Business and Planning Bill

Debate between Lord Faulkner of Worcester and Lord Young of Cookham

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Young of Cookham (Con) [V]]

My Lords, I begin with a brief word about Labour’s Amendment 11, moved by the noble Baroness, Lady Wilcox. I am disappointed that the party which—with a bit of prodding when in government—introduced the ban on smoking in pubs has in opposition retreated from that bold approach to public health issues, and cannot support Amendment 15. This disappointment is shared by many of Labour’s noble Members. Its own amendment has been trumped by the Government’s amendment, which goes further, and which I will turn to in a moment, but I agree with the noble Baroness, Lady Wilcox, that more action is needed to combat smoking.

The Government have adopted the “hard cop, soft cop” approach on this issue. Last week, my noble friend Lord Greenhalgh was cast as the hard cop and was obliged to read out an uncompromising speech asserting that our amendment would lead to pub closures and job losses. Why pubs that have survived all the problems that have confronted industries so far should decide to close when given the opportunity to extend their non-smoking premises to include the pavements outside was never explained. He also said that imposing a condition to prohibit outdoor smoking would not be proportionate. Yet outdoor smoking is already banned in open-air stadiums and at open-air railway stations, because they are places where people congregate and therefore there is the health risk and the annoyance of passive smoking. It would be the same with pavement smoking.

However, it would be churlish to complain too much, because in the meantime the hard cop was replaced by the soft cop, my noble friend Lord Howe, emollient and with an impeccable public health record. He has tabled an amendment which goes a long way towards what we were arguing for, and wrote a helpful letter to noble Lords today. I pay tribute to his role in listening to last week’s debate and moving government policy forward on this issue. I know that my noble friend Lord Greenhalgh, who made a personal commitment to the anti-smoking campaign in the debate last week, has also played a role.

As the noble Baroness, Lady Northover, said, the government amendment does not go as far as I would like, but before turning to that, I will make one point about the guidance referred to in the noble Earl’s amendment. Given that many pubs have already made provision for smokers on their own premises—usually canopies with patio heaters—I hope the guidance will say that where this is the case, any extension to the pavement should be smoke-free, since there is already somewhere for the smokers to go.

The Government’s amendment does not go as far as I would like, and I will not repeat the arguments in favour of Amendment 15 so ably put by the noble Baroness, Lady Northover, and other noble Lords, last week. While none of the arguments against it have convinced me that they would be the right way forward, I recognise that given the position of the Labour Party, the cross-party alliance so skilfully constructed by the noble Baroness has gone as far as it can, and therefore I am prepared to settle for and support the government amendment. I hope that others who share my view will feel able to do the same.

[Lord Faulkner of Worcester (Lab) [V]]

My Lords, yesterday’s press release from the Ministry of Housing, Communities and Local Government stated:

“People using pubs, restaurants and cafés will soon have greater freedom to choose non-smoking outdoor areas”,


a laudable objective that is consistent with the cross-party Amendment 15, which I have signed, along with the noble Baronesses, Lady Northover and Lady Finlay of Llandaff, and the noble Lord, Lord Young of Cookham, and which is identical to the one we debated in Committee last week. Some of your Lordships may take the view that had we not raised the issue of smoking in areas covered by pavement licences, the other amendments in this group might never have seen the light of day today. Indeed, if it had not been for the noble Baroness, Lady Northover, raising the subject at Second Reading, that would probably be the case.

As I indicated in Committee last week, our amendment enjoys strong cross-party support from the Local Government Association, which represents local councils in England and has asked the Government to make pavements smoke-free. Birmingham Labour councillor Paulette Hamilton, vice-chair of the LGA’s community well-being board, is urging your Lordships to give councils the power to extend smoke-free areas to include pavements, so that

“this alfresco summer can be enjoyed by everyone.”

She added:

“Councils have worked hard to help hospitality businesses reopen, including relaxing requirements and making changes to roads and pavements to enable pubs, cafés and bars to operate outside safely with more outdoor seating. Pavement licensing should not be a catalyst to increase smoking in public places, putting people at greater risk of ingesting second-hand smoke when they are enjoying a drink or a meal.”


This view is shared by the Conservative leader of Oxfordshire County Council, Ian Hudspeth, whom I quoted in the debate last Monday, and who has set the laudable target of a smoke-free Oxfordshire by 2025.

On 15 July, the Welsh Government committed to bringing in new laws to ban smoking in hospital grounds and schools under the Public Health (Wales) Act 2017, to

“protect the public from second-hand smoke and de-normalise smoking in the eyes of young people.”

They are on course to bring in a smoking ban for the outdoor seating areas of restaurants and cafés, which is supported by nearly two-thirds of adults in Wales, according to a survey by ASH Wales.

My final point arises from my supplementary question to the noble Lord, Lord Bethell, earlier this afternoon. Noble Lords may recall that I asked him whether today’s proposed guidance for smoke-free areas outside pubs and restaurants would be agreed with the DHSC, published before the House rises and subject to parliamentary scrutiny. Rather to my surprise, he did not answer any of these rather important questions, and later in the session, when the noble Baroness, Lady Walmsley, asked them again in the same form, she did not get a reply either. What is going on? Have the Government not yet made up their mind, or does the MHCLG refuse to acknowledge that this is a public health issue, let alone that it has anything to do with the Government’s aim to make England smoke-free by 2030? I still think that our amendment is the best of the three on offer, and I will be disappointed if the House does not agree to it this afternoon.

Honours System

Debate between Lord Faulkner of Worcester and Lord Young of Cookham

Tuesday 26th March 2019 Lords Chamber

[Lord Young of Cookham]

I take seriously the point made by the right reverend Prelate. People do give reasons for turning down honours; those reasons are not made public. In the letter which my right honourable friend the Prime Minister wrote to my noble friend last year, when this issue was raised, she said that it was “rare” for an honour to be turned down for this reason. But we will try to dig further, in the light of the comments of the right reverend Prelate, and see to what extent this is a real disincentive.

[Lord Faulkner of Worcester (Lab)]

My Lords, the New Year Honours List of 1969 contained a life peerage for Sir Learie Constantine, who took his seat in this House 50 years ago today. On the House of Lords website, there is a very fetching photograph of the bust of Lord Constantine, with the Lord Speaker and the noble Baroness, Lady Benjamin. Lord Constantine’s bust, borrowed from the National Portrait Gallery, is in the Royal Gallery from today. Will the Minister encourage all Members of your Lordships’ House to attend the event on 1 May, when this iconic figure will be celebrated in a seminar and lecture in the Robing Room? There, Members can pay their own tribute to the first Afro-Caribbean Member of your Lordships’ House.

[Lord Young of Cookham]

I entirely endorse what the noble Lord has said. As he was speaking, I could see noble Lords writing in their diaries the date he referred to.

Capita

Debate between Lord Faulkner of Worcester and Lord Young of Cookham

Tuesday 24th April 2018 Lords Chamber

[Lord Young of Cookham]

The Government will hold Capita, and indeed other suppliers, to the terms of their contract and take appropriate steps if those terms are ever broken.

[Lord Faulkner of Worcester (Lab)]

My Lords, would it be helpful if the House were reminded of what the Companion says about procedure on Urgent Questions? They are treated as Private Notice Questions, which in turn are treated as similar to normal Oral Questions. In particular, the answers and supplementary questions on a Private Notice Question must be brief to allow as many people as possible to come in.

[Lord Young of Cookham]

If that was a rebuke to me, I am glad. I plead guilty, and I am sure that will have been noted. I will be as quick as I can with the responses to the following Urgent Question.

Immigration Statistics

Debate between Lord Faulkner of Worcester and Lord Young of Cookham

Monday 12th March 2018 Lords Chamber

[Lord Young of Cookham]

I agree that the public should have confidence in the statistics produced by the ONS, particularly on migration. These are an important input to policies on housing, health, education and other public services. The ONS will use powers in the Digital Economy Act, which has recently passed into legislation, to access data from other government departments. This will complement the information it already has from the IPS. By accessing not only exit data from the Home Office but information from HMRC, from the DfE on school rolls and from GPs on GP lists, it will be able to strengthen and enrich—the word it has used—the statistics on migration, and in turn this will enhance confidence. The Government do not make forecasts on migration but the ONS produces what it calls estimates.

[Lord Faulkner of Worcester (Lab)]

Is there any serious member of Her Majesty’s Government—with the possible exception of the Prime Minister—who does not believe that overseas students should not be included in immigration statistics? Is it not time that this change was made and a message of hope given to our universities?

[Lord Young of Cookham]

The noble Lord will recall that this issue was debated extensively by your Lordships when the then Higher Education and Research Bill went through this House. When the Bill left this House an amendment was carried to delete overseas students from the migration figures. When that legislation hit the statute book, that bit was omitted. In the meantime, the ONS will continue to follow the UN standard, which is to count anyone who is here for more than a year as a long-term migrant. That practice is followed by the USA, New Zealand, Canada and Australia. There is an impact on services if people stay here for longer than a year, and the ONS, which is independent, has decided to continue to use the United Nations definition.

Neighbourhood Planning Bill

Debate between Lord Faulkner of Worcester and Lord Young of Cookham

Report: 1st sitting: House of Lords
Thursday 23rd February 2017 Lords Chamber

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

I must advise the House that if Amendment 19 is agreed to, I am not able to call Amendment 20 for reasons of pre-emption.

[Lord Young of Cookham]

I am grateful to the noble Lord, Lord Kennedy, for speaking to his amendments. He said that the Government had not set out the purpose of the clause. In response to the noble Lord, Lord Stunell, in the debate that we have just had, I set out the two main objectives of Clause 13. I hope that, on reading Hansard, noble Lords might find that that was a succinct explanation of why we believe that the clause is necessary. The policy was announced in the Budget last year and confirmed in the Queen’s Speech, and we have set out the case on several occasions during the passage of the Bill.

There are a substantial number of amendments in this group and if I am to do justice to them all, I am afraid that it may take a moment or two—although less time than when the speaking note was originally drafted. I will begin with Amendment 19, tabled by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Parminter, which would remove subsection (3) of new Section 100ZA. This amendment would therefore remove an important constraint and safeguard on the power in subsection (1), much the same as Amendments 11 and 13, which we have already discussed. Subsection (3) requires that, before making regulations under subsection (1), the Secretary of State,

“must carry out a public consultation”.

This would afford the opportunity for local views to be put forward as part of the process for determining how the power will be exercised.