local planning authority is concerned about the clustering of such uses, it should ensure that it has an up-to-date plan with robust policies in place. We know, as has been demonstrated, that some local authorities are already putting in place detailed policies in respect of betting shops and payday loan shops that reflect their individual local circumstances, and setting out the position in respect of the numbers and location of those shops.

The National Planning Policy Framework provides local planning authorities with the policy framework to plan for a mix of uses, promoting the viability and vitality of their town centres. Such policies should be based on sound local evidence and tested at examination. Policies contained in the local planning authority’s development plan must be taken into account when determining any application for a new betting shop or payday loan shop, unless any material considerations indicate otherwise.

Noble Lords will be pleased to know that, as he committed to do in the other place, Gavin Barwell, the Minister for Housing and Planning, met yesterday with the Minister for Sport, Tourism and Heritage, who has responsibility for gambling. They were able to discuss the issues emerging from the review of gaming machines and social responsibility measures undertaken by the Department for Culture, Media and Sport. As noble Lords would expect, there was a positive discussion to consider how we can continue to work together effectively to take forward any proposals arising from the review, which I understand is likely to report later in the spring. I have not as yet had the opportunity to have a detailed discussion with my honourable friend in the other place. If there is any additional information, once again I will include it in the write-round. There is, therefore, an agenda that will continue to have our attention, recognising the concerns that are widely expressed, and of course this goes much wider than planning.

Although we consider that local planning authorities have the tools they need, we will continue to work closely with the Department for Culture, Media and Sport. However, it is not for national government to set out in guidance how many betting shops or payday loan shops there should be in an area. The tools are already with local authorities. These are local issues that should be dealt with through local planning policies. Therefore, I ask the noble Lord to withdraw his amendment.

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[Lord Kennedy of Southwark]

The noble Lord, Lord Greaves, has reminded me, as a member of the planning committee in Lewisham, that we rarely refuse applications —we always get advice on what we can or cannot do—but on a couple of occasions we have deferred applications on the basis that people have not been consulted properly. Sometimes the worst offender can be the council itself, if the housing department has not consulted properly. Some people come to the meetings and they are very cross because, as the noble Baroness said, the notice has gone through the wrong doors. People find out by rumour but those who should have been told have not been told at all. If that is proved to our committee, we will certainly defer a decision and allow a proper period for public consultation on the application.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the discussion on these amendments. I shall deal first with Amendment 27 and then move to Amendment 62 as they relate to consultation, and then come back to Amendment 27A.

On the amendment so ably moved by my noble friend Lady Gardner of Parkes, she has vast experience of planning so one listens particularly carefully to what she has to say. From what I can gather, the vast majority of planning authorities exercise discretion in going beyond the 21 days. Most would behave in an exemplary fashion, as Pendle and Lewisham clearly do, by being flexible where flexibility is needed. I have done a deep dive in the department to see whether there have been any complaints about this but I have not found any malefactors or authorities that are not coming up to scratch. This seems a sensible amendment, so I wonder whether my noble friend will meet with officials if she has evidence of bad practice—I am sure she does have—so that we can discuss what we can do. It is important that people are properly consulted and that there is some flexibility during the periods of bank holidays. I would not wish to prescribe a period and then find that all local authorities are saying, “We do not have to exercise any discretion now”. The discretion that is exercised is important.

In response to some contributions from noble Lords, it is inevitable that some people will come along to a planning hearing and be aggrieved that it is not going the way they want. They therefore seize upon whether the procedure has been correctly followed. I agree with the noble Baroness about proper service of notice. I recall some years ago getting a proper notice delivered to me in the proper time, where the development was half a mile away and I was not sure why I was being consulted. That does not matter, but if the reverse happens clearly it does. That said, there are rules that should be adhered to. So, in the write-round, I will ensure that I draw attention to those rules, because clearly they are an integral part of the system as well.

I turn to the amendment so ably spoken to by the noble Baroness, Lady Pinnock, who is obviously on a roll now. Once again, this deals with statutory consultation but, on this occasion, in relation to statutory consultees. A couple of points cause me difficulty in responding positively to this amendment. The first is that the annual performance data for 2015-16 show that, on average, 98% of substantive responses were made by the key statutory consultees within the 21-day period or such other period as agreed. Part of the procedure is that the law provides for an extension on a case-by-case basis if the two parties agree to it. This performance appears to be consistent across small and large developments and we monitor that very closely through the annual performance returns that statutory consultees are required to provide by law.

Therefore, I am concerned that adopting the approach suggested in the amendment would lead to a worsening in the performance of statutory consultees. Extending the period to 28 days would mean that the good ones—the vast majority, I have to say—who respond within 21 days would then respond within the 28-day period, and this would slow down performance and affect housebuilding. That said, if the noble Baronesses, Lady Pinnock and Lady Bakewell, have evidence, I would be very keen to see it. However, so far as we can see, this area is working well and I would be loath to extend the 21-day period. It would be something of a kick in the teeth for those who are working hard to achieve the 21 days, and it would be seen as geared to those who do not perform as well, who appear to be a small minority.

[Lord Kennedy of Southwark]

I certainly accept the point that the noble Lord makes. However, as with all these things, the vast majority of people may act properly but there will always be one organisation that does not. Another example that I can think of is when you get your highway repaired and then along comes the water board the following week and digs it all up to put in a new water main. Those sorts of things drive you up the wall. Reminding these organisations how they should operate may be something that the Minister can look at. There will always be exceptions and it may well be that it is one group of people that is always acting in that way in one particular area. I accept that the vast majority act perfectly properly, but it can be extremely annoying when things are not dealt with properly.

[Lord Bourne of Aberystwyth]

The noble Lord makes a very fair point. However, we do not want to flex the legislation and extend the period for the very small minority that fail to meet the deadline when, as I said, the vast majority perform very well. That would send out the wrong message.

I turn to Amendment 27A, spoken to very ably by the noble Lord, Lord Taylor of Goss Moor. He was at pains to tell us that, like all the other amendments in this group, this is a very good one. We tend to agree: this is a sensible amendment. It seeks to move responsibility for any town development corporation established under the New Towns Act 1981 from the Secretary of State to the relevant local authority.

I say at the outset that I support the broad thrust of the amendment. This Government are supporting 10 locally led garden cities and towns and 14 locally led garden villages—high-quality new settlements of between 1,500 and tens of thousands of new homes. The noble Lord, Lord Taylor, has been an influential and important voice in the creation of our garden villages programme, and I thank him for his engagement.

We have seen a strong response locally to our offer of support for locally led garden cities, towns and villages, and we want to do more to help the places that are currently in our programme, and others which may become part of it in future, deliver. The Government recognise that a statutory delivery vehicle, such as a new town development corporation, may in some circumstances be a helpful means of co-ordinating and driving forward the creation of a new garden city, town or village.

The Government also recognise that, in line with our locally led approach, this statutory delivery vehicle, while enjoying significant independence to get on with the business of delivering, should be accountable not to central but to local government. I stress that. That is an argument that has been made not only by the noble Lord but by the Local Government Association and the Town and Country Planning Association.

If there is sufficient local appetite, we will consider legislating to amend the New Towns Act to enable the creation of development corporations, for which responsibility rests locally, not with central government. I reassure noble Lords that the Government recognise and support a locally-led approach to the creation of new garden towns and villages. This fits also with our devolution agenda more generally. As I have indicated, the statutory delivery vehicle of the new town development corporation already enjoys significant independence. However, I believe it should be accountable to local government, not central government.

To that end, should there be sufficient appetite we will look into making local bodies accountable for the new town development corporations, with new legislation should local areas show that they would use it. Discussions stemming from the White Paper would be the first step in exploring local appetite. I hope that with this reassurance and the statement of policy going forward, the noble Lord feels able not to press his amendment. Following the indications I have given, I also ask my noble friend Lady Gardner to withdraw her amendment.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 1st sitting (Hansard): House of Lords
Tuesday 31st January 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, first I thank the noble Lord, Lord Kennedy, for that build-up about the detail in the response. I am sitting here horrified because it is not incredibly detailed.

I have known my noble friend Lady Cumberlege since I came into the House. I thank her for how she has handled this and for her willingness to have positive engagement. This is the way forward. My noble friend has understandably tabled many amendments on this issue. I can reassure her that we are very keen to look at it, particularly in terms of dialogue with officials and those in the know before the neighbourhood plan is put together, because some of the problems that may arise relate to this.

Secondly, notwithstanding what my noble friend has said in relation to the incident about which she has spoken, my legal advice is to the contrary. I cannot speak about the specific case. I hope she will understand that I must be guided by this advice. All of us here support neighbourhood planning but, inevitably, in any new system there will be growing pains. To a degree, this has been the case in some of the circumstances arising in this area.

Amendment 1 raises a matter that noble Lords and those in the other place have spoken about at Second Reading and again today. I must stress that the law is very clear that decisions on planning applications must be made in accordance with the development plan, unless material considerations indicate otherwise. Of course, the neighbourhood plan is part of that development plan. Furthermore, measures in this Bill will bring forward the stage at which a neighbourhood plan has full legal effect. This is important to note.

The noble Baroness, Lady Andrews, raised the number of appeals. Out of 16,500 appeals, the number recovered by the Secretary of State was extremely small—just 75 in this context. I can reassure noble Lords that, where the Secretary of State has a more direct role in a small number of decisions—for example, through the appeals system and the call-in process—he or she uses these powers very sparingly—usually, where planning issues of more than local importance are involved. The Secretary of State’s policies for both types of intervention are available on my department’s website. During the course of this Committee, I will pick up on some of the points covered and write to noble Lords. For example, I will ensure that details of this part are on the website for noble Lords to look at.

The current policies for intervention strike the right balance between the national interest and local autonomy. On who can plan for housing in an area and how, the Government are clear. It is for local planning authorities, with their communities, to identify and plan for how to meet the housing needs of their area. Communities can choose to use a neighbourhood plan to address housing needs in their area. Where they do so, their local planning authority should share relevant evidence on housing need gathered to support its own plan making. If, over time, circumstances change and more housing is needed, again, communities may decide to update their neighbourhood plan or part of it. Just as in the initial drawing up of the neighbourhood plan, in the case of modification money is available from the fund set up for the purpose.

Our planning guidance is clear that, if a local planning authority also intends to allocate sites in the neighbourhood area, it should avoid duplicating planning processes that will apply to the neighbourhood area. The authority should work constructively with a neighbourhood planning group to enable a neighbourhood plan to make timely progress.

As well as the noble Lord, Lord Kennedy, other noble Lords have contributed and stressed the importance of neighbourhood plans. I thank the noble Lords, Lord Greaves and Lord Stunell, and the noble Baroness, Lady Andrews. I am grateful to the noble Lord, Lord Shipley, for his very constructive suggestion about engagement with officials and others to try to move this forward.

I understand why the noble Lord, Lord Kennedy, inevitably picked on the fees issue. This will be more than touched on in the White Paper, which we expect very shortly. I can confirm that we shall see the White Paper before Report and there will be an all-Peers briefing on it.

The Government’s rigorous new burdens doctrine, which I failed to address earlier in response to a question from the noble Lord, Lord Beecham, ensures that local planning authorities will receive the relevant resources to meet their statutory obligations towards neighbourhood planning. Inevitably there will be differences of opinion between local authorities and central government about how much that funding should be, but also, inevitably and rightly, there will be a dialogue about it. As I say, however, the broader issue of funding will be addressed in the White Paper.

As to Amendment 1, perhaps I may once again reassure my noble friend Lady Cumberlege that we are approaching this in the spirit of wanting to ensure that neighbourhood forums, parish councils and local people are fully engaged in the process. We want to see that happen, but whether it is done in the Bill or, as is more likely, in planning guidance, is something we can talk about. In the meantime, I respectfully ask my noble friend to withdraw her amendment.

[Lord Kennedy of Southwark]

Can the Minister say a little more about why the Government will not accept this proposed new clause? It is a very good amendment and, while the noble Lord has talked about setting something out in guidance, he has not said why he is against it. It would be useful if we could understand a little more of the Government’s thinking and why they will not just accept the amendment.

[Lord Bourne of Aberystwyth]

With respect I think I have explained that the present process provides the right balance of what is needed in planning procedures. However, I accept that occasionally a neighbourhood plan may have been developed that does not achieve what its framers wanted for it. Given that, it is important that there is a power at the centre, to be used only sparingly, in relation to appeals and the call-in process. As I have indicated, the number is 75 out of 16,500, so it is not as if this is a major issue. It is therefore important that someone in the position of the Secretary of State will consider these matters, usually where the planning issues involved are of more than local importance. In practice, the vast majority of cases would be covered by that and we believe that the present process for this is correct, although overall we appreciate that there needs to be some discussion about the compiling of the neighbourhood plan, the provision of proper advice and so on.

[Lord Kennedy of Southwark]

Just to be clear, nothing that the noble Lord has said in his response means that he would not be able to accept the amendment.

[Lord Bourne of Aberystwyth]

With respect, I am not entirely surprised. The noble Lord wants this amendment and the Government do not. I hope we can disagree agreeably but this is not an amendment we can accept. As I have indicated, while it pays proper regard to neighbourhood planning, which is at the centre of the system, in the circumstances that I have set out across a range of amendments that have been tabled on this topic, we will look at how we can ensure that proper advice is given in the compiling of a neighbourhood plan, which I think will answer most of the points being raised.

[Lord Kennedy of Southwark]

I do not like to disagree with the noble Lord because I have great respect for him and the work he does. However, I am trying to understand what the problem is here, although we may well come back to it later. That is the aim of these questions because in many ways we are all in agreement.

[Lord Bourne of Aberystwyth]

With respect to the noble Lord, I am not sure we are. The noble Lord has been around the planning block a few times and he will know that occasionally planning decisions have national significance. Not least for that reason, we need to retain the power of the Secretary of State to recover appeals in limited circumstances.

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[Lord Bourne of Aberystwyth]

My Lords, in response to the points made to the noble Lord, Lord Beecham, and the noble Baroness, Lady Andrews, it is right that the National Planning Policy Framework is still in play. I certainly do not rule out looking at issues such as this. I am addressing the amendment and saying that we certainly cannot accept it as it stands. I think I have made that point clear. I am very happy to look at the centrality of the neighbourhood development plan to see what we can do to consolidate it. It is indeed central to the process, but I will not concede the importance of a role for the Secretary of State in exceptional circumstances. I am very happy to take away the points made and look at them in the context of the general issue raised by the amendment.

[Lord Kennedy of Southwark]

I am very happy that the Secretary of State retains an overarching position. That is absolutely right and I have no problem with it at all. However, the noble Baroness, Lady Cumberlege, included that in the first part of her amendment. It is absolutely clear. It says:

“The Secretary of State has a duty to uphold neighbourhood development plans … except in exceptional circumstances of national importance”.


I am surprised and find it odd that the noble Lord does not think that gives the department and the Secretary of State what they need. It is very clear.

[Lord Bourne of Aberystwyth]

My Lords, we have to be careful that we do not lose sight of the importance of the need for fresh housing. It is very easy for noble Lords to accept the general point about the need for more housing and then, when an issue comes up, say, “Not here; not there”. We would suddenly whittle it away and there would be nothing left. It is important that the Secretary of State retains a power relating to housing development because of the need to create more housing. I suspect we may disagree on the centrality of that, but I will have a look at this in the context of ensuring that the neighbourhood plan has particular significance.

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[Lord Kennedy of Southwark]

My Lords, as we have heard, government Amendments 2, 3 and 4 are additions to Clause 1. The Minister said that they were in response to points raised in the other place and elsewhere. They may be technical but they are certainly not minor. They are actually bigger than the clause they seek to amend.

Government Amendment 6 deals with the procedures for notifying parish councils and neighbourhood planning forums of a planning application or permission in principle if there is a neighbourhood development plan that falls within part or all of an authority’s area. That is very important. The noble Lord, Lord Greaves, raised an important point regarding the rights of parish councils. He is absolutely right that they have these rights anyway. It will be interesting to see what difference the amendment makes, or whether it is just tidying up to bring in the neighbourhood forums. My noble friend Lord Beecham just raised the whole issue of neighbourhood forums and the obligations they may or may not have to notify local residents. I look forward to the Minister’s response to those points.

Amendment 8, in the name of the noble Baroness, Lady Cumberlege, seeks—I think, importantly—to require a clear definition of modification as it will apply to the Act. We all know, certainly in respect of planning, that being very clear about what you are doing is very important. There is a whole clause—Clause 3—which refers to the modification of a neighbourhood development order or plan. It is very important that we get this absolutely right. The Minister may tell us that the amendment is totally unnecessary. I hope that if he does do that, he will set out clearly for the record what is in the mind of the Government when they are talking about modification, or maybe that is something that will come in guidance. I look forward to the Minister’s response. The noble Lord, Lord Shipley, raised a similar point. As I said, this needs sorting.

Amendment 8A, again in the name of the noble Baroness, Lady Cumberlege, seeks to give greater authority back to local and parish councils, which is very welcome. I support Amendment 64, in the name of the noble Baroness, Lady Parminter. As we have heard, it sets out the responsibilities of the planning authority in relation to the things it must do.

I should be clear: I certainly want to build more houses. I am looking forward to the White Paper and hope that we will get some more council houses as well. But what we must do, when building more houses, is ensure that they are of good quality, they are well designed, they deliver sustainability, they are carbon-neutral, and they are homes for modern living, rather than badly designed homes on the cheap, which, as we know, we have suffered before up and down the country. We must never go back to that. I look forward to the Minister’s response. I might have one or two questions for him when he responds.

[Lord Bourne of Aberystwyth]

My Lords, first, I will deal—in no particular order—with some of the points that were raised in relation to the government amendments. In relation to a point raised by the noble Lord, Lord Greaves, about Amendment 6, previously it has been open to neighbourhood forums and neighbourhood groups to ask for notification of planning applications. Amendment 6 makes it automatic. That is the difference: it will happen automatically; there is no need to ask. The concern has been that previously some things may have slipped through the net so that is the reason for that.

[Lord Bourne of Aberystwyth]

It will be automatic notification. That is the key point.

[Lord Kennedy of Southwark]

I think the point that the noble Lord, Lord Greaves, made was that it is already automatic for parish councils.

[Lord Bourne of Aberystwyth]

Yes, but not for neighbourhood forums, I think. It does not make any difference to parish councils but for neighbourhood forums it becomes automatic.

In relation to a point made by the noble Lord, Lord Shipley, about modification and the impact of that, as set out in Clause 3(2), it is not a particularly strange sort of provision to say,

“does not materially affect any planning permission granted by the order”.

The important point is that this will mean that anything other than something minor will materially affect planning permission. I am happy to put that on the record if that is helpful but that is the important point there. Obviously that would be justiciable. If it is immaterial, it would not fall within that subsection.

On the matter raised by the noble Lord, Lord Beecham, the requirement for a neighbourhood planning forum to notify residents is covered under existing secondary legislation and development orders. I will get him chapter and verse of the particular provision and circulate it to noble Lords who participated in the debate. It is covered under existing legislation.

I turn to the three non-government amendments in the group, Amendments 8, 8A and 64. I shall deal first with Amendments 8 and 8A in the name of my noble friend Lady Cumberlege. I thank her for her helpful comments. On Amendment 8, the Government believe that a more proportionate way to modify neighbourhood plans is needed to incentivise communities to keep their plans up to date—this deals with some of the points I have just touched on, raised by the noble Lord, Lord Shipley. Clause 3 will achieve this by introducing two new modification procedures. The first allows a local planning authority, with the consent of the neighbourhood planning group, to make minor modifications to a neighbourhood plan or neighbourhood development order at any time, in the same way that errors can currently be corrected. These might, for example, amend the wording of supporting text to clarify the application of an existing policy, which previously would have entailed a referendum.

The second streamlined procedure could not apply where the proposed modifications to a neighbourhood plan were so significant or substantial as to change the nature of the plan the community has voted on. I understand the desire to provide clarity and reduce opportunities for ambiguity and litigation. However, the amendment could unintentionally have the opposite effect. Whether a modification is considered under the new procedure will depend on the context of the overall plan. A modification that is significant or substantial in the context of one neighbourhood plan may not be in another.

I offer an example to assist noble Lords. The addition of sites to accommodate 50 new homes may not change the nature of a plan addressing the needs of an extensive urban area, but for a small rural village this same modification of a plan could have a much more significant and substantial effect on the plan and the local community. I welcome further discussion on any of these points and I am happy to meet with the noble Baroness and any noble Lord who would like more information on these matters, but I respectfully ask the noble Baroness not to press her amendment.

Amendment 8A, proposed by my noble friend Lady Cumberlege, concerns the more detailed procedure for modifying a neighbourhood plan that is already in force. Currently, any modifications to a neighbourhood plan or a neighbourhood development order beyond the correction of an error must go through the same process of producing a new plan, irrespective of the significance and scale of the modifications proposed. I reassure noble Lords that the procedure to which the amendment relates applies only where the proposed modification of a plan is minor. Any proposed modification cannot materially affect any policies in the neighbourhood plan or the planning permission granted by a neighbourhood development order. A local planning authority will need to have the consent of the relevant neighbourhood planning group to make such a modification. The local planning authority would also be required by Regulation 16 of the Neighbourhood Planning (General) Regulations 2012 to publicise any such modification on its website and in any other way it believes would make the local public aware of the proposal.

This is an important change as it will allow groups to, for example, amend the wording of supporting text to clarify the application of an existing policy, without the requirement to go through the same process used to produce a new plan. I hope this reassurance will convince my noble friend not to press the amendment.

On Amendment 64, I thank the noble Baroness, Lady Parminter, for her partial welcome of what we are doing with our new proposals. I thank her for raising the importance of community voices being heard in decisions about planning in their area. I also respect the points made by the noble Lord, Lord Taylor of Goss Moor. He is not in his place at present but I know he understands these issues thoroughly.

Clauses 1 and 2, which have been welcomed by the noble Baroness, together with provisions in the Housing and Planning Act 2016, the recent Written Ministerial Statement of 12 December 2016 on neighbourhood planning and the government amendments that were tabled last week address the concerns she has raised, thus, I believe, making her amendment unnecessary. First, perhaps I may confirm that it is a three-year housing supply that is needed, which was a point raised by my noble friend Lady Cumberlege.

This amendment may inadvertently send a message that those elected locally to take decisions cannot be trusted to do so without the matter being referred to central government. That is the wrong message. However, I recognise the expertise and the intention of the noble Baroness and others who have spoken in support of her proposal. I am very happy to meet the noble Baroness between our Committee deliberations and Report, and indeed any noble Lord who would like more information on these matters. However, I ask her in the meantime not to press the amendment.

[Lord Kennedy of Southwark]

In respect of the amendments moved by the noble Baroness, Lady Cumberlege, does the Minister expect the department to issue any further guidance at some point on modifications and how minor they may be? I am conscious that government departments might say, “This is a minor modification”. I recently put down a Parliamentary Question to ask a number of government departments about reviews that are announced in Parliament from the Dispatch Box, and I have been told by a number of them that there is no definition of a review. I know that it is a bit odd, but if there is definitely going to be a review, when a Minister stands before us saying whether a modification is minor or not, what status does that have? Would he consider producing further guidance to help residents, neighbourhood planners and parish councillors to understand all of this?

[Lord Bourne of Aberystwyth]

My Lords, as I have indicated, the intention here is to ensure that we have flexibility because neighbourhood plans may vary in their circumstances, size and so on. There is a massive body of law that defines the word “minor” and judges will be able to put it in context. I have given an example of why we believe that we are answering the need for flexibility in the legislation and I think that the Government have got it right in this regard. However, if the noble Lord has any particular points that he wishes to raise subsequently in writing, I will be happy to look at them.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

With respect, I have already given an indication as a lay man in this context as to how this would play out. I have a legal background, but I am not an expert in planning law. I do not think I can be asked, “Is this minor or major”, about a succession of situations. I would be giving what is essentially a lay view in planning law terms. All I have sought to do in setting this out—I hope helpfully—is to say that sometimes something would fairly obviously be major in the context of one neighbourhood plan, but very minor in another. Contrast, for example, a situation of high-density population in an urban area with a small rural village a long way from the nearest town. I hope this indicates the intention here.

[Lord Kennedy of Southwark]

The noble Lord has been very helpful. The noble Baroness’s question has highlighted that some situations can be very difficult. What somebody thinks is minor somebody else can think is major. Equally, there could be a situation where development could be in an urban area and it could be only 50 houses, but people could think that was an issue as well. I do not think the noble Lord can go much further, but this exchange has highlighted how difficult this can actually be.

[Lord Bourne of Aberystwyth]

My Lords, I do not agree entirely. I accept the point that it is not always easy at the margins, though I think it is far easier in extreme cases. We do not have all the facts of a particular community that is being referred to in front of us. So, in the abstract, it is much more difficult than it would be with some concrete examples from a particular community.

--- Later in debate ---

[Lord Kennedy of Southwark]

My Lords, I very much support the amendments in this group tabled by the noble Baroness, Lady Cumberlege. Clearly, they are probing amendments and I look forward to the response from the noble Lord, Lord Bourne, to the points raised.

It is important that we ensure that communities are consulted and that they have confidence that if they are to make a local plan it should have some validity, particularly once they are into the process. These amendments seek to ensure that. Amendments 9, 10 and 11 look at the modification procedure and give the opportunity to move it from a written to an oral procedure. That is important. It may well be that it should be much more either/or, but at the moment it is much more towards the written procedure apart from exceptional circumstances. I am interested to hear what we get back from the noble Lord in respect of that.

We have also begun to mention a number of words in the debates on the Bill, such as “modification”. Words are important, particularly to planning. Planning is complicated. I am not a lawyer. I am a councillor and I am on a planning committee, but I rely heavily on the advice we get from our planning officers on looking at applications. Rules are also important, and the noble Lord, Lord Shipley, mentioned “the general rule”. What worries me is the flexible rule, which might be so flexible that it is not a rule at all. We need to be very careful about what we are doing here.

I would also like the noble Lord to tell us a little about the examiner. The examiner will look at an application and will want to determine and pass it properly, so we must hope that he is working to soundly based rules as well. It would be useful to learn about the rules they operate under. It seems odd that an examiner can simply throw out a proposal that has been agreed, especially having heard about how important these processes are from the noble Lord, Lord Taylor of Goss Moor. So it will be interesting to hear about exactly what takes place and what the examiners are told. I am conscious that these are probing amendments and I look forward to the noble Lord’s response, at which point I may have one or two more questions for him.

[Lord Bourne of Aberystwyth]

My Lords, perhaps I may say as I crawl across the minefields in the mist having been battered by iron fists and with my feet held to the fire, that I will try to deal with some of the issues that have been raised quite fairly by noble Lords relating to this group of amendments. It may help if I first try to put this in the context of what the Government have done to promote and improve neighbourhood planning—just so that we do not lose sight of what is important.

The measures introduced by the Housing and Planning Act have sped up and simplified a number of processes, with, for example, new time limits being imposed on planning authorities and more transparency in committee reports. We have provided £22.5 million-worth of support for neighbourhood planning groups and have provided more than 1,800 grants to the value of over £10 million. Also, some £13 million has been paid out to local planning authorities to help them meet their responsibilities. I have referred to the Written Ministerial Statement of December 2016, which was provided to address the issue raised by communities about the transition problems around the operation of the five-year land supply requirements. This Bill will put it beyond doubt that decision-makers must have regard to neighbourhood plans that have passed examination—it is important to nail that. It also makes clear the advice and assistance that local planning authorities are able to provide to neighbourhood groups and it will bring neighbourhood plans into legal force as part of the development plan at an earlier stage, all of which is important.

Before I turn specifically to the amendments tabled by my noble friend Lady Cumberlege, perhaps I may address a couple of points raised by the noble Lord, Lord Shipley, in the context of Schedule 1 relating to the procedure for examination as set out in new paragraph 12(1). The words “the general rule” replicate the language used in the Localism Act 2011 under the coalition Government. I appreciate that that is not the whole of the answer, but the phrase has been put in for good reason in that there is a substantial amount of case law that defines what “the general rule” is. I will endeavour once again in the compendium letter that I will send round to give examples of how it would operate.

I would also say to the noble Lord that new paragraph 12(2) makes it clear that it is not just the examiner who can initiate an oral hearing, or at least that it may be but he would be required to do so under new paragraph 12(2)(b),

“in other such cases as may be prescribed”.

It is not as if he has a totally unfettered discretion. Indeed, we may want to examine this heading when we discuss the specifics because it does provide for cases to be prescribed.

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[Lord Kennedy of Southwark]

My Lords, I intervene only briefly because I made reference to turnouts in my speech at Second Reading. It may well be that the figure of 40% is too high, but our concern is that a plan can be approved on a very small turnout, which itself could cause problems. That is why we have put this amendment forward for debate, but it is certainly not an attempt to wreck anything. As I have explained before, I am a councillor in Lewisham where we are actually producing our own neighbourhood plan. We are about a year into it because it is a very complicated process, but it has definitely involved many members of the local community and I am supportive of that, as is my noble friend Lord Beecham.

Perhaps there should be a discussion about what would be a legitimate figure. Would a turnout of 1%, 2% or 5% be legitimate? At what point would a plan genuinely have community backing when it is put to a referendum? That is the point of the discussion today, rather than any attempt to wreck the provision. I think that we have had a useful discussion that has covered a range of issues.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lords, Lord Beecham and Lord Kennedy, for raising this matter. I am not sure whether they believe in the 40% figure, 4% or 2% because that is not entirely clear. Perhaps I may say that I do not think that their hearts are quite in it. The most alarming thing about the debate is that on this basis, Newcastle would have been deprived of the noble Lord, Lord Beecham, and Lewisham possibly deprived of the noble Lord, Lord Kennedy, to the detriment of our national life. I would have thought that the presence of the noble Lord’s name on the ballot paper would have ensured a really high turnout. More seriously, this is not something that we can pursue.

Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2016

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 21st December 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, as we have heard, these regulations bring into effect a transitional scheme to phase increases and reductions on non-domestic rates following a revaluation. The scheme has been in place before and it applies only to England, as these matters are devolved in the other parts of the United Kingdom. I have no problem with the regulations as they stand but I have one or two questions for the noble Lord, Lord Bourne of Aberystwyth.

On the consultation process, I noted that there was only one month down for consultation. Does the Minister think that was sufficient? Given that the Government received only 173 responses, is that a good rate of return and how was the consultation conducted? Was it just an item put on the department’s website or was more than that done, so that people were spoken to?

I agree very much with my noble friend Lord Beecham’s points in respect of council tax revaluations. I think that it is now 20 or 25 years since revaluation, which is long overdue. I recall the noble Lord, Lord Marlesford, who is not in his place today, bringing forward a Private Member’s Bill last year on this very matter of increasing the number of bands. He clearly outlined to the House the problem that we have, which the Government will at some point need to look at. I also agree with the comments of the noble Lord, Lord Shipley, about the impact assessment.

I also note on the consultation that the department will not issue any formal guidance on the transitional arrangements, which the Government say will be implemented by very experienced staff. I hope it will be confirmed that informal guidance would be available to any authorities that need it from the department. With that, however, I am happy with the regulations as they stand.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in this debate on the non-domestic rating regulations very much. I will endeavour to deal with the points that they have raised.

First, on the point raised by the noble Lord, Lord Beecham—and indeed by the noble Lords, Lord Shipley and Lord Kennedy—in relation to council tax revaluations, this point was raised in Questions. I indicated then to the noble Baroness, Lady Tonge, that I would write to her on that issue. I make the same undertaking to noble Lords who have participated in this debate. I know that there is no proposal for any revaluation at this stage and I do not think there is any significant pressure for one, whereas businesses have certainly embraced the need for a business rate revaluation. That is part of the Government’s plans but I will write on that particular point.

The noble Lord, Lord Shipley, raised the absence of an impact assessment. It is normal not to prepare an impact assessment for tax measures but we and the Valuation Office Agency have published detailed information on the revaluation and the way that it has been handled.

The noble Lord, Lord Kennedy, raised points in relation to the consultation. I do not think that there has been any significant pressure for a longer period of consultation; essentially, it was carried out via the website. The consultation was of course on the basis of the different methods of conducting the revaluation, which is mandatory. We were not consulting on the need for revaluation; it was more the way that it was carried out. He is right that there were 173 responses from ratepayers and local government. Although only 24% supported our preferred option, that figure was higher than for the alternative option for carrying forward the revaluation. I hope that that is of interest to the noble Lord.

Greater Manchester Combined Authority (Functions and Amendment) Order 2016

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 21st December 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, the order before us today is one of a number of orders in respect of the Greater Manchester Combined Authority and puts powers in place so that when we get the mayor elected next May, they can hit the ground running. The powers here include the power to prepare a spatial development strategy, which will of course enable the authority and the mayor to improve growth in the conurbation. As we have heard, the powers are similar to those already exercised by the Mayor of London and will be exercisable only by the mayor. Compulsory purchase powers will be exercised by the mayor with the agreement of the combined authority. I am supportive of the powers.

Greater Manchester is growing, with jobs being created, enabling the conurbation to increase in prosperity, so these powers are very welcome. The delivery of more housing and housing development is important, as is ensuring that we have transport that meets those growing housing needs and works well. I was pleased to hear about the additional powers in respect of bus franchising in advance of the buses Bill, and that again is very welcome.

However, perhaps the noble Lord could just comment on the court case involving Sheffield and the consultation there. There will be other devolution deals around the country, and it would be helpful to know what is being decided about the action by Derbyshire County Council. I agree with many of my noble friend Lord Beecham’s comments in respect of Greater Manchester. We obviously wish the authority very well next year in the elections, but equally it highlights how much money the authority has lost recently and going forward. The noble Lord mentioned the northern powerhouse, but we need to address the fact that billions of pounds are being taken away from Greater Manchester areas, and other areas as well. It is important to note that we risk ending up with a northern poorhouse rather than a northern powerhouse.

I also have a brief comment about the report in the Times today on voting that my noble friend Lord Beecham mentioned. It is only speculation in a newspaper, and it may not be true, but if it is true, I assume at some point next year we will have some legislation on what you need when you go and vote, such as passport, driving licence or utility bill. As my noble friend said, if you are 18, you may not have any of those three documents in your possession at all. We need to know a bit more about that. I accept that the Minister may not be able to tell us today, but we need to find out about it urgently.

It is disappointing that we get reports of these things in the media when I and other noble Lords have talked about the underregistration problem in this country. Millions of people should be on the register today but are not; the Government have done next to nothing on registration in recent years. That is a real shame. Whatever comes from the Government must be proportionate and not an overreaction. I would be interested to know how many court cases there have been for voter fraud in this country—I think there have been very few—and how many convictions; I think it is even fewer.

I remember that when I worked for the Labour Party, I brought a case against the Conservative Party in Slough. We won the case and the councillors concerned were all kicked out of office. That involved multiple applications to register to vote. I remember the official showing me the pictures of these houses. They were burnt-out shells, but dozens of people were registered as living there. In court, it was quickly shown what was going on; people were quite rightly kicked out of office and some went to prison. I would be interested to know how many people the Minister thinks such court cases involve, but we must work on registration; that is the most important thing. With that, I am content with the order.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in the debate very much indeed and will seek to deal with the points that they raised. The noble Lord, Lord Beecham, raised some points about funding which I will try to deal with. First, in relation to housing, he will appreciate that the £300 million fund for housing is to kick-start housing projects that would otherwise be difficult to fund. Much of the money will be recycled in so far as it is money for rent to buy, for example; that is part of the answer. The money within the order—the £30 million per year for 30 years—is of course not the sum total that is being spent on the northern powerhouse. For example, £500 million of investment has gone into infrastructure projects such as the M60, the A66 and the M62; money has been spent under the Weller review of skills; money is going in to schools’ strategy, and so on. Much is happening with the money referred to in the order. I echo the congratulation of the noble Lord, Lord Shipley, of the local authorities concerned and those in Manchester who have been driving this forward with considerable enthusiasm. It is an object lesson in how these things can move forward successfully.

I turn to points raised by the noble Lords, Lord Beecham and Lord Kennedy, about electoral arrangements, electoral fraud and how we deal with it. Whether it is in Old Sarum, Slough or elsewhere, I do not think anyone would suggest that a single political party has the monopoly of right when it comes to fraud or benefiting from it. It happens across the piece and, where it does, even on a small scale, we want to deal with it. It is in that context that the report appears in today’s Times. I confirm that the electoral arrangements for Manchester and the other devolution deals that are going forward will take place in the traditional way, without innovative arrangements.

I turn to comments made by the noble Lord, Lord Shipley, and thank him—and, indeed, the noble Lords, Lord Beecham and Lord Kennedy—for the general welcome he gave to the draft order. I can confirm that the arrangements that we put in place are subject to the openness that the noble Lord referred to: that is part and parcel of what we are seeking to do. We will honour those commitments. An order relating to overview, scrutiny and audit, which he did not mention but covers some of the same territory, is currently before the House and is to be debated early in the new year. He fairly raised a timetable for remaining deals that are going through. One exists in the department which I have seen, if I am not mistaken, so I will endeavour to circulate it to noble Lords so that they are party to the same information that I have somewhere.

The last major issue raised was about Sheffield by the noble Lord, Lord Kennedy. As I understand it, there has been a court judgment this morning that indicates that further consultation is necessary—a court case brought by Derbyshire. It has not stopped the deal going forward, but it means that it may be subject to delay. We will obviously want to study the judgment before coming to a considered conclusion—it happened only a couple of hours ago—but I will once again endeavour to ensure that noble Lords who participated in the debate are updated on it and will place a copy in the Library as well, if I can.

With that, I thank noble Lords, who have been very supportive of the draft order and commend the regulations.

Affordable Housing

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 15th December 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a councillor of the London Borough of Lewisham and a vice-president of the Local Government Association.

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

My Lords, the Government do not do a formal assessment in this area but we recognise that the country’s housing shortage can act as a barrier to employers recruiting the skills that they need.

[Lord Kennedy of Southwark]

My Lords, the problem is particularly stark in London, where a survey by Grant Thornton found that 84 % of businesses in the capital believe that London’s housing costs and housing shortage pose a risk to its economic growth. When are the Government going to start working with the Mayor of London to build the thousands of council and housing association homes at true social rents that are needed and accept that the overreliance on the affordable rent model, at up to 80% of market rents, is just not working and is damaging businesses, jobs, prosperity and growth in London?

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord will be aware that we have just reached a record settlement in London with a £3.15 billion package, which has been acknowledged by the Labour Mayor of London and widely welcomed, not least by the Labour mayor of Lewisham, Sir Steve Bullock. Therefore, I think the noble Lord will associate himself with that welcome.

Casey Report

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 6th December 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I thank the noble Lord for repeating the Answer to the Question asked in the other place. I refer noble Lords to my declaration of interests: I am a locally elected councillor and a vice-president of the Local Government Association.

I thank Dame Louise Casey for her report. It provides an important opportunity to address big social challenges facing our country in a realistic and mature way.

The report demonstrates that the Government cannot continue to hollow out the social infrastructure and local council and public services that do so much to encourage integration without paying a heavier price in the long term. The key recommendation in Dame Louise Casey’s report is the importance of being able to speak English. That way, isolation and subjugation are not able easily to take hold. Does the noble Lord regret the decision taken in July 2015 to withdraw the funding of English for speakers of other languages courses? Does he agree that decisions like that damage integration and increase economic exclusion, inequality and segregation in some of the most deprived communities in our country?

[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.

Housing and Planning Act 2016

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 24th November 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

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

My Lords, the Housing and Planning Act 2016 is helping us to build more housing, as will announcements made in yesterday’s Autumn Statement. I am sure that noble Lords would want to welcome the detailing of £7.2 billion of spending on housing supply that was made yesterday.

[Lord Kennedy of Southwark]

My Lords, during the passage of the Housing and Planning Act, we said that pay to stay was unworkable and would cost more to administer than the money it would raise. We were told by the Government that there could be no movement on it and that we were tabling wrecking amendments. Now that the Government have agreed with us and dropped this policy, can the Minister look further at the gross unfairness of the forced sale of vacant council houses, which penalises poorer families? Will he drop this dreadful policy and instead build more social houses?

[Lord Bourne of Aberystwyth]

My Lords, as I say, the announcement made yesterday will add to housing supply. The noble Lord will know that pay to stay remains a voluntary policy—indeed, there are occasions where I think it appropriate that people on high incomes should pay—but I take his comments to indicate support for the move that we have taken.

--- Later in debate ---

[Lord Bourne of Aberystwyth]

My Lords, it is important that we get the balance right on housing by ensuring that we have people in social housing for an appropriate time, in order to ensure that as many people as possible are housed. Of course the Government take account of all these things. As the noble Lord will know, we are looking at restricting local authority lifetime tenancies, and 20 local authorities across the country are looking at how we proceed with this. But he will appreciate that the aim of the Government, and the commitment of the Prime Minister, is to build as many houses as possible because this is the basic problem facing the country. Some of those houses will be on an owner-occupied basis and some will be for affordable rent.

[Lord Kennedy of Southwark]

My Lords, what was the new information the Minister referred to in his previous response?

[Lord Bourne of Aberystwyth]

My Lords, after consulting authorities and taking account of relevant circumstances, it became appropriate to look at this again. I would have thought that, rather than the exultant crowing we seem to be getting, noble Lords opposite would welcome what is a considered response to a problem to ensure that we have the appropriate level of protection for people in relation to their incomes. But as I say, there are undoubtedly some people in local authority housing who are not paying enough, and that is where the voluntary right of councils to respond with appropriate rents will come into play. We are building more houses than ever before. We have certainly exceeded the number of council houses built in the past six years—more than double what the party opposite managed in 13 years—and it is important that we focus on that and ensure that we build as many houses as possible. I encourage the party opposite to do the same.

Renters’ Rights Bill [HL]

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Committee: 1st sitting (Hansard): House of Lords
Friday 18th November 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I should first declare that I am a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I fully support Amendment 1, moved by the noble Baroness, Lady Grender. It replaces what is presently in the Bill with a more detailed provision to further protect tenants and, we hope, avoid a rogue letting agent getting around the Bill. I am particularly pleased to see the reference to deposits in subsection (3). As the noble Lord, Lord Thurlow, said, the amendment also gives flexibility on what should or should not be treated as a premium by giving the Secretary of State power to make regulations to set that out. Importantly, it also allows the Secretary of State to set by regulation the maximum amounts that tenants may be asked to pay; a welcome flexibility here.

I also endorse the general comments made by the noble Baroness, Lady Grender. As she said, housing is an issue that we have debated many times and will continue to do so: the cost of housing, up-front costs, fees, the lack of social housing, the cost of rent in the private sector, et cetera. The noble Lords, Lord Shipley, Lord Best and Lord Thurlow, all made contributions that I endorse. The noble Baroness, Lady Gardner of Parkes, expressed some concerns and reservations about the clause and the amendment in particular. I do not agree with her: these fees and charges can be abused and tenants taken advantage of; the amendment seeks to address that. I particularly endorse the comments of the noble Lord, Lord Thurlow, who spoke about the effect that supply and demand has on the housing market. As he also said, at present, the legislation is not fit for purpose. I fully endorse the amendment and hope that we get a positive response from the Minister.

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

My Lords, I thank noble Lords who have participated in the debate on this amendment, particularly the noble Baroness, Lady Grender, for so ably moving it and making some very significant points in relation to this. The Government are clear that the majority of letting agents provide a good service to tenants and landlords—that is our starting point. The Government also know how important housing affordability is and the challenges faced by some tenants, in terms of consumer protection. We have introduced a number of measures to help to tackle this issue. Since 1 October 2014, for example, it has been a legal requirement for letting and managing agents in England to belong to one of the three government-approved redress schemes. Those schemes offer a clear route for landlords and tenants to pursue complaints, weed out the cowboys and cowgirls who give agents a bad name, and drive up standards.

While landlords and letting agents are free to set their own charges, they are prohibited from setting unfair terms or fees under existing consumer protection legislation. We have gone further; in May 2015, under the Consumer Protection Act, we introduced transparency measures that require letting agents to publicise a full tariff of their fees, whether or not they are a member of a client money protection scheme or which redress scheme they are a member of, prominently in their offices and on their website. For the first time, a fine of up to £5,000 has been introduced for agents that fail to do this.

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[Lord Bourne of Aberystwyth]

The noble Baroness will have heard me say very clearly that we are awaiting the outcome of both the working groups looking at the issue. They will provide important evidence and will have looked at this issue in far greater detail than I have, so I anticipate looking at that when we have the report. I want to take this away and consider it further. I am not opposing the amendment; I am expressing reservations. The noble Baroness and other noble Lords have raised some important issues. I will take this away: we really do need to see the evidence. I hope noble Lords will understand that this is an evidence-based approach that I want to be pragmatic about.

[Lord Kennedy of Southwark]

Is the Minister going to address the comments made by the noble Lord, Lord Thurlow, about supply and demand and rent levels? All noble Lords accept that we have a major housing crisis in the country now. I live in Lewisham and when I look in estate agents’ windows I am always shocked at the level of rents now charged in that part of south-east London. Very modest houses can now command extortionate rents and people are just driven out of the area.

[Lord Bourne of Aberystwyth]

The noble Lord will have previously heard me and the noble Lord, Lord Thurlow. There is an issue of housing supply across the board. There is no question of that: it has been a problem for successive Governments and we have to address it. It is not as simple as addressing a particular part of the problem: it is across the board. There are challenges in all the sectors: private rented, social rented and owner occupied. This is not a straightforward issue and we have to be careful that any changes that we make do not have impacts elsewhere. I therefore want to reflect on this in a positive way and consider all the evidence.

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[Lord Kennedy of Southwark]

My Lords, I will be very brief, as I am conscious of the time. I fully endorse Amendments 2 and 3, tabled by the noble Lord, Lord Tope. The noble Lord has a track record in campaigning for electrical safety in the private rented sector, and I pay tribute to him for that. As we have heard, the amendment seeks to ensure that letting agents acting on behalf of landlords can be enlisted to ensure that they meet their statutory responsibilities. As the noble Lord also reminded us, we have protections for gas and carbon monoxide poisoning through checks, and it is only right that we get electrical safety checks on the same statutory footing. I fully support both amendments.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Tope, for moving these amendments and the noble Lord, Lord Kennedy, for his brief contribution. If approved, these amendments would require the Secretary of State to introduce regulations requiring landlords and/or their agents to ensure that electrical safety standards are met in their rental properties. I am conscious that many noble Lords, rightly, feel strongly about electrical safety—I also pay tribute to the noble Lord, Lord Tope, for his campaigning role on this—and that it has raised considerable debate. I also know that Shelter has campaigned on this; I pay tribute to its role.

Yet again, the Government are taking a measured and pragmatic approach. As noble Lords have appreciated, we have taken an enabling power in the Housing and Planning Act 2016 that allows us to introduce requirements on regular electrical safety checks in rented properties at a future date. It has also been stated, correctly, that we have established an electrical safety working group and are working with experts from across the sector to fully assess whether regulations are needed and, if so, to determine the detailed options for regulation. It would therefore not be appropriate for me to say, “These are the regulations that we will bring forward” or to give a date when we will bring them forward, because we are awaiting the report. The working group has met twice, is due to meet again in the coming weeks, and it is due to present its reports to Ministers by the end of this calendar year.

Six months is an appropriate period in this regard; it is entirely right that on something of this nature we look to a working group to report in a six-month period, and that is what we are doing. The Government will then need to consider it and will of course do so—it is an important issue. I am afraid that I cannot give an undertaking about when regulations will come forward if they come forward. I will not say “in due course”, “timely” or “coming shortly”. However, the Government take this issue seriously, and I can understand the spirit in which these important amendments have been tabled. I can provide the reassurance that the Government regard this as important and will carefully consider the report of the safety group.

However, as I said, it would be premature to commit to legislation, and particularly the scope of any legislation, before the working group has concluded its research and before we have had a chance to look at it and consider what is appropriate in the light of that research.

[Baroness Grender]

My Lords, again it will not surprise the House to hear that I am minded to accept Amendments 2 and 3. This is a Government leaning on the rented sector for support, like leaning on a walking stick that has woodworm, damp and dry rot. We need to improve the rented sector to meet the needs of people over at least the next decade, if not two. Shelter’s research states that one-third of privately rented homes in England do not meet the Government’s decent homes standard, while almost one-fifth pose serious health and safety hazards. The lack of compulsory electrical checks plays a significant part in that.

As I conclude on the final part of this amendment, I would like to pay tribute to Electrical Safety First, which has been campaigning, along with my noble friend Lord Tope, to bring about these changes. More widely, I would like to thank Debrief and its petition, Generation Rent, Shelter, Crisis and Citizens Advice, all of which supported the Bill. I would also like to thank Hull City Council, which yesterday passed a motion at full council supporting the Bill. The motion was proposed by Liberal Democrat Councillor Charles Quinn and supported by Labour councillors. I am sure that the Minister will be pleased to hear that Conservative Councillors John Fareham and John Abbott also voted in favour in Hull, because all three parties think that renters now need a fairer deal and that getting rid of up-front costs will help.

I want to take the opportunity to say that I am pleased that the earlier clause on rogue landlords received the support of the noble Baroness, Lady Gardner. That information should be publicly available in the same way that, for instance, employers who flout the national minimum wage are made public. I see no reason why information on rogue landlords cannot similarly be made public.

In conclusion, and in the knowledge that there possibly will not be a Report stage for the Bill, I want to say that we on these Benches will not let any of the issues in the Bill rest here. My colleague Tom Brake in the Commons will take up as many of them as he can. If a White Paper is to be forthcoming, we will try to ensure that all four of the substantive clauses are continued through other legislation. In particular, we will continue to pursue, with some passion and vigour, the issue of up-front costs to tenants, which is hurting tenants every day.

[Lord Kennedy of Southwark]

Before the noble Lord, Lord Tope, decides what he will do with his amendment, I want to say that I worry that the Minister’s use of the word “measured” is another euphemism for “in due course”. Will the Minister please take back to the department the strength of feeling here? Although six months may seem a relatively short time, this issue has been around for a very long time. As the noble Lord, Lord Tope, said, we really have to sort out the electrical safety check to prevent deaths. The Government have the power and we need to resolve this sooner rather than later.

[Lord Bourne of Aberystwyth]

My Lords, I fully accept that. I think the noble Lord is in danger of appearing churlish on this. I have said that we regard it as a very important issue. However, it would be premature to act before the working party has brought forward its report, which it will shortly do. As soon as it does, the Government will look at it very seriously. I do not think that that is an unreasonable approach.

Living Home Standard

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 17th November 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, declare that I am an elected councillor of the London Borough of Lewisham and a vice-president of the Local Government Association.

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

My Lords, good-quality housing is an absolute priority for this Government. Shelter is a valued partner in this area and we welcome its contribution to the debate. The figures quoted in Shelter’s report are of course based on the perceptions of those surveyed rather than the actual standards in people’s homes.

[Lord Kennedy of Southwark]

My Lords, I read with interest in Inside Housing this week that several meetings of the DCLG had been cancelled, including those of the “pay to stay” working group, and I hope that it never meets again. Rather than following the divisive measures in the Housing and Planning Act, we need to get on and build thousands and thousands of homes of all tenures. Does the noble Lord agree that affordability is a huge problem and that we need to reduce the cost of housing in the long term? Does he also agree that, if we are to deliver on the Government’s housing commitments, there must be a big increase in the number of council homes at truly affordable social rents?

[Lord Bourne of Aberystwyth]

My Lords, I am very pleased that the noble Lord welcomes the measures that we have taken in relation to “pay to stay”. I assure him that the measures against rogue landlords in the Housing and Planning Act were welcomed by Shelter. I will be reporting him to Shelter because it is very pleased with the measures in that regard.

Directly Elected Mayors

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 31st October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I bow to the noble Lord’s knowledge—I know he is very well aware of the local situation—but it is for the people of the locality to come forward with the plans and then, of course, it will be looked at by the department. However, I take his point on the specific example.

[Lord Kennedy of Southwark (Lab)]

My Lords, I declare an interest as an elected councillor of the London Borough of Lewisham and as a vice-president of the Local Government Association. Will the Minister explain to the House why these ambitious deals must have a directly elected mayor? Why cannot the local people decide?

[Lord Bourne of Aberystwyth]

My Lords, with respect to the noble Lord, I think I have already answered that question.

Short-Term Letting: Deregulation

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Wednesday 19th October 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

I will have to write the noble Baroness on that rather technical issue. It is an important issue but I have no knowledge of that and would not want to mislead her, so I will reply to her in writing and ensure that a copy is placed in the Library.

[Lord Kennedy of Southwark (Lab)]

My Lords, at the very least, the Government should take action to ensure that holiday letting company websites are checking that houses on their sites are genuine lets of less than 90 days. Otherwise, there is a risk that statutory regulation, safety requirements and insurance provisions are not being complied with.

[Lord Bourne of Aberystwyth]

My Lords, that was an exhortation to the Government. As I said, the power lies with local authorities. There are things that the Government should be doing—I would be the first to admit that—but this rests with local authorities and I encourage them to do that. That is the position under the Deregulation Act. It is also a responsibility of landlords to ensure that the terms of the lease are adhered to. This is not a direct responsibility of the Government. We ensure that councils have the proper powers and landlords have the facility to go to court, but the responsibility rests with local authorities and landlords.

Self-build and Custom Housebuilding (Time for Compliance and Fees) Regulations 2016

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 18th October 2016 Grand Committee

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

My Lords, I beg to move that the draft Self-build and Custom Housebuilding (Time for Compliance and Fees) Regulations 2016, which were laid before the House on 14 July, be approved and come into force on 31 October. If approved, the regulations will, first, set out the time provided for local authorities to comply with the duty to grant sufficient planning permission to match demand on their self-build and custom housebuilding registers; and, secondly, provide for local authorities to charge fees for those to enter or remain on their self-build and custom housebuilding registers on a cost recovery basis.

This Government are committed to driving up housing supply, and promoting and supporting self-build and custom housebuilding are integral to delivering on that commitment. Doubling the number of self-build and custom build houses by 2020 will not only create much needed new homes but enable more people to live in homes designed by them to meet their specific needs. It will also provide welcome new business opportunities for smaller housebuilders, support and create new jobs, and drive innovation in alternative building techniques.

To take forward this commitment, we passed the Self-build and Custom Housebuilding Act, introduced in another place last year by the honourable Richard Bacon, and Sections 9 to 12 of the Housing and Planning Act earlier this year. The Self-build and Custom Housebuilding Act 2015, which the noble Lord, Lord Best, took through this House, came into force on 1 April this year. As a result, for the first time all local planning authorities have been required to keep a register of those who wish to build or commission their own home in their area and to have regard to that register when carrying out their housing, planning, land disposal and regeneration functions.

A fundamental barrier to more people building or commissioning their own homes is the lack of suitable available plots for self-build and custom housebuilding. These regulations, together with the Self-build and Custom Housebuilding Regulations 2016 that were laid in Parliament last week, are the final component of our legislative framework to support the doubling in size of the self-build and custom housebuilding sector. If approved, they will be critical to increasing the availability of land for self-build and custom housebuilding in England. They will require local authorities to grant enough planning permissions to match demand on their registers within three years of the year in which those entries are made in the register, ensuring that land for self-build and custom housebuilding is made available in a timely manner. This strikes the right balance between ensuring that authorities have sufficient time to identify suitable land and satisfying the need of those seeking land to build or commission their own home quickly.

The regulations also allow local authorities to charge a fee to those to be entered on their register and, where the number of entrants on the register count towards the number of plots for which an authority must grant planning permission, for them to charge an annual fee in subsequent years while the person remains on the register. It is important that authorities are able to charge fees only on a cost recovery basis. This will ensure that any fees charged are reasonable and reflect the costs incurred by the authorities.

Self-build and custom housebuilding have the potential to play a significant role in securing greater diversity in the housing market, as in other parts of Europe. We are fully committed to doubling the size of the self-build and custom housebuilding sector and we want it to become a mainstream form of housing, enabling more people to design their own homes to meet their specific needs. These regulations will increase opportunities for aspiring self-build and custom housebuilders to realise their ambitions of designing and building their own homes. I therefore commend the draft regulations to the Committee.

[Lord Kennedy of Southwark (Lab)]

My Lords, I will start my brief remarks by making my usual declarations that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. I fully support the regulations before us today. They are a welcome boost to increasing the amount of self-build and custom-built homes in the UK. We have a number of self-build plots in Lewisham and I support them. I like the idea of new homes and innovation and it is very good if people are able to build properties themselves if they want to. Being able to double the number of plots and houses available would be very positive.

A week or two ago, we had a very interesting debate on housing. More generally, I hope we now all accept the need to increase the number of houses built for various tenures. It irritates me when people sometimes suggest that it is councils that hold back planning permission for property generally. In fact, we often agree permission for housing and then nothing happens. I hope that, in agreeing these regulations today, and looking for more plots, the Minister will also take a wider look at the whole question of planning and what we can do about plots of land with multiple permissions but on which nothing ever happens. Perhaps we can make some of those plots available for someone else to build more self-build houses. The real problem we need to look at is building more houses of different types. However, these regulations are very good and I am happy to support them.

[Lord Jones (Lab)]

My Lords, I thank the noble Lord, Lord Bourne, for the clear and resonant tones in which he spoke to the instrument. These were, no doubt, honed in the Wales Assembly—where he had a distinguished role and no little success—and a Welsh university.

My first brief question, with which, perhaps, his officials can help, is: how much self-building has occurred in previous years in England? Is there a record of self-builds for England in a recent year? Secondly, what sort of fees are paid individually on a self-build in England in a reasonably modest location? Is it possible for him to respond to those two questions? My third question, which I suspect he will not be able to advance on, is regarding any details concerning Wales.

Homelessness

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Monday 17th October 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, I beg to ask the Question standing in my name on the Order Paper. In doing so, I refer Members to my entry in the register of interests. I am a councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.

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

My Lords, measuring hidden homelessness is inherently difficult, as there is no agreed definition or reliable method of data collection. Therefore, the Government have made no assessment of hidden homelessness.

[Lord Kennedy of Southwark]

My Lords, we live in one of the richest countries in the world. Does the noble Lord agree that the increase in homelessness over recent years is nothing short of a national disgrace? What assessment have the Government made of the Homelessness Reduction Bill introduced by Bob Blackman MP in the Commons, which seems very welcome and deserves cross-party support?

[Lord Bourne of Aberystwyth]

My Lords, I share the noble Lord’s feeling that homelessness is something that we need to take action about. He will know that it is a very high priority for the Prime Minister and the Government. I agree with him that the Bob Blackman Bill is worth serious consideration. He will know that it has gone through pre-legislative scrutiny by the Communities and Local Government Select Committee, and the Government are considering it closely.

Home Ownership

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Thursday 15th September 2016 Lords Chamber

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what action they are taking to reverse the decline in home ownership.

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

My Lords, the Government have halted the decline in home ownership and are committed to going further. We are supporting first-time buyers who wish to get on the housing ladder through our Help to Buy, shared ownership and starter homes policies.

[Lord Kennedy of Southwark (Lab)]

My Lords, I draw the attention of the House to my entry in the register of interests: I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. When does the noble Lord think we will next see the levels of home ownership that peaked around 2005? Does he agree with the comments of the Housing Minister, Mr Gavin Barwell, when he spoke about the need to build homes of all tenures and not focus on one single tenure? What are the implications of those comments for the starter homes programme?

[Lord Bourne of Aberystwyth]

My Lords, as I indicated, the decline in home ownership has been halted. In fact, there has in the last year been a slight increase in home ownership, though not statistically significant. I agree with my friend in the other place, Gavin Barwell, about the need for homes of all tenures. We are also focusing on helping to rent, as well as helping to buy. Certainly, one thing we are very much focused on is council house building, where our record stands comparison with the Labour Party’s.

Neighbourhood Planning (Referendums) (Amendment) Regulations 2016

Debate between Lord Bourne of Aberystwyth and Lord Kennedy of Southwark

Tuesday 6th September 2016 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, first, I welcome the noble Lord, Lord Bourne, and congratulate him on his new appointment and responsibilities. I know that he has been in the job for some time but this is the first time I can formally congratulate him and wish him well in his new position. We will not agree on everything but I assure noble Lords that I will engage constructively with him on all matters in his brief that come before your Lordships’ House. Where we believe that the Government have got it right I will happily say so, and when we offer alternatives from this Dispatch Box it will be because we believe that there are better solutions to the problems being considered. I also declare that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association, and in general refer the House to my declaration of interests.

I am a supporter of neighbourhood planning and allowing maximum community involvement in decisions that affect local communities. As I have told the House before, in the ward I represent on Lewisham Council, Crofton Park, we are developing a neighbourhood plan. We hope to be able to submit it to the council early next year and then proceed quickly to a referendum. It is right that a referendum is held as soon as possible and in most cases 56 days, as the order allows for, gives enough time to undertake and prepare for the vote but also means that it is still a fresh and live issue locally and is not allowed to drift. There are a few alterations to that when situations are a bit more complicated, as the noble Lord, Lord Bourne, outlined, and allowing a group and the council to agree sensible variations to enable the poll to coincide with a local event or an election that is taking place in three months in the same area is sensible and has my full support.

I agree with the points made by my noble friend Lord Beecham in his contribution to this debate, in particular on the funding proposals that will be made available. I hope that the Minister will respond to those.

That brings me to the assertion, which we heard many times from noble Lords opposite during the passage of the Housing and Planning Act, that somehow all these councils are dragging their feet and holding up all these planning applications and all this development. That assertion was made many times and I remember putting a few Questions down, which showed, as my noble friend highlighted, that literally hundreds of thousands of applications have been passed by local authorities but nothing has happened. I know of one in my own ward: an application went in to put some new shops and houses on a big site, but all that has happened is that a sign has gone up which says, “Full planning permission given”. Nothing else has happened —it just sits there. So local planning authorities are not the problem; there are thousands of sites that we need to deal with and get on with. I hope that the Minister will be able to bring some solutions to the House in the future.

I could go on but I am supportive of what is in the proposals here and I am happy for them to be approved.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords who have participated in this debate. I shall try to pick up the various points—there are some interesting ones—in the order in which they were made, so I will first address those made by the noble Lord, Lord Beecham. He raised questions about how many plans have been abandoned. Communities are beginning the process on a daily basis. Some 450 draft plans have been published and we are supporting communities through this process. I will give the noble Lord some indication of the financial assistance in a minute. He also asked about turnout of voters and kindly said that I probably did not have the precise figures for all areas at my fingertips, which was an accurate summary of the position. However, so far, the average turnout of voters across referendum areas has been 32%, which I think he will acknowledge is in line with local authority elections generally. Obviously there is some variation; I will get a letter to him giving a more detailed breakdown and I will put it in the Library as well, so that noble Lords have access to the information.

The noble Lord quite validly asked about the funding available, I think for neighbourhood planning in general and perhaps for the referendum process in particular. We are funding neighbourhood planning with a £22.5 million support programme from 2015 to 2018. On referendums, money is available for every planning authority—£5,000 for each of the first five neighbourhood areas they designate and £5,000 for each of the first five neighbourhood forums; that is, where there are businesses that they designate. In addition, they will receive £20,000 when they set a date for a referendum following a successful examination of a neighbourhood plan. So money is available for this process because there is a cost associated with it.

The noble Lord will correct me if I am wrong but I think he is supportive of neighbourhood planning. He is indicating that he is so, gladly, we can get that on the record. He made a more general—somewhat off-piste—point about the regulations for planning applications. I hope he will accept that that is perhaps the subject of a debate for another day. I recognise that it is an issue to look at and perhaps we can do so in a QSD or during debate on the forthcoming Bill. I acknowledge that there is an issue there but I do not think it should detract from this very specific matter, which I believe he supports. Certainly the noble Lord, Lord Kennedy, indicated support for it from the Front Bench.

I thank the noble Lord, Lord Foster of Bath, for the general support he offered. I know he has a good history on this issue in the Commons. We will be looking at the website in the light of his comments on the general position and the specifics, and we will obviously update it in the light of the new regulations—as I hope they will be at the end of this debate. However, I thank him for his general support for the concept of neighbourhood planning and for these regulations.

My noble friend Lady Oppenheim-Barnes made a point about a possible legal challenge on the costs. There are costs associated with referendums. I suppose it is rather like the cost of democracy in holding elections in general, where there will always be a cost. The planning officer cannot override neighbourhood plans or, under these regulations, hold them up unless there is a valid legal challenge, which will have to go through the courts. I readily acknowledge that hold-ups occur across local authorities under different political control—there is no partisan point here. I could name the authorities in question and am almost tempted to do so. However, the longest hold-up is 400 days, which is too long. Frankly, that is why we are bringing these regulations forward. We want to ensure that neighbourhood planning is given the boost that it needs.

Finally, I thank the noble Lord, Lord Kennedy, for his typical graciousness and generosity from the Front Bench. I also thank him very much for the constructive approach that he always brings to bear in looking at government proposals, and I look forward to our exchanges across the Dispatch Box. I am sure his contributions will be well thought-out and helpful, as they always are. I come back to the general point from the noble Lord, Lord Beecham, on planning, which he supported. Yes, let us have a look at that, although it is perhaps something to be dealt with on another day because it is a bit off-piste in relation to these regulations.