Social Housing Bill [HL]

Debate between Lord Cameron of Dillington and Baroness Jones of Moulsecoomb

Report stage
Monday 20th July 2026 Lords Chamber

[Lord Cameron of Dillington (CB)]

My Lords, I have Amendment 7 in this group and must once again refer to my interests as a retired member of a Somerset farming family which lets some houses on the farm.

During the passage of this Bill, I have explained how the shortage of affordable housing to rent in rural areas has had and continues to have long-term social and economic consequences for our communities. It has led to school, shop and pub closures and reductions in transport and other services—quite apart from the effect on the viability of local businesses. Traditional family and social networks have collapsed, and all this has been caused by a lack of affordable housing to rent in our countryside. We must protect this stock, both where it remains and where, hopefully, it is soon to be added to. I will not say any more about all this because your Lordships have heard it all before and I have had support from noble Lords on all sides of the House.

I thank the Minister and her team for meeting to discuss our concerns about how the strict interpretation in how Section 157 of the 1985 Housing Act was implemented resulted in over 60% of rural parishes being excluded from the exemption to the right to buy. Thus 60% of all rural parishes remained exposed to the near certainty of losing their council houses—and they did. We must not let this happen again. The problem was, and remains, that in the 1985 Act, Section 157 regulations require that local authorities apply to the Secretary of State for rural area designation of their rural parishes: that is, parishes that have a population below 3,000, with less than two persons per hectare. The problem was and is that few local authorities applied. Most local authorities did not realise that this was a requirement, had transferred their stock to a registered provider or did not have the resources to put together the necessary evidence. The point is that they did not apply and therefore we lost 60% of conforming rural parishes.

At our meeting with the Minister and her team, we all agreed that this must not happen again—hence my amendment, which I tabled in Committee and repeat here. We also agreed that it was not strictly necessary for the definition of a designated rural area to be in the Bill. Therefore, I agreed not to press my amendment to a vote, provided we had some sort of undertaking that, at least in the short term, all parishes that fitted the criteria could be included, whether or not their local authority had made an application following the 1985 Act. It would be unfortunate, to say the least, if the Government merely rolled over the post-1985 list of parishes with designated rural area status. I am counting on the Minister to reassure me on that point.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, my Amendment 9 asks for information that is necessary to understand the full situation. I had better declare that I rent a flat in a social housing block, which was presumably bought under right to buy.

In Committee, my noble friend Lady Bennett argued that the most effective way to protect our social housing stock is to abolish the right to buy. I also support that. Scotland abolished the policy in 2016 and Wales followed in 2019; neither has chosen to bring it back. Both Governments concluded that, in the middle of a housing crisis, preserving social housing for the future was more important than continuing a policy that reduced its supply.

I appreciate that the Government are not prepared to take that step in this Bill but, if that is the case, the very least Parliament should expect is a clear picture of how the policy is operating and what impact the changes it will make are having. The amendment would require the Secretary of State—whoever it is—to lay an annual report before Parliament setting out how many homes have been sold under right to buy, the receipts received by local authorities, how those receipts have been used and an assessment of the impact on the availability of social housing in each local authority. The reality is that, for decades, we have been selling social homes more quickly than we have been replacing them. Every home lost is one fewer home available for the next family on the waiting list.

Social housing should be seen as a long-term public asset, not simply a resource to be steadily diminished while demand continues to grow. Between 1980 and the abolition of right to buy in Scotland, almost half a million social homes were sold. The Scottish Government estimated that ending the policy would protect around 15,500 homes over the following decade. In Wales, Ministers similarly concluded that ending right to buy would help preserve affordable housing and give councils and housing associations greater confidence to invest in new homes. We may disagree on whether England should follow that path, but we can surely agree that Parliament should have the information needed to judge whether these reforms are having their intended effect.

I also welcome the amendment in the name of the noble Baroness, Lady Coffey, which would extend reporting requirements to include the right to acquire. If we are assessing the impact of policies that reduce the stock of affordable housing, it is sensible that the report should capture information from both schemes.

I acknowledge that some figures on right to buy are already published, including the total sales receipts. However, the Government do not publish the amount of those receipts retained by local authorities, nor does Parliament receive a single annual report bringing together sales, receipts, how those receipts have been used and the overall impact on the availability of social housing. This amendment would bring that information together in a single annual report laid before Parliament, enabling both Houses to scrutinise the real impact of these reforms and judge whether they are delivering their intended objectives.

Environment Bill

Debate between Lord Cameron of Dillington and Baroness Jones of Moulsecoomb

Committee stage
Wednesday 14th July 2021 Lords Chamber

[Lord Cameron of Dillington (CB)]

My Lords, it is always a pleasure to follow my noble friend Lord Devon and his forensic legal approach to these issues. In this case, I am highly persuaded by his arguments. Fifteen minutes ago, I had relatively few doubts about this chapter on conservation covenants, but now I seem to have loads of them. I should also say that this is my first appearance in this Chamber since March 2020, and it is good to be back.

I shall speak to my Amendment 276A in this group. I should say at the outset that it is very much a probing amendment. There is no doubt that overgrazing on many of our hills and commons has been a problem for several decades. One of the best things that we could do for biodiversity in these areas is to find a way of reducing the number of grazing mammals or changing the variety of them or possibly, in some cases, removing them altogether. That is what the amendment seeks to do. I hope it would enable the peat and blanket bog to rebuild itself to help the climate change agenda and to improve the biodiversity of the common in question.

It appears that ever since the Commons Act 2006 it has been difficult to buy grazing stints without having also to buy the land to which the stints are attached. As I understand it, this linkage was made under the previous CAP regime in an effort to limit grazing numbers, as linkage to the dominant tenement restricted the number of stints that the tenement could tolerate for overwintering on its own land. This regime also meant that the stint holders tended to farm adjacent to the common, which helped to keep the link between the stint holders and the management of the commons.

Now, of course, we are entering a completely new land management regime, ELMS, so it seems that it would be in the interest of conservationists and conservation organisations, such as Natural England, for them to be able to buy stints without having to buy the farm to which they are attached. I know Natural England is supportive. It also seems that such a regime would also be in the interests of the farmer and the commoner. He or she would be able to sell some of their stints, even to the extent of selling all of them, without having to sell their farm and/or their home. Life under ELMS is going to be very different and maybe even difficult for some of these farmers, so the more flexibility that we can grant them, the better.

If the right to buy that I am proposing were limited to “responsible bodies” as defined under this chapter, I believe there would be no chance of other farmers, landowners or even shooting tenants moving in and buying these stints for their own purposes. I hope that these stints are either going to disappear altogether or at least be managed for the benefit of the environment.

I am aware that the law and history surrounding commons are immensely complicated, and I am certainly no expert—unlike some noble Lords, I am sure—but I know enough to realise that tabling an amendment such as this is the equivalent of sticking my hand into a wasps’ nest. That is the reason why I felt that consultation, although hopefully not for too long, would be a good idea, and why in this instance I put “may” rather than “must” at the beginning of the amendment. I know that Natural England approves of my intentions, and I hope the Government will support the amendment.

[Baroness Jones of Moulsecoomb (GP)]

It is my pleasure to welcome back the noble Lord, Lord Cameron of Dillington. I had not actually realised that he was not here because I have seen him so often on screen. It is good to see him.

I have a slight confession to make. When I first looked at these amendments, all my working class instincts—which have served me quite well over the past 70 years—started coming out about supporting something that seemed sensible but was from a landowner, and then another landowner came in with another amendment. However, I fought down those suspicions and in fact I welcome the concept of new conservation covenants in the Bill.

I would probably benefit from some more explanation. I know the noble Earl, Lord Devon, gave an extremely comprehensive introduction to this topic, but I still have a few small queries. However, I want to put on record the Green group’s support for these amendments. They appear to be an essential tool for modifying the law of land ownership towards a greener system that understands that land is the primary source of all real wealth, which is held in trust by humans on behalf of all species and future generations.

Regarding the noble Earl’s introductory speech, the minute that anyone uses words like “offsetting” and “market”, all my green instincts come out. I have a slight problem with those words because both those things normally mean a complete scam as far as environmental issues are concerned.

This would be a landmark change to the law because it expands on some traditions in English land law—common land, public rights of way and other traditional rights and obligations arising under various circumstances—but the amendments in this group also highlight some of the real difficulties of the law of the land. So much of land law is focused on formalities, and if the necessary formalities are not met then everything can unravel.

Amendments 266, 267 and 268 in the name of the noble Earl, Lord Devon, focus on the formalities needed for a valid conservation covenant. This is where I would like a little more explanation, particularly if the noble Earl is going to push them through to the next stage.

Amendment 276 in the name of the noble Lord, Lord Cameron of Dillington, probes another issue, one that I find quite perplexing, the question of why Clause 125(8) explicitly states that

“the Secretary of State has no liability with respect to performance of any obligation … under the covenant”

during any time that the Secretary of State is custodian of the covenant. Why have the Government chosen that approach? If they are not responsible during this time, who is? Will these important natural sites go untended, unmanaged and uncared-for into abandonment? Unless the Government can give some convincing reason, it seems that Amendment 276 would be an important change to the Bill—in fact, to law—to ensure that these covenants are upheld and natural sites protected.

I once again commend the inclusion of these covenants in the Bill, and I hope noble Lords can iron out these few small queries so that the covenants work as effectively as possible.