16 Lord Faulkner of Worcester debates involving the Ministry of Housing, Communities and Local Government

Wed 13th Sep 2023
Mon 28th Feb 2022
Mon 17th May 2021
Thu 4th Feb 2021
Non-Domestic Rating (Lists) (No. 2) Bill
Grand Committee

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage
In Committee we laid out the case. As I have said before, the outside has now, in effect, become the new inside. Therefore, the rules that apply inside should fully apply outside. It is high time we started to introduce more spaces where non-smoking is the norm. This measure would represent an important step towards a smoke-free future, which is what the Government theoretically are aspiring to. I urge the Government to accept the amendment. If they do not, I am sure—the noble Earl will know this—this will return in the future.
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester (Lab)
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My Lords, I also added my name to Amendment 258 in the name of the noble Lord, Lord Young of Cookham. I commend his speech and that of the noble Baroness, Lady Northover. I will also say, in passing, how much I support the points made by the noble Lord, Lord Holmes of Richmond, when moving his amendment and speaking to his others. The need to protect the users of pavements is great and it is very much consistent with what we seek to do with smoke-free pavement licences.

When the regulations were extended in 2021 at the height of the Covid epidemic, I tabled an amendment in this House to regret that the regulations

“were not revised to take account of the evidence of the benefits of 100 per cent smoke-free pavement licences”.

This was passed with strong support from across the House and a very substantial majority. In his response to the amendment, the Minister at the time, the noble Lord, Lord Greenhalgh, said:

“The impacts of passive smoking are very much a key concern and a top priority for this Government, which is why we should look to tackle this issue strategically. We will be a publishing a new tobacco control plan later this year, setting out our ambitious plans for England to be smoke free by 2030”.—[Official Report, 14/7/21; col. 1844.]


Although I welcome the tobacco control measures announced by the Government earlier this year, they just do not go far enough, as the noble Baroness, Lady Northover, said. I am concerned that the Government are missing, in the Bill, an opportunity to start delivering on the Smokefree 2030 ambition. Can the Minister confirm that the impacts of passive smoking are still a “top priority” for the Government?

If we want to create a smoke-free society, we need to create environments that support smokers to quit and help those who manage to quit to stay smoke-free. This means limiting people’s exposure to smoking and second-hand smoke in public places, as we did with the ban on smoking in indoor public places in 2007. That was a measure the noble Earl played such a distinguished part in bringing about.

We know, for example, that relapse is common among smokers trying to quit, with many smokers taking as many as 30 attempts before they successfully quit long term. Being around people smoking is a key factor in determining whether someone relapses and whether young people take up smoking in the first place. I note that 100% smoke-free seating is easy to understand, simple to implement and popular with the public. Unfortunately, the current approach is none of those things. Revising the regulations to require 100% smoke-free pavement licences would be a positive step towards delivering the Government’s vision of a smoke-free 2030 for England.

Lord Naseby Portrait Lord Naseby (Con)
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My Lords, I am a non-smoker. I have never smoked. I have absolutely no intention of smoking. But I would point out to my noble friend on the Front Bench something on which I imagine he is well briefed. Local authorities already have the powers at their discretion to regulate smoking in licensed premises and on pavements outside pubs, bars and restaurants with exterior tables and seating. My noble friend who spoke earlier has been in local government, as have I. The powers are there already. In my judgment, it is for the local people to decide—not for some all-embracing Government above to dictate. There is no need for further central government legislation. The licence holder is already legally required to make sensible provision for seating where smoking is not permitted.

The noble Baroness who spoke earlier said, “Well it’s logical, if it’s banned internally then obviously you ban it externally”. May I suggest to the noble Baroness that external smoke is totally different? It dissipates far quicker outside than it does inside. Outside, it ends up becoming highly diluted and disappears into the atmosphere very quickly. Having said that, it is right that licence holders should remember to ask people to behave properly in the interests of those seating nearby, particularly children.

Frankly, this Bill should not be used as a back-door route to try to ban smoking in public places. We would be threatening pubs and cafés that, if they did not ban smoking outside their premises, they would be refused a licence. That would be thoroughly disproportionate.

As far as I know, my Government have no plan to ban outdoor smoking. It has rejected similar amendments in the past. Excessive regulation could even lead to some pub closures and job losses. This would be to no one’s benefit. Again, as a non-smoker, I find encouragement that the figures for people who smoke seem to go down every year. We should think back to what it was like in the 1970s. Would we have thought that the policies we have implemented would have achieved the current rate? Last year, 13.3% of the population were smoking; on the latest figures, this is down to 12.7%. So the reduction is there—it is happening—and certainly, to use this particular Bill to interfere with what local authorities want to do in their own area is, in my view, totally wrong.

Building Safety Bill

Lord Faulkner of Worcester Excerpts
Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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My Lords, welcome to the Grand Committee on the Building Safety Bill. I remind Members that they are encouraged to leave some distance between themselves and others and to wear a face covering when not speaking. If there is a Division in the Chamber while we are sitting, this Committee will adjourn as soon as the Division Bells are rung and resume after 10 minutes, or earlier if that is convenient for the Committee.

Amendment 45

Moved by
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Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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My Lords, I think we are all reassembled. We were listening to the noble Baroness, Lady Fox of Buckley.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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I know that noble Lords have been waiting with bated breath.

The key question is why building safety managers are needed at all, when the vast majority of leasehold developments have managing agents in place and leaseholders have to pay a management fee for their services. Surely splitting the function would risk disputes between property managers and building safety managers about what is and is not a safety issue and who is in control when remediation works have a safety element. These buildings, which people live in, already have fire risk assessments carried out by specialist firms—even if one problem is that they are not shared with leaseholders, which can mean that defects can be kept hidden and necessary repairs delayed. But still, what will the building safety manager actually do?

To find out—I do not know whether the Minister has seen this—I watched a recording of a closed-door meeting of sector professionals trying to pin down the role. It was full of flip charts, pie charts and Venn diagrams, and I was utterly confused by the end. It seemed to me to be a jack of all trades and master of none, but it needed the authority of a professional expert. It was reminiscent of a scene from David Brent’s “The Office”.

These are compulsory jobs but they are not mandated to a minimum standard. Qualifications for the role have not been established, no training programmes are in place and, as I say, even the professionals themselves do not seem to know what that training would consist of. If this post is made mandatory, as proposed by these clauses, the qualified few will surely be able to write their own salary cheques. No wonder that leaseholder campaigning groups are talking about “jobs for the boys”. Even if that is a bit cynical, we must ask who will judge their performance or hold them to account. Leaseholders—who will pay for them and who are best placed to judge those overseeing the block they live in, due to day-to-day interactions—now say that, as always, they will have no say at all.

Safer homes will come not from employing someone to march around a block of flats, trying to find issues to justify their existence and quite a hefty salary. This is a version of the waking watch debacle, replacing hi-vis jacket patrols walking around buildings looking for sparks with a suited and booted manager with an iPad finding risks, faults and unnecessary fire safety work. If they do not find any problems, what is the point of their job?

I finish with that question. What is the point of the job? I hope the Minister agrees that there is no point.

Smoke-free Pavements

Lord Faulkner of Worcester Excerpts
Wednesday 24th November 2021

(2 years, 11 months ago)

Lords Chamber
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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, we need to recognise that we are making excellent progress. We as a Government are committed to reducing the harms caused by tobacco and have made long-term progress in reducing smoking rates, which are currently at 13.9%, the lowest on record, but we need to balance the endeavour to reduce smoking with the need to revive our economy.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester (Lab)
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My Lords, does the Minister not see an inconsistency between his continued assertion that we are, to quote the words that he used when replying to my Motion of regret on this subject on 14 July,

“on the journey towards a smoke-free 2030”—[Official Report, 14/7/21; col. 1844.]

and the Government’s repeated reluctance to accept that 100% smoke-free pavement licences enjoy overwhelming public support, to say nothing of the overwhelming majority of noble Lords, who are also in favour? Will he at least undertake to find out the experience of the 10 local authorities that have chosen to go smoke free with their pavements to find out whether they have experienced any problems and indeed if their hospitality industry has suffered any ill effects?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I have to accept that we are on a journey. We need to learn from local areas, particularly those areas that have chosen locally to introduce a ban on smoking in the way that I think many local Lords are pushing for. We need to learn from that; you test what you want to expand and you expand what you have tested. We will look carefully at their experience.

Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

Lord Faulkner of Worcester Excerpts
Wednesday 14th July 2021

(3 years, 3 months ago)

Lords Chamber
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Moved by
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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At end insert “but that this House regrets that the Regulations were not revised to take account of the evidence of the benefits of 100 per cent smoke-free pavement licences, which have been implemented over the last year in a diverse range of local authorities and which have received strong public support”.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester (Lab)
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My Lords, when the Business and Planning Bill came before the House in 2020, a cross-party amendment was tabled saying that a condition of licence would be that outdoor seating areas were required to be smoke free. It was signed by the noble Baroness, Lady Northover—who I am delighted to see in her place—the noble Baroness, Lady Finlay of Llandaff, who cannot be here today but has said she strongly supports this amendment to the Motion, the noble Lord, Lord Young of Cookham, and me.

Commenting on our amendment, the Local Government Association said

“it sets a level playing field for hospitality venues across the country and has a public health benefit of protecting people from unwanted second-hand smoke … If smoking is not prohibited, pavement areas will not become family-friendly spaces.”

Noble Lords in all parts of the House supported our amendment, but it was not accepted by the Government, who instead inserted a requirement in the legislation that

“the licence-holder must make reasonable provision for seating where smoking is not permitted.”

Two-thirds of the public polled earlier this year did not think that the legislation went far enough and said they wanted smoking banned in the outdoor seating areas of all restaurants, pubs and cafés. Fewer than one in five opposed a ban. This was a large sample of more than 10,000 people carried out by YouGov for Action on Smoking and Health.

A growing number of councils under Conservative, Labour and Liberal Democrat control have recognised that smoke free is what the public want and have taken action to make it happen. These include cities such as Newcastle and Manchester, counties such as Durham and Northumberland, unitary authorities such as Middlesbrough and North Lincolnshire, and metropolitan boroughs such as North Tyneside, Gateshead and the London Borough of Brent.

These regulations were debated in Grand Committee last Thursday. One of the most telling contributions was by the noble Lord, Lord Young of Cookham. He is unable to be in the Chamber today but is aware that I plan to mention his speech. Noble Lords who read it in Hansard will see that he took apart the various government assertions about smoke-free pavement licences, including the scare that if smoking were banned outside pubs and cafés

“it could lead to significant closures across the country”.

The noble Lord, Lord Young, said about that:

“In spite of repeated challenges, not one shred of evidence was ever produced by the department to substantiate that assertion, frequently made by the smoking pressure group FOREST. Such evidence as we have from the introduction of the smoking ban in 2007 showed that more people said that they went to the pub more often than said that they went less often.”—[Official Report, 8/7/21; col. GC 387.]


In a letter to Manchester City Council last August, the Secretary of State urged it not to burden businesses with more red tape. The reality is that far less red tape is involved in implementing Manchester’s 100% smoke-free seating, which requires only putting up one no smoking sign. As every venue in the city is the same, the policy is clear to the public and businesses.

Sir Richard Leese, the leader of Manchester City Council, says:

“Since the pandemic, more and more businesses in the city are expanding outside where the public increasingly expect and enjoy smokefree spaces. By introducing smokefree pavements across Manchester, we are welcoming everyone back to our vibrant cafes, bars and restaurants, while driving forward our vision for a smokefree future.”


Manchester’s experience is repeated across the country. Norma Redfearn, the elected Mayor of North Tyneside, which also has 100% smoke-free pavement licences, says:

“We have found that implementing entirely Smokefree seating has been easy and simple for businesses to follow. We have worked closely with our business community to support them with its implementation, they have not raised any serious concerns about it and there have not been any compliance issues.”


There is good evidence from Canada, where smoke-free patio areas have been required by a number of provinces, that they are popular and easy to enforce and improve the health of hospitality workers, with no evidence of an adverse impact on business. If smoking is allowed, passers-by, customers and, above all, staff, who have no choice, will be exposed to significant amounts of tobacco smoke. Where patio smoking bans—similar to pavement licences here—were implemented in Canada, second-hand smoke exposure went down by up to a quarter. Where there was no ban, it went up. Hospitality workers in places where smoking was allowed on patios in Canada were found to be exposed to significant levels of toxic chemicals.

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I thank the noble Lord, Lord Faulkner, for tabling this amendment and I thank noble Lords for an interesting debate on this matter. I will take this opportunity to respond to the noble Lord’s amendment. In Grand Committee I was not able to answer fully all the questions noble Lords raised on smoking issues relating to the temporary—I emphasise that—pavement licence extension regulations. I welcome the opportunity to address these issues in greater detail.

In Grand Committee, the noble Lords, Lord Faulkner, Lord Bradshaw and Lord Shipley, and the noble Baroness Lady Wheatcroft, all challenged me on the passing of these regulations and the potential passive smoking impacts. The impacts of passive smoking are very much a key concern and a top priority for this Government, which is why we should look to tackle this issue strategically. We will be a publishing a new tobacco control plan later this year, setting out our ambitious plans for England to be smoke free by 2030. The tobacco control plan will consider areas of regulation to strengthen in support of this aim.

In the very short term, it is right that we act to support hard-hit hospitality businesses to boost their capacity and continue their recovery. For this 12-month extension of the pavement licence provisions, the Government consider local and business-led discretion over implementing smoke-free policies to be the most appropriate approach. Businesses are able to introduce their own smoke-free policies if they wish to go further than the regulations require.

As the noble Lord, Lord Faulkner, mentioned, local authorities are also able to set their own local smoking conditions where appropriate and where local decision-makers believe it is reasonable to do so. A number of local authorities have already implemented such local smoking ban conditions within outdoor seating; these include the city of Manchester, as mentioned by a number of noble Lords, Newcastle, North Tyneside, Durham and Northumberland. This makes it clear that local conditions can be implemented where it is appropriate and desired locally.

I also remind noble Lords that the pavement licence guidance sets out ways in which the requirement for provision for seated and non-seated smokers could be met, such as displaying clear no smoking signs, the removal of ashtrays from smoke-free areas, and a minimum two-metre distance between smoking and non-smoking areas wherever possible.

The noble Lord, Lord Faulkner, referenced international comparisons. I emphasise that the UK is a world leader in tobacco control, and it is important that we share our learnings on the journey towards a smoke-free 2030. We must also learn from the successes of other countries. We will be closely monitoring the outcome of the Canadian approach. International studies of smoke-free parks and beaches, including in New Zealand and Canada, have found evidence through litter collections of continued smoking, suggesting that successfully enforcing any restrictions will involve considerable resource, including training people, such as park staff, in enforcing new policies.

I hope noble Lords will recognise that there is a real commitment in government to a smoke-free United Kingdom, but at this stage we are looking for an extension for a year. This is a temporary pavement licence extension of provisions that have worked incredibly well, as many noble Lords commented in Grand Committee. I emphasise that this Government are committed to reducing the smoking impacts of outdoor eating and drinking, both in terms of these regulations and, importantly, in future policy. Therefore, I ask the noble Lord, Lord Faulkner, to withdraw his amendment.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester (Lab)
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My Lords, I shall be very brief. I thank the noble Baroness, Lady Northover, and my noble friend Lady Blake for their splendid speeches and strong support for my amendment.

The noble Baroness, Lady Northover, reminded us of the transformation that smoke-free legislation has brought about in our society. There is no need for us to go into detail about that now because that is no longer an issue between the parties or, indeed, with the British people; it is accepted. That is one of the reasons why I find it so inexplicable that the Government did not take advantage of the pavement licences provision to extend that smoke-free regime to cover the outside areas. As the noble Baroness, Lady Northover, said, the pavement outside a pub or a café is essentially an extension of the indoor rooms of those premises, and the people who go there, particularly those with children, are entitled to enjoy a smoke-free environment.

My noble friend Lady Blake referred—very tellingly, I think—to the impact of smoking on people with severe health conditions, perhaps brought on by Covid. Limiting the exposure of those people to second-hand smoke is particularly important and we should be doing all in our power, including making pavement licence areas smoke free, to achieve this.

I thank the Minister for his speech and the considered way in which he has approached this issue, and I recognise that he has repeated the Government’s commitment to a smoke-free Britain by 2030. That is good news. But I ask him and other noble Lords to reflect on whether the adoption of smoking as part of the pavement licence helps that process or makes it more difficult. I think most people would argue that it is making it more difficult. It is an unnecessary obstacle.

I am pleased that the Minister also referred to passive smoking concerns and the fact that the Government now accept them. Again, this is another reason why pavement licences should be smoke free.

Interestingly, the Minister did not answer the point made by the noble Baroness, Lady Northover, about consultation with the Department of Health over these regulations. We did not get an answer to that question a year ago or last week in Grand Committee, and we have not had one today. It is fair to say that the Department of Health takes a rather different view of these matters from that of the Ministry of Housing, Communities and Local Government.

The Minister also did not refer to the extraordinary letter that the Secretary of State in his department wrote to Manchester City Council last August attempting to talk it out of its proposals with a series of arguments that, as the noble Lord, Lord Young of Cookham, demonstrated last week in Grand Committee, were completely spurious.

The House should have an opportunity to express a view on the regulations and on my amendment. I therefore wish to test the opinion of the House.

Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

Lord Faulkner of Worcester Excerpts
Thursday 8th July 2021

(3 years, 4 months ago)

Grand Committee
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Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester (Lab)
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My Lords, my intervention this afternoon will be brief. I was most grateful to the Minister for finding the time yesterday to have a conversation with me about these regulations, and I was able to tell him that I have tabled a regret Motion relating to them, which will be debated in the Chamber presumably some time next week—I gather that it may be Wednesday. The rules relating to hybrid procedures in Grand Committee do not allow for regret Motions to be debated here.

I shall not take up the Committee’s time today by going through the arguments for my regret Motion. The wording of it is self-explanatory; it regrets that “these regulations were not revised to take account of the evidence of the benefits of 100% smoke-free pavement licences, which have been implemented over the last year in a diverse range of local authorities and which have received strong public support”. Your Lordships may recall that the House debated these regulations during the passage of the Business and Planning Bill almost a year ago. A cross-party amendment tabled by the noble Baroness, Lady Northover, and signed by the noble Lord, Lord Young of Cookham, the noble Baroness, Lady Finlay of Llandaff, and me received strong support across the Chamber. Our amendment was supported by the Local Government Association and a number of major local authorities. The LGA said that it

“sets a level playing field for hospitality venues across the country and has a public health benefit of protecting people from unwanted second-hand smoke … If smoking is not prohibited, pavement areas will not become family-friendly spaces”.

Despite the Government’s stated intention to make smoking obsolete in England and for us to be smoke free by 2030, Ministers did not accept our amendment a year ago. Instead, they inserted a requirement in legislation that

“the licence-holder must make reasonable provision for seating where smoking is not permitted”.

A number of councils went further and issued pavement licences that require completely smoke-free areas. I shall say more about these local councils and the views of the public as measured in a huge opinion survey carried out by YouGov when we have the debate in the Chamber.

I shall also be able to share with your Lordships some information from Canada, where smoke-free patio areas have been required by a number of provinces. There is good evidence that they are popular and easy to enforce and that they improve the health of hospitality workers—and there are no signs of an adverse impact on business. I hope that the House will take the view that it is a matter of regret that we did not go down that same route when we passed the 2020 Act, and that these regulations were not revised in that light.

Flood Plains: Housing Development

Lord Faulkner of Worcester Excerpts
Thursday 24th June 2021

(3 years, 4 months ago)

Grand Committee
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Lord Greenhalgh Portrait The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)
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My Lords, I congratulate my noble friend Lady McIntosh of Pickering on securing this important debate and campaigning on flood-related matters so ardently. I am grateful to all noble Lords who have contributed this afternoon. The debate has been passionate and very well informed. I am glad to hear that noble Lords share the Government’s commitment to ensure that flood resilience and reducing flood risk is a priority.

Flooding presents a risk to homes, towns and cities every year. The devastating effects of flooding can be seen year on year and, as my noble friend set out in her Question, climate change is a critical consideration in thinking about the future. As the recent UK Climate Risk Independent Assessment sets out, climate change will increase sea levels and associated flooding as well as river, surface and groundwater flooding changes due to altering rainfall patterns. Flooding goes right to the heart of our communities, and the Government take that risk very seriously.

To directly address my noble friend’s Question, our national planning policy is clear: new housebuilding and most other forms of development should not be permitted in the functional flood plain, where flood-water has to flow or be stored. Areas at little or no risk of flooding from any source should always be developed in preference to areas at higher risk of flooding. I cannot comment on individual planning applications or development plans, but our planning policy ensures that only water-compatible or essential infrastructure developments are allowed in the functional flood plain. That should not include new homes.

The National Planning Policy Framework sets out a clear, overarching policy on flood risk: inappropriate development in areas at risk of flooding, whether an existing or a potential future risk, should be avoided and, where possible, alternative locations at a lower flood risk should be identified. That is known as the sequential test. Where development is necessary, and where there are no suitable sites available in areas with a lower risk of flooding, the proposed development should be made safe without increasing flood risk elsewhere. This is the exception test. Where these tests are not met, new development should not be allowed.

That policy recognises that it is unrealistic to completely ban all development in flood-risk areas, as currently around 11% of England is in national flood risk zone 3, which is commonly referred to as high-risk. Flood zone 3 is split into two separate zones by the local planning authority: zones 3a and 3b, where 3b is classified as functional flood plain and has the highest likelihood of flooding. Large parts of many major towns and cities comprise land classified as flood zone 3. However, I have to stress that building on land assessed as high-risk is not the same as functional flood plain. Even then, building in flood zone 3 is not common, as less than 0.2% of land use in flood zone 3 is residential. Areas at the lowest risk of flooding can still experience flooding following a very heavy downpour, which is why we have prioritised the use of sustainable drainage systems for all development in areas at risk of flooding.

In addition to the framework, there are further safeguards in place to protect against inappropriate development on areas at high risk of flooding. The Environment Agency must be consulted on planning applications in areas at risk of flooding from rivers and the sea, and in critical drainage areas. Lead local flood authorities must be consulted on surface water drainage considerations in applications for all major new developments. Their comments and advice should help inform the local planning authorities’ decisions on planning applications and ensure that they are in line with the framework policy on flood risk.

The framework is clear that flood risk assessments are needed for all areas where development is proposed that are at risk of flooding from all sources, both now and in future. Appropriate design and risk considerations that include an allowance for climate change need to be included in any flood risk assessment. Allowances that consider future impacts of climate change on flood risk incorporate a precautionary risk-based approach for more vulnerable areas. This means that increased levels of resilience are factored in.

Our planning guidance recognises the need for appropriate flood resilience and resistance measures. Guidance highlights that such measures are unlikely to be suitable as the only mitigation measure to manage flood risk. We are clear that flood resistance and resilience measures should not be used to justify development in inappropriate locations.

For any major developments within flood zones 2 and 3 where the Environment Agency raises objections on flood risk grounds, the local planning authority is required to consult the Secretary of State if it is minded to grant an application against the agency’s objections. This provides the Secretary of State with an opportunity to call in the decision.

In July 2020, the Government published the policy statement Flood and Coastal Erosion Risk Management, which sets out the Government’s long-term ambition to create a nation more resilient to future flood and coastal erosion risk. This means that we will reduce the risk of harm to people, the environment and the economy. Boosting our resilience will mean that more properties will be protected and communities will be better prepared to reduce the impacts when flooding happens.

The Government are not standing still on this issue. We are assessing the current protections in the National Planning Policy Framework and are considering options for further reform, as part of our wider ambitions for an improved planning system. As part of that, we recently consulted on proposed changes to the framework, including to clarify that the sequential test should consider all sources of flood risk.

We are also finalising our review of our policy for building in areas at flood risk. This will seek to ensure that communities have the reassurances that they need that future development will be safe from floods. The Government are investing a record £5.2 billion in a six-year capital programme for flood defences that will better protect 336,000 properties from flooding and coastal erosion, which will become even more vital in the light of our changing climate.

In summary, my noble friend asks an important question. I can reassure her and the Committee that we not only have incredibly strong protections against the development of new homes on the functional flood plain but that we are working to ensure that these are as effective as possible.

I will now respond to some of the additional specific points that have been raised during the debate. We had a call from the noble Lord, Lord Whitty, and the noble Baronesses, Lady Jones of Moulsecoomb and Lady Blake, to have a complete ban on development on functional flood plains. As a Government, we feel that to ban development in flood zone 3 would mean that land that could safely be built on could no longer provide the economic opportunities that our coastal and riverside settlements depend on. That is why we are against an outright ban.

My noble friends Lady McIntosh and Lord Randall and the noble Baroness, Lady Blake, wanted to see sufficient resource for local authorities both to improve flood resistance and to boost enforcements. The Government want to ensure that local authority planning departments are well resourced and that planning professionals have the right skills to make creative decisions and take forward our ambitions, which will be outlined in the forthcoming planning reform Bill. Since 2010, we have provided direct grant support to local authorities and neighbourhood planning groups to help them engage their communities in neighbourhood planning to shape and influence the places in which they live and work.

My noble friend Lady McIntosh also raised the issue of the automatic right to connect to sewerage. The Government’s planning practice guidance already includes a hierarchy for sustainable drainage options that favours non-sewer solutions. The guidance is clear that draining to a combined sewer should be the least-favoured option in new development. Removing the right to connect to an existing sewer does not offer clear benefits over the current arrangements. It is likely to add costs and delay the planning process.

My noble friend Lady McIntosh also referred to catchment management control liaison and asked whether I could liaise with Defra on that matter. In its Flood and Coastal Erosion Risk Management policy paper, Defra has committed to increase the number of waste management schemes within and across catchments to reduce flood risk and help manage drought risk, and I can assure my noble friend that we will work with Defra on that.

My noble friend also referred to Flood Re and asked whether we could extend it to those homes that were built after 2009. Homes built after 2009 are one of the categories of property excluded from Flood Re, as she pointed out. This mirrors a similar exclusion in the statement of principles, a voluntary agreement between Her Majesty’s Government and the insurance industry that was the forerunner of Flood Re. Measures introduced in 2006 and reaffirmed in 2012 through the National Planning Policy Framework should ensure that homes are built only where appropriately robust flood mitigation is in place.

The noble Lord, Lord Whitty, also referred to the implementation of the Pitt review recommendations. Defra has informed me that all recommendations from the review were accepted by the Government, and the Flood and Water Management Act 2010 was introduced as a result.

The noble Baroness, Lady Ritchie of Downpatrick, wanted to know the publication date of the planning reform Bill. It was announced in the Queen’s Speech and will be introduced in the autumn.

I conclude by reassuring your Lordships that the Government are committed to reducing the risk that flooding poses to our communities. We acknowledge that climate change will increase the risk of flooding. We have strong protections in place to ensure that inappropriate developments are not given permission to go ahead in areas of high flood risk, especially new homes. We are working hard to go further via our planning reforms, investing £5.2 billion in flood defences and reviewing flood policy.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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My Lords, the Grand Committee stands adjourned until 4.40 pm. I remind Members to sanitise their desks and chairs before leaving the Room.

Leasehold Reform (Ground Rent) Bill [HL]

Lord Faulkner of Worcester Excerpts
Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, these amendments seek to set a fixed date or timescale for the commencement of the provisions of the Bill. I sympathise with that and thank noble Lords for raising this issue. The Government also wish to bring an end to the unjustified charging of ground rents as soon as it is feasible. Clause 25 provides that the Bill’s substantive provisions will come into force on a day appointed by the Secretary of State by regulations. Noble Lords can rest assured that we do not intend to have an unnecessary delay in implementation.

Although I am grateful to my noble friend Lord Blencathra for his enthusiasm to see the Government’s legislation come into force, commencing all the Bill’s clauses immediately on Royal Assent is simply not workable. This would leave no time for the laying of regulations and other important matters relating to the implementation process. While most of the delegated powers in the Bill are intended for later use should the need arise—such as to close a loophole—some will be beneficial when the rest of the clauses are commenced and will need to be prepared prior to this. For example, regulations under Clause 2, specifying the form and content of notices to be exchanged by landlords and leaseholders in respect of a business lease, will aid transparency and understanding of the obligations of both parties under this legislation—an outcome which I am sure noble Lords would welcome. I am sure that noble Lords will want the Government to get such regulations right. I am also sure that the noble Lord will appreciate that, with the unpredictability of the parliamentary timetable, I cannot give a guarantee that the Act can come into force on the day it is passed.

Amendment 24, in the name of the noble Lords, Lord Kennedy and Lord Lennie, and the noble Baroness, Lady Grender, recognises that time is needed before the Act can come into force. Again, I appreciate the sentiment of wanting to see the Act brought into force as quickly as it can be. However, it is not appropriate at this point to set a hard deadline for commencement, as proposed in the amendment. The Government are mindful of the necessity of ensuring careful implementation of this new legislation and to allow for a planned transition to a leasehold sector without financial ground rents. As noble Lords would expect, we will work closely with the sector, enforcement bodies and others to ensure that the Bill is implemented as smoothly and speedily as possible. I again assure noble Lords that the Government are fully committed to bringing the Bill’s provisions into force without delay.

My eagle-eyed noble friend Lord Young has spotted that the Bill applies to England and Wales and that, as currently drafted, there could be different commencement dates. Conversations with the Welsh Government continue to ensure that we meet the needs of leaseholders in England and Wales and address any commencement concerns.

I state again that I have listened carefully to noble Lords’ concerns and will look at whether we can be more specific about commencement dates as we move to Report. I look forward to further discussions with noble Lords on this issue. Once again, the intention is to get the second stage of leasehold reform through in this Parliament, ideally in the third Session. However, I cannot make any hard and fast commitment to that, so I ask the noble Lord to withdraw his amendment.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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I thought I had a request from the noble Baroness, Lady Grender, to speak after the Minister. Does she now not want to do so?

Baroness Grender Portrait Baroness Grender (LD)
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I will take the opportunity, since I have created so much confusion. I thank the Minister for saying that he will go back and see whether it is at least possible to specify some kind of commencement date. I would very much like to say to him that I think all sides of this House will happily work with him and his department and take recommendations if it is at all possible to specify a date in order to counter the market scepticism that I described to him. If it is at all possible to put a date by the end of this process, we would be very grateful for that move.

--- Later in debate ---
Clause 26 agreed.
Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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That concludes the Committee’s proceedings on the Bill. I remind Members to sanitise their desks and chairs before leaving the Room.

Bill reported without amendment.

Queen’s Speech

Lord Faulkner of Worcester Excerpts
Monday 17th May 2021

(3 years, 5 months ago)

Lords Chamber
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Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con) [V]
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My Lords, I first congratulate the noble Lords, Lord Coaker and Lord Morse, on their excellent maiden speeches.

We should never have too many expectations of a Queen’s Speech, as the reference to “other measures” is often the precursor of most of the legislation that we actually consider and pass. This year, the Speech was certainly quite limited in its extent, so trying to find proposals with a specific aim was difficult—especially in the field of transport, the subject I wish to talk about.

The record of promises in this area is not a happy one. Looking at the previous Speech at the beginning of the 2019 Session, we were told of specific government intentions to provide minimum levels of service on railways during strikes. A Bill was promised but did not appear. Legislation to cover airline insolvency and the repatriation of passengers in such circumstances was to follow after a review. The review reported, and we await something further to occur. Bus services were to be improved as part of the Government levelling up transport connections throughout the country. The Bus Services Act 2017 was to be updated to meet this new initiative to improve future provision, especially in the north and the Midlands. In April this year we were still awaiting legislation which the Government Minister Rachel Maclean then indicated might be brought forward “in due course”.

Of course, the references to transport in this Queen’s Speech included a further reference to levelling up and the need to transform connectivity by rail and bus. This should be welcomed, and organisations such as Transport for the North and Transport Network have done so. But, quite rightly, they have asked to see more action than mere words. Rural areas in particular need assurances that future needs will be better served, especially as we try to meet environmental challenges by discouraging the overuse of polluting vehicles. With our record of implementing measures announced at the beginning of a Session, I hope that we will actually see some early results this time.

I do not want to criticise too much; I know how difficult it is to move on in this sphere of activity. The way in which our land transport is controlled and financed is very complicated. Attempts to reduce bureaucracy and encourage investment have not always been straightforward. I hope my noble friend will use the opportunity of his wind-up speech to flesh out a bit more exactly how the levelling-up process for infrastructure will be taken forward. Will we get a firm commitment to an integrated rail plan which gives strong backing to the full HS2, including the vital eastern spur connecting Leeds, and development of the northern powerhouse rail networks? What might be contained in the much-heralded Statement that we are to hear on Thursday?

The development of a successful public transport system is a critical element in satisfying the Prime Minister’s ambitions to level up. I am confident that we will see some clear assurances and action, and I am sure my noble friend will indeed offer these. But apart from the rather general contents of the gracious Speech, I am also pleased that there is evidence of progress in other areas of the Department for Transport’s responsibilities. Following the work of an inquiry into UK lower airspace—which I had the privilege of chairing—I was delighted when speedy legislation followed to reorganise this and bring the United Kingdom’s control of its air corridors and facilities and the work of the CAA post Brexit up to date. I also commend the enthusiasm of my noble friend and his ministerial colleagues, especially the noble Baroness, Lady Vere, who have done so much in relation to environmental improvements in the transport industry and vehicles. This country is building a deserved reputation for leadership in the construction and distribution of green vehicles and in meeting future needs through electric battery manufacture and innovation, including taking forward hydrogen as a new power source. Sales of electric and hybrid vehicles have taken off in the UK in an exciting way.

Cleaning up transport—whether it is cars, lorries, trains, ships or planes—is a worthy and urgent aim that we simply cannot delay. Covid-19 has changed much of our use of and attitude to transport. I hope that things will reverse so that expectations can be met as before, but we must be prepared to re-examine all areas of transport to both meet future needs and benefit from new ideas and new ways to provide our services.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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The noble Lord, Lord Pendry, has withdrawn from the debate, so I call the noble Baroness, Lady Boycott.

Housing Strategy

Lord Faulkner of Worcester Excerpts
Wednesday 24th March 2021

(3 years, 7 months ago)

Grand Committee
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Lord Bishop of Manchester Portrait The Lord Bishop of Manchester [V]
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My Lords, I thank my most reverend friend the Archbishop of Canterbury for sponsoring this debate. My personal interest and passion in tackling homelessness and creating good homes for the people of our nation go far beyond the interests contained in the official register, to which I draw your Lordships’ attention. Alongside those, as the noble Lord, Lord Best, has indicated, I now chair the board of governors of the Church Commissioners, as deputy to my most reverend friend. I gladly confirm to your Lordships that the board welcomes the report, and indeed I am member of the group set up by the Church charged with overseeing its implementation.

Today we have no Bill to scrutinise, no complex Marshalled List of amendments to work through; what we have is something that runs far deeper, something that should underpin and equip us for such future legislation on the matter of housing as is brought forward to your Lordships’ House to determine. The five values for housing that the Archbishops’ Commission has set before us—sustainable, safe, stable, sociable and satisfying—have been implicit in much of the work I have engaged in over the years. But now we have them encapsulated in a simple and memorable form. Not least, they recognise that a home is far more than walls, roofs, bricks, tiles, glass and mortar. A home is somewhere we can belong.

Some years ago, I was speaking at the official opening of a building that housed several asylum and refugee support services in Birmingham. After those of us numbered among the moderately great and modestly good had all had our say, a young man from one of the charities based in the centre spoke. He said, “For all my time in this country so far, I have been your guest. Today, for the first time, I am the host and you are my guests, and that makes all the difference.” A home is not fully a home until it is a place where we can do what that young man did—offer hospitality and receive guests. That, I believe, is why the concept of home as a sociable place—the fourth of the core values set out in the commission’s report—is so important. I also learned that day in Birmingham that other cultures have much to teach us about the centrality of hospitality to human flourishing.

My most reverend friend referred in his opening speech to his predecessor William Temple. Temple was of course translated to Canterbury from York, having prior to that been Bishop of Manchester. So three of us speaking in Grand Committee today hold offices Temple once held and seek to inhabit that inheritance. Worn out by war and restricted by rationing, the Britain of the 1940s could all too easily have become a divided nation, but Temple and those with whom he worked had a greater vision of a society where all were provided with basics, such as healthcare and education, so that they might have space to flourish.

The mass social housing efforts of the post-war years demolished the slums of our cities, including the house where I was born, in order to replace them with something better. Not everything that was built proved a lasting success—things are rarely that straightforward —but huge progress was made in creating homes that could be lived in with dignity.

In a Britain reeling from 12 months of pandemic, a nation still seeking to redefine itself outside the European Union, we need to recover the boldness of Temple and his generation. We need to make decisions about housing not based on short-term political expediency—whatever might garner a few more votes in a marginal council ward or parliamentary constituency—but on a vision of the good society we wish to bequeath to our grandchildren. Recommendations set out in the commission’s report offer us a road map, if I may use that fashionable term, towards a nation housed for living in the 21st century.

I cannot let this opportunity pass without some reference to one piece of legislation currently before Parliament. It is my privilege to support the Manchester Cladiators group. Its members are leaseholders in high and medium-rise buildings who have been caught up in the aftermath of the dreadful tragedy of Grenfell Tower. The ramifications of that disaster reached much wider than merely to residents of high-rise blocks beset by poor cladding. The deaths at Grenfell have, like the deaths of George Floyd and Sarah Everard, made our society aware of more widespread failings, albeit in this case in our physical rather than our social fabric.

Many buildings formerly considered safe, and homes in them bought on that basis, are now deemed sufficiently at risk as to be unmortgageable. Residents who may need to move for work or family reasons are trapped; some are facing service charges and bills of orders of magnitude higher than in previous years in order to pay for waking watches, insurance or building refurbishment. In many cases the freeholder is little more than a shell mechanism through which leaseholders pay their service charges to the developer who constructed the block. This is a problem too big for anyone other than government to solve, and too urgent for it to be allowed to fester a moment longer. Will the Minister speak with his Treasury colleagues and use his good offices to gain their commitment to attending the next meeting that he and his ministry are due to have with the End Our Cladding Scandal campaign?

Noble Lords will remember, I hope, the famous words written by Lewis Carroll—like me, both a mathematician and an Anglican clergyman:

“‘When I use a word,’ Humpty Dumpty said, in rather a scornful tone, ‘it means just what I choose it to mean—neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’ ‘The question is,’ said Humpty Dumpty, ‘which is to be master—that’s all.’”


In housing terms, an “affordable rent” is now defined by Her Majesty’s Government as being one at or below 80% of the market rent for the local area. But if I were looking in the window of an estate agent and saw one house on sale for a million pounds and one next to it for £800,000, that would hardly convince a mortgage lender that I could afford, on a bishop’s stipend, to buy the cheaper one. As several speakers, including the noble Lord, Lord Shipley, and the noble Baroness, Lady Stroud, have reminded us, affordability has to mean what the purchaser can afford. Redefining the word, Humpty Dumpty-like, to mean something entirely other may assert mastery over the language but only at the cost of confusing and damaging serious discourse on Britain’s housing crisis. Please may we have our word back, and some truly affordable homes?

Shortly before lockdown became a word, I was standing one morning in a room high up in the centre of Manchester, speaking with Sir Richard Leese, the leader of the council. Looking out through the windows, we began to count the number of cranes visible. Each one was a symbol of the economic regeneration that had revitalised the city that we both serve, and many of them were building blocks of high-quality apartments.

The number of people living close to the city centre has rocketed so much in recent years that I have had to reverse the practice of my predecessors and buy new city-centre vicarages to house the clergy of the city churches closer to their new parishioners. I welcome the growth in city-centre living, locating people close to where they work, cutting down commuting costs, while helping to support shops and leisure facilities.

Sadly, however, we have also seen something of a trend first spotted in London: blocks are built and apartments are sold, but no one ever moves in. Instead of homes, we are constructing bank vaults in the sky: edifices intended purely to hold value, never people. They have more in common with gold bricks than the bricks that build our homes. While so many of our fellow citizens remain homeless or poorly housed, they are a scandal.

I accept that appropriating them directly to rent out affordably would probably prove too complex to achieve in law, but a stiffer tax regime, radically reducing the incentive to hold much-needed properties empty for long periods, would not only bring more homes into occupation but raise funds from the others—money that could then be redeployed to address our housing crisis. I urge the Minister in this debate to let us know what plans the Government have or will consider, including the taxation of such properties, so that they no longer lie empty in our cities, while, mere yards away, our fellow citizens lie down to sleep in shop doorways each night.

To conclude, today is a day for words, but, like those in the Archbishops’ commission’s report, they must result in action. I thank my most reverend friend for giving us this opportunity to debate these matters, and I pray that his efforts may be richly rewarded.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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I call the noble Lord, Lord Griffiths of Fforestfach. Lord Griffiths? The noble Lord cannot unmute, so we will move on to the noble Baroness, Lady Bakewell of Hardington Mandeville, and hope we can go back to the noble Lord, Lord Griffiths, later.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD) [V]
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My Lords, it is a pleasure to take part today, and I congratulate the most reverend Primate the Archbishop of Canterbury on securing this debate. I declare my interests as the chair of the National Community Land Trust Network and a vice-president of the LGA. I welcome the report and the introduction given by the most reverend Primate, and I share his desire for good homes that are affordable for all.

My first involvement in campaigning for and against housing started 40 years ago. Newly married, we moved into a new cul-de-sac of 11 houses on the edge of the village. A year later, a woman knocked on the door, asking me to sign a petition against further houses on an orchard in the centre of the village. I asked her if she had similarly campaigned to prevent the building of the house we were living in; she was honest and said yes. I refused to sign her petition.

Later, when I was on the parish council, it was obvious that there was a desperate need for affordable homes, especially bungalows to enable the elderly to downsize. We searched with both the district council and the housing association to no avail. The village is still without these benefits. However, some swanky bungalows are now being built on redundant farmland—not quite what we originally had in mind.

The glebe land in the centre of the village had a village room at one side, a play area with equipment and an area for ball games. The playschool, as it was then, operated three days a week from the church room. The Church Commissioners, having a hard time financially, were looking for areas to develop and cast their eyes on our piece of land. As you might expect, I wrote to the bishop at Wells, and the Church Commissioners subsequently looked elsewhere. This was not a case of “not in my backyard” but of preserving the essential area that belonged to the children and young people. There were seats there for the mums and elderly to sit, chat and watch the children play.

The sense of community exists only when everyone is catered for: young couples starting out, growing families, young people exploring independence, empty nests and the elderly not wanting to move away from lifelong friends. A home is where each of us should be able to relax, shout at the TV, play music, read a book, and share meals and the experiences of the day. I regret that I probably take all this for granted, but it is not so for others. In cities, towns and villages, there are those who have no settled base. Their accommodation is shared, overcrowded, temporary, poorly built or maintained, not on a bus route, or a long way from the school. Children need a secure home in order to flourish. This has been brought into sharp contrast during the pandemic, as children often have to share a computer with their siblings to access education, often all sitting round the kitchen table to do their schoolwork.

Good housing, as the commission’s report Coming Home sets outs, should be

“sustainable, safe, stable, sociable, and satisfying”.

It is essential that all new housing should have minimal impact on the environment and be good to look at. Finding land that is available, in the right place and affordable is often the stumbling block. The Church has land. Developers and housing associations are looking for land. However, the best solutions come from the communities themselves, recognising the need for housing and working with others to make this happen. Forming a community land trust—a CLT—is one way of ensuring this happens. Like-minded residents come together to plan what their community needs, engaging in consultation with residents, and the national network is on hand to assist with providing advice and support. These homes can be of mixed tenure, and some CLTs run local post offices and shops—all vital for communities.

The most reverend Primates’ report features two CLTs: Keswick CLT and London CLT—two very different areas of the country. In both cases, local churches were there at the start. In Keswick’s case, they built on church land. There is obviously a lot of potential for this to roll out across the country. Being able to develop on church land, and with churches themselves as active partners in their communities, has been key in setting up the CLTs.

Decent, truly affordable housing is not a single political party issue; it stretches across all parties and none. A long-term, 20-year, deliverable housing strategy—not here today and gone tomorrow—will provide healthy communities, whether in the inner cities, market towns or deep rural areas on the edge of the moors.

The challenges for churches, of all denominations, is land. I was pleased to see that the Church Commissioners, the United Reform Church and the Methodists have all endorsed the report—all have land. In the case of the Church of England, the various diocese will need to know who to talk to if they want to support a new CLT. I sincerely hope that all diocese will embrace the challenge. How do they go about it? How do they bring a community’s project forward? The NCLT has a network of enabler hubs. I welcome the appointment of Bishop Guli Francis-Dehqani as the new bishop for housing. This is a huge step forward and gives a point of contact for those wanting to support affordable housing in their area. I welcome the move to allow the disposal of land for the charitable purpose of providing homes for the wider community at less than full market value. This is absolutely key.

The NCLT enabler hubs were supported by the Community Housing Fund from 2018 to 2020. This was a huge success and the driving force behind the increase in the total number of community-led homes in the pipeline from 5,800 homes to over 23,000 homes. However, that funding ended in March 2020 and there is no provision for a continuation in the Community Housing Fund money announced for this coming year. The research shows that, in order to be truly successful, community-led homes need four to five years of funding to become self-sustaining, not one or two years. The Government have achieved a great success and then pulled the rug out from under their feet.

Some of you may ask what is so special about a community land trust. The short answer is that communities themselves are in charge and the affordability element is enshrined in perpetuity—yes, in perpetuity. Currently, housing associations and local authorities may build affordable homes, but nothing like the 100,000 needed every year, and these homes are subject to the right to buy. While I respect the wish of tenants to buy their own homes, the current system does nothing to solve permanently the problem of affordability.

Affordability is key. I live in a village of some 300 inhabitants; we have a shop, a pub and a church, but the preschool has closed and there are no buses. There were local authority houses in years gone by, but all have been sold under the right to buy. Prices have risen exponentially. Young families have no chance of securing a home here. This is typical of thousands of rural villages. They are rapidly becoming middle class ghettos, where only the middle-aged and the middle classes can afford to live. But a mixed age range is needed to secure thriving communities, especially the chatter of young children.

There are a large number of homeless people in our community. One of them has been sleeping in our church on an annual basis. My noble friend Lord Shipley raised the Vagrancy Act. The vast majority of the homeless do not choose this way of life and the provision of overnight hostels is essential. Anything has to be better than a shop doorway.

I welcome this report and wish the most reverend Primates the Archbishop of Canterbury and the Archbishop of York, along with the right reverend Prelates the Bishop of Manchester and the Bishop of Newcastle, every success with its implementation. If there is anything I can do to assist, I am happy to do it, including waving a supportive banner as delegates go into the General Synod later this year. Hopefully, this will not be needed. I look forward to the Minister’s response, which I sincerely hope will be positive on helping to provide good, affordable homes for all.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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I will call the noble Lord, Lord Griffiths of Fforestfach, again, in the hope that he is now on the call. Lord Griffiths? No? We shall go to the noble Baroness, Lady Ritchie of Downpatrick.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, I would like to take this opportunity to congratulate the most reverend Primate the Archbishop of Canterbury and the Church of England’s commission on producing such a seminal report and policy document on the need for a long-term housing strategy for England. I also commend the most reverend Primate for securing this debate on this important and timely issue, particularly given the pandemic situation, which has pointed up the fragility of human relationships and our interdependence on one another and our communities.

This housing report is set very much in social justice terms. I agree with the most reverend Primate the Archbishop of Canterbury that the central tenet or thesis of the document is the need for good, affordable housing for all and to help people, particularly in the post-Covid scenario. Therefore, I look forward to the Minister’s response to this debate.

Access to suitable housing, whether in the social or private sphere, is a fundamental human right. Coming from Northern Ireland, I can cast my mind back to the civil rights movement there in the late 1960s, where access to housing was a major issue and was caught up in sectarian constitutional politics. One of the slogans of that campaign was “A house based on need and not on creed”. It is interesting to note that the Northern Ireland Housing Executive was formed out of that campaign in the early 1970s. It established an allocation system for social, or public authority, houses based on the principle of need. In fact, the housing associations allocate houses according to where people appear on the Housing Executive’s list. That principle has lasted to this very day. There is absolutely no doubt that housing provision and housing allocation should be based on need.

Access to suitable housing is particularly important during the pandemic and post-pandemic phases. People have to feel safe and secure. As we consider those from the BAME communities, many of whom feel marginalised and isolated, it is important that they have secure shelter within thriving, healthy communities with plenty of open space for recreation.

Therefore, this report from the most reverend Primates the Archbishops of Canterbury and York is very timely. It estimates that so many people are living in overcrowded, unaffordable or unsuitable homes. Responding to these issues, it makes a number of recommendations, all of which I support, aimed at those involved in the housing sector, including the Government. The report sets out a number of recommendations to address the issues, based on five core values: sustainable, safe, stable, sociable and satisfying for all. They should be central to any housing strategy or policy.

The report’s recommendations include actions for the Church of England, the Government and others involved in the housing sector. It recommends that the Church of England commits to using its land assets to promote truly affordable homes and calls on the Government to produce a 20-year housing strategy backed by an increase in public capital investment and a phased reduction in the price of land. It argues that, in the short term, the Government should review the social security system as it fails to provide adequate housing support for a large number of low-income households. I have argued for some time in your Lordships’ House for the need for a root and branch review of the social security system to focus on the income needs of individuals, which will obviously become more acute as a result of the pandemic.

Other recommendations aimed at a variety of those involved in the housing sector include ensuring longer-term security of tenure, introducing an explicit duty of care on landlords, improving the quality of temporary accommodation, and removing unsafe cladding from all buildings. I note the Government have stated that they welcome the leadership of the Church of England and that taking action to tackle our growing housing emergency and looking at how church land can be used to fight homelessness is welcome.

I have some questions for the Minister. What positive, concrete steps will the Government take, working with all sectors within the affordable and social housing regime, to increase the supply of houses and ensure that planning policy and strategy involve the healthy development of communities with recreational space? Will the Government bring forward a composite housing strategy encompassing homelessness, the affordable and social housing sectors, overcrowding, increasing the supply of houses, the rights of renters, unsafe cladding, energy efficiency of homes, and fuel poverty? What legislative provisions will be introduced to address standards in the private rented sector, houses in multiple occupation, and overcrowding to protect the health and well-being of occupants?

What further measures will the Government bring forward to ensure that all houses, apartments and flats in the public and private rented sectors are safe from fires and that all external cladding will be removed and replaced with fire-resistant materials to avoid another Grenfell, with such unwarranted loss of life? Will a comprehensive scheme to deal with external cladding issues be developed?

I have some experience in the housing field as a former Minister with responsibility for the provision of social housing in the mid-2000s in Northern Ireland. We did some significant work with the noble Lord, Lord Best, and the noble Baroness, Lady Ford. We concentrated on increasing the supply of housing, implementing funding models to bring in private finance for the provision of housing, working with the corporate banking sector and housing associations to increase the supply of housing, using government land for the construction of houses, thereby reducing the cost of housing units, and deploying the use of developer contributions. All this added the distinct multiplier effect that housing construction has on the economy and job creation. There was also a concentration on the redevelopment of housing and green open spaces in inner-city Belfast. Parts of these areas had been subject to sectarian violence. The houses were derelict and in urgent need of repair. Another aspect of housing renewal was the use of former military sites for housing provision. All this provided regeneration and added to the supply of housing.

I therefore think that there may be similarities to what we did in the Church of England’s report, which is focused on social justice, fairness, equality and accessibility in housing provision and recreational spaces, chiming with the fact that homes and communities should be created to be sustainable, safe, stable, sociable and satisfying for all.

In commending the work of the most reverend Primates, I wish them well in their endeavours in the housing field, and I hope that the Minister pays attention to the contents of the report and works with the Church of England and others in the housing field to implement many of the recommendations. I look forward to the Minister’s answers to the questions that I have asked today.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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My Lords, I have been asked to try calling the noble Lord, Lord Griffiths of Fforestfach, for a third time. Is Lord Griffiths of Fforestfach there and able to take part? I am afraid we are getting silence. I call the right reverend Prelate the Bishop of Newcastle.

Non-Domestic Rating (Lists) (No. 2) Bill

Lord Faulkner of Worcester Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 4th February 2021

(3 years, 9 months ago)

Grand Committee
Read Full debate Non-Domestic Rating (Lists) Act 2021 View all Non-Domestic Rating (Lists) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 146-I Marshalled list for Grand Committee - (1 Feb 2021)
Bill reported without amendment.
Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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My Lords, that concludes the Committee’s proceedings on the Bill. I remind Members to sanitise their desks and chairs before leaving the Room.

Committee adjourned at 4.26 pm.