Smoke-free Pavements

Debate between Lord Faulkner of Worcester and Lord Greenhalgh

Wednesday 24th November 2021 Lords Chamber

[Lord Greenhalgh (Con)]

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 (Lab)]

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 (Con)]

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

Debate between Lord Faulkner of Worcester and Lord Greenhalgh

Wednesday 14th July 2021 Lords Chamber

[Lord Greenhalgh (Con)]

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 (Lab)]

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.

Flood Plains: Housing Development

Debate between Lord Faulkner of Worcester and Lord Greenhalgh

Thursday 24th June 2021 Grand Committee

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

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.

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

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]

Debate between Lord Faulkner of Worcester and Lord Greenhalgh

Committee stage
Monday 14th June 2021 Grand Committee

[Lord Greenhalgh (Con)]

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.

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

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?

No-fault Evictions

Debate between Lord Faulkner of Worcester and Lord Greenhalgh

Wednesday 27th January 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I point out that there is a firm commitment to the abolition of Section 21, while strengthening the powers to evict on other grounds. That reform will come forward when parliamentary time allows.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, all supplementary questions have been asked, and we now move to the third Oral Question.

End of Eviction Moratorium

Debate between Lord Faulkner of Worcester and Lord Greenhalgh

Thursday 24th September 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, what I said was that we would look at and consider the loan arrangement but that we are not making a commitment to it—indeed, it is based only on an announcement—so that we can see what the Welsh Government intend to do. I pointed out that there are great similarities between the situation in Wales and in this country regarding the court system and the six-month notice period.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the time allowed for this Question has elapsed and I apologise to the noble Lord, Lord Balfe, who was the only Member who was not able to get in.