26 Lord Foster of Bath debates involving the Ministry of Housing, Communities and Local Government

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, I am grateful to the noble Lord, Lord Foster, for raising the important issue of tackling gambling harms on our high streets. We have reflected on the points raised during previous debates about the need for local authorities to have the tools they need to tackle gambling harms and make licensing decisions that are in the best interests of their communities. We have therefore tabled this amendment to strengthen the ability of licensing authorities to issue what will be known as a gambling impact assessment.

The gambling impact assessment can set out that granting a licence for gambling premises in specific areas is not likely to be reasonably consistent with the licensing objectives. Such an assessment must be based on evidence showing that premises in a specific area risk undermining the licensing objectives; for example, by causing harm to children or other vulnerable people. This evidence must be published in the assessment.

We anticipate that gambling impact assessments will apply predominantly in areas where licensing authorities want to limit the granting of further gambling premises licences on cumulative impact grounds. However, it will also be possible to prevent the granting of a single licence in a specific area if the licensing authority believes there is evidence to show that this would not be likely to be consistent with the licensing objectives. This will help licensing authorities to more easily limit the number of gambling premises licences in their areas where this is justified.

Where gambling impact assessments apply, licensing authorities can adopt a policy that they will not grant any new premises licences in the areas covered by the assessment. However, this is in no way a blanket ban. Each application for a premises licence must be considered on a case-by-case basis, and a licensing authority would be required to grant a licence if the applicant provides evidence to show that the licence would be reasonably consistent with the licensing objectives. This will deliver on commitments made in the English devolution White Paper and the Pride in Place strategy, and it will help local authorities to curate healthy and vibrant high streets that reflect local need.

I repeat my thanks to the noble Lord, Lord Foster, for speaking in such great detail and with such knowledge on this. I also thank all my colleagues in local authorities who I know will be very pleased to hear that this is being done. I beg to move.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I declare my interest as chairman of Peers for Gambling Reform and as chair of Action on Gambling. I thank the Minister for her very kind words just now. As she said, giving local councils greater power to control the number of gambling premises on their high streets is something I have pursued for many years. For instance, 22 years ago in the other place—I was looking back at the record earlier today—when opposing what became the Gambling Act 2005, I said that there was a need to provide

“strong and absolute powers to local councils to specifically reject individual casino applications”.—[Official Report, Commons, 1/11/04; col. 62.]

The need to provide greater powers to councils to control all forms of gambling premises remains. Large numbers of gambling premises on the high street, often in deprived areas, are closely linked with increased crime and gambling harm, causing great harm to individuals, their families and the communities in which they live.

Only a couple of weeks ago, the Observer reported on the closure of the very last bank in a historic coastal town. That bank is now being taken over by an adult gaming centre, providing gambling machines and all sorts of other opportunities to gamble. It is going to operate for 24 hours a day. Many members of the local community were violently opposed to this and, not surprisingly, the council itself was opposed to it, and the planning application and the licensing application for the conversion of the former bank into an adult gaming centre were rejected.

Nevertheless, Admiral, which was making the proposal, took its application on appeal to the Planning Inspectorate. As a result, the rejection by the council—despite all the opposition—was overturned. Indeed, the Observer article pointed out that between 2021 and 2025 there have been 85 examples of similar planning applications refused by the local council, and yet 59 of them were overturned by the Planning Inspectorate and have gone ahead. There is still an urgent need to do something about it.

One of the reasons why the Planning Inspectorate overturned those rejections by local councils was because of a section in the Gambling Act 2005 that says councils must have an “aim to permit” gambling premises to open. Therefore, the best way of dealing with the problem will be to delete the “aim to permit” section from the Gambling Act, but sadly neither the previous Government nor the present Government were willing to do that. So I proposed an alternative: to use the cumulative impact assessment procedure, which had been successfully introduced many years ago to help councils stop the proliferation of premises selling alcohol. Clearly that is not a problem today as many pubs are closing, but at the time it was very effective, used in the way the Minister has described. I was absolutely delighted that the Government said that they would use the approach of the cumulative impact assessment procedure.

The Minister knows that I have a slight concern about the wording of the amendment, and we have had a discussion about it. But she assured me—and I quote from her letter to me—that she is confident that

“the amendment as drafted will clarify and strengthen licensing authorities’ powers during the licensing process, particularly in areas vulnerable to gambling related harm”.

I hope she is right. I am increasingly confident that she is. On the basis of that, I hope all noble Lords will support her amendment.

Lord Jamieson Portrait Lord Jamieson (Con)
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My Lords, I am grateful that the Government have come forward with this amendment. We believe it is right that the cumulative impact of gambling licences in an area should be taken into account. We are pleased that the Government have sought to respond to the amendment in Committee from the noble Lord, Lord Foster of Bath. That said, we note that this amendment is somewhat longer and more complex than the original amendment proposed by the noble Lord. We fear that, as a result, it may lack some clarity—in particular what it means for an applicant to show consistency with licensing objectives and how the evidence would be assessed. The regulatory framework should be communicated in a way that is understandable and reliable for business and local authorities alike to prevent inconsistencies and confusion, which could then result in costly appeals or legal challenges. I ask the Minister to respond to that, but I thank her for bringing forward this proposal. We will also be supporting it.

Social Cohesion Action Plan

Lord Foster of Bath Excerpts
Monday 16th March 2026

(1 month ago)

Lords Chamber
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Lord Harper Portrait Lord Harper (Con)
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My Lords, may I take the Minister back to—

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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We have not heard from the Lib Dems yet.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, there is much to welcome in the plan, including the agreement to produce an integration plan. It would obviously be very helpful if the Minister could tell us when that is expected to be produced. But it also includes a commitment to refresh the Life in the UK Test. Only last week, in the other place, the Minister for Immigration was unable to answer one of the test questions, namely, “What is the height of the London Eye?” More importantly, he was unable to justify the inclusion of that question in the test. Further, we discovered that there are questions such as, “What is the largest denomination in the United Kingdom?”, to which, apparently, the “correct” answer is £50, whereas, in truth, in Scotland, it is £100. So, the answer that is given is incorrect. We understand that that will last until 2027. Are we really going to have to wait all that time until the Government take action on a test that has received ridicule around the world?

Moved by
235F: After Clause 72, insert the following new Clause—
“Permission for gambling premises: cumulative impact assessments(1) A local authority which is a planning authority must, when considering any application for planning permission or change of use for premises which are to be used for gambling, take into consideration any relevant cumulative impact assessment published in accordance with section 349(1A) of the Gambling Act 2005, and where the conditions in that document are satisfied they shall in the absence of very special circumstances refuse the application.(2) The Gambling Act 2005 is amended according to subsections (3) and (4).(3) In section 153(1)(d), after “statement” insert “, including any cumulative impact assessment,”.(4) After section 349(1), insert—“(1A) A licensing authority may include in their statement an assessment (“a cumulative impact assessment”) stating that they consider that the number of premises licences granted under section 163 in one or more parts of their area described in the assessment is such that it is likely that it would be--(a) inconsistent with the licensing objectives in section 1, or(b) harmful to the wellbeing of the community,for the authority to grant any further premises licences which would result in an increase in the number of such premises in that part or those parts”.”
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, rather like the noble Lord, Lord Hampton, I apologise for being a Johnny-come-lately, having left my noble friends to do all the heavy lifting on this Bill. I have come to raise only one issue: the concern that many of us have about the prevalence of gambling premises on our high streets.

In raising that issue, I declare my interest as the chairman of Peers for Gambling Reform and the chair of Action on Gambling. Many noble Lords will be aware of the serious concerns about the large number of gambling premises, particularly betting shops and adult gaming centres, on many of our high streets. Only a few weeks ago a Minister wrote in a Written Answer:

“Some high streets have become increasingly dominated by certain types of premises—including gambling establishments—which don’t always meet the needs of their communities. According to the Gambling Commission, the number of adult gaming centres (AGCs) rose by 7% between 2022 and 2024, with additional data showing that AGCs are most concentrated in areas of higher deprivation”.


That last point was confirmed by the NHS’s Office for Health Improvement and Disparities, which confirmed that the most deprived local authorities have three times more gambling premises per head of population than the least deprived local authorities. Research shows not only very clear links with increased crime but, crucially, higher levels of gambling harm and all the problems that brings to the individuals, their families and their communities.

As a result, communities across the country have been demanding that local councils take action to stop the proliferation. But, as has been seen in many council areas—Peterborough, Brent and numerous others—they have come up against a stumbling block: Section 153 of the Gambling Act 2005. This is the so-called aim to permit section, under which the default position that councils have to take is that they must permit the use of premises for gambling unless there are specific reasons not to do so. Councils that have tried to stop new gambling venues have often had lawyers from the very powerful and wealthy gambling companies to contend with and have always ended up losing.

No wonder Brent Council, which has been leading a group of councils to try to bring about change to get more power, has come up with a little card pointing out that it is easier to block a fast food joint opening next door to a school than it is to stop a high street casino next door to a homeless shelter. Quite simply, planning and licensing authorities need additional powers to regulate the circumstances in which they authorise or reject premises being used for gambling.

On numerous occasions the Government have said that they wanted to do exactly this. The Pride in Place strategy, published on 25 September 2025, said:

“We … want to empower local authorities to curate healthy, vibrant public spaces that reflect the needs of their communities”.


It reaffirmed the Government’s commitment

“to strengthen councils’ tools to influence the location and density of gambling outlets”.

That is a clear commitment and has been repeated by the Prime Minister and other Ministers time after time. Sadly, the answer has been not to rule out the aim to permit but to come up with another solution. This alternative way forward was based on the solution to a problem that used to exist when there was a growth in the number of premises selling alcohol, and it is the basis for my amendment today.

That solution enabled local authorities to review and consult on the number and impact of the existing relevant premises, including pubs, in a particular area. Are there too many? Are there enough, or could we have some more? That was called a cumulative impact assessment. If that CIA concluded that there were already enough pubs in an area and that an extra one would harm the well-being of the community, it could be used to reject a licence for an additional one.

That idea of a cumulative impact assessment being used for gambling premises was picked up by the Conservative Government when they were in power. Their White Paper on gambling said categorically:

“We will align the regimes for alcohol and gambling licensing by introducing cumulative impact assessments”,


for gambling licences,

“when Parliamentary time allows”.

The new Government have come to the same conclusion. The Prime Minister announced that it is the Government’s intention to introduce cumulative impact assessments when parliamentary time allows, and Ministers have used it time after time in answers to Written Questions.

During the passage of the Planning and Infrastructure Act, I argued that it provided the necessary parliamentary time, so I introduced an amendment that would have provided CIAs for gambling licences. The Government accepted that it was a great idea and they really wanted to do it, but told me that that was not the right Bill to do it in. I was confused at the time as to why that was but nevertheless accepted it. I am very much hoping that we have another Bill which is the right Bill in which to do it. My Amendment 235F would therefore bring forward, as I have done previously, the giving of the power to local councils to use cumulative impact assessments to address, where it is appropriate, concerns about additional gambling premises coming to a particular area.

I hope the Minister will agree at least in principle to the amendment. If she is in any way unhappy with any of the details, I hope she will agree to work with me and other interested parties so we can resolve them and bring back an amendment that is acceptable to all parties at a later stage in the Bill, therefore giving councils the additional powers they need to curb the proliferation of gambling venues with all the problems they can create on our high streets.

Lord Jamieson Portrait Lord Jamieson (Con)
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My Lords, I thank the noble Lord, Lord Foster of Bath, for his amendment. Having listened to his arguments, I believe he is right that local authorities should not only have the ability to but should take into account cumulative impact before deciding on planning applications for gambling premises.

This would not be an outright ban on premises being used for gambling, nor would it encourage local authorities to come to a particular conclusion or other. Rather, this would allow councillors to make a reference to cumulative impact assessments and adopt an evidenced-based approach on planning matters. Local authorities should be empowered to respond and make planning decisions according to their communities’ needs, and they are best placed to interpret the evidence and act proportionately. I look forward to hearing the Minister’s response.

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For these reasons, I cannot accept the noble Lord’s amendment, although I thank him for raising the issue. I reassure him that the Government are actively working to introduce cumulative impact assessments as soon as possible. I hope that, between now and Report, the noble Lord will continue his dialogue with me so that we can try to make some progress on this. I understand his frustration, and I hope that, from the tone of my reply, he understands that we are very anxious to move this on. In the meantime, I hope that he will withdraw his amendment.
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, before I do exactly that, I thank the Minister for her very warm response. I am well aware of the difficulty around the issue of planning and licensing. The Minister will be aware that many councils have combined the two, even though they must have separate business because of the regulations and rules surrounding that. I absolutely appreciate that there are a lot of issues around that.

If the Minister’s indication is that we can work this out together before Report, I look forward to that very much indeed. I know that the Government are very keen to do this, so I am sure that, between us, we will come up with a way of making it happen. With that, I beg leave to withdraw my amendment. I apologise again to the Committee for being a one-trick pony and departing fairly rapidly after having done it.

Amendment 235F withdrawn.
Moved by
117: After Clause 52, insert the following new Clause—
“Permission for gambling premises: cumulative impact assessments(1) A planning authority shall, when considering any application for planning permission or change of use for premises which are to be used for gambling, take into consideration any relevant cumulative impact assessment published in accordance with subsection (2), and where such an assessment has been published they shall in the absence of very special circumstances refuse the application.(2) A licensing authority may publish a document (“a cumulative impact assessment”) to inform the planning authority’s decision under subsection (1), stating that they consider that the number of premises licences granted under section 163 of the Gambling Act 2005 (determination of application) in one or more parts of their area described in the assessment is such that it is likely that it would be—(a) inconsistent with the licensing objectives in section 1 of that Act, or(b) harmful to the wellbeing of the community,for there to be any increase in the number of such premises in that part or those parts, and where it does so it shall include a summary of the evidence on which it based its assessment.(3) Before taking a cumulative impact assessment into consideration in accordance with subsection (1), the planning authority must satisfy itself that the licensing authority, before it published the assessment or a renewed or revised version of the assessment, consulted any persons who in the licensing authority’s opinion have business interests which might be affected by the assessment, and provided them with the following information—(a) the reasons why they were considering publishing a cumulative impact assessment;(b) a general indication of the part or parts of their area which they were considering describing in the assessment.(4) The planning authority may only take a cumulative impact assessment into consideration in accordance with subsection (1) if the assessment is less than three years old.(5) In section 153 of the Gambling Act 2005 (principles to be applied), at the end of subsection (1) insert—“but this subsection does not prevent a licensing authority from publishing a cumulative impact assessment as described in section (Permission for gambling premises: cumulative impact assessments) of the Planning and Infrastructure Act 2025”.”
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I begin by declaring my interest as chairman of Peers for Gambling Reform. I intend to speak only to Amendment 117 in my name. I am enormously grateful to the noble Baroness, Lady Bennett of Manor Castle, for her support for the amendment.

I raised this issue in Committee and explained the urgent need to give local authorities additional powers to limit the number of gambling premises on our high streets. It is no coincidence that gambling operators wish to locate their premises in deprived areas where people can least afford to gamble yet sadly gamble most. Research shows that the most deprived local authorities have three times as many gambling premises per head of population as the least deprived local authorities. There are not only clear links with increased crime but, crucially, higher levels of gambling harm and the problems that this creates for individuals, their families and those communities.

But councils that wish to reduce this harm by limiting the number of gambling premises come up against the most pernicious part of the Gambling Act 2005: Section 153, which actually requires them to permit the use of premises for gambling in the absence of very specific reasons not to do so. Therefore, the power they need, which they already have in the case of alcohol licensing, is to be able to conduct prior evidence-based assessment of the impact of the number of gambling premises in particular areas. If that assessment shows that in any area there are already so many gambling premises that any more would be harmful to the well-being of the community, they can publish that assessment—a cumulative impact assessment. Once they have done so, it then acts as grounds for refusing permission for yet more gambling premises. That is what this amendment seeks to achieve.

The noble Lord, Lord Parkinson, the relevant Minister at the time, knows that it is exactly what the Conservatives supported in their 2023 White Paper. It is also what the current Government have said they want to achieve. On 9 June, in reply to a Written Question in the other place, the DCMS Minister said that

“cumulative impact assessments … would allow local authorities to take into account a wide range of evidence to inform licensing decisions and to consider the cumulative impact of gambling premises in a particular area. We will look to complement local authorities’ existing powers in relation to licensing of gambling premises … when parliamentary time allows”.

Even the Prime Minister has made clear that he supports it on behalf of the Government. He said:

“It is important that local authorities are given additional tools and powers to ensure vibrant high streets. We are looking at introducing cumulative impact assessments, like those already in place for alcohol licensing, and we will give councils stronger powers over the location and numbers of gambling outlets to help create safe, thriving high streets”.—[Official Report, Commons, 3/9/25; col. 281.]


The Minister and the Prime Minister both spoke about local authorities, and so have I. However, we have to bear in mind that, where a gambling operator wishes to open new gambling premises, it needs both planning permission from the local authority, wearing its planning authority hat, and a gambling premises licence from the local authority, wearing its licensing authority hat. Because this is a planning Bill, the amendment that I moved in Committee would have given the powers to make the cumulative impact assessment to the planning authority. In reply, the Minister said:

“The Government are … of the view that the most appropriate body to assess the cumulative impact of licensed gambling premises is the local licensing authority, rather than the planning authority”. —[Official Report, 9/9/25; col. 1449.]


That is why they were not willing to support it.

The amendment that I am now moving would accordingly give the licensing authority the power to make a cumulative impact assessment, exactly as happens for alcohol licensing, and the planning authority the duty to take it into account when deciding whether to grant planning permission for gambling premises, again, exactly as applies to alcohol licensing. I have been absolutely assured that this falls within the scope of the Bill.

This is a power that local authorities urgently need to prevent the undue proliferation of gambling premises. On Monday, in the other place, the Minister from MHCLG, in a Written Answer, extolled the virtues of cumulative impact assessments to tackle these issues. She said:

“We will introduce Cumulative Impact Assessments when parliamentary time allows”.


The Bill provides the parliamentary time, and the amendment can deliver what the Conservative Party, the Prime Minister and the Government say that they want.

I am more than happy to accept that the Minister may say there are some technical deficiencies with the amendment. I genuinely do not think there are. But if that is her response, and if she is willing to agree to have a meeting to discuss it before Third Reading, I assure her that I will not delay the House and will be willing later to withdraw the amendment. At this stage, to enable the debate, I beg to move.

Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, can the Minister also send my best wishes to the noble Baroness, Lady Chapman?

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Lord Jamieson Portrait Lord Jamieson (Con)
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My Lords, in Committee we were sympathetic to the intentions of the amendment from the noble Lord, Lord Foster of Bath. The Government should consider this carefully. We have heard some powerful speeches on it that I will not repeat. I will go back on just one point that the noble Lord raised. A few weeks ago, the Government reassured the House from the Dispatch Box that cumulative impact assessments for gambling licensing would be considered when parliamentary time allows. We will hold them to account on this promise. Will the Minister give the House a timescale for it?

I support my noble friend Lady Neville-Rolfe’s amendments to support small and medium-sized businesses. As we have raised elsewhere, the planning process is overly bureaucratic and time consuming, and I share the sentiments of the noble Lord, Lord Inglewood, that 12 months is frequently a very short time. This places a significant financial and resource burden on applicants, which falls particularly hard on smaller businesses that do not have the resources and expertise of larger enterprises.

As we debated previously on Report, the cost per property of the planning process can be significantly higher for smaller developments. It is right that planning authorities should have regard to this, and I ask the Minister what the Government will do to ensure that this burden is lowered, particularly for SMEs. Supporting SMEs is one of the most effective ways to inject greater competition and diversity into the sector and, ultimately, to strengthen the wider economy. Therefore, we will support my noble friend’s amendments should she choose to test the opinion of the House.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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Before the noble Lord sits down, I would be enormously grateful if he would make it clear to the House what his position is on Amendment 117. He said that he will hold the Government to account but wants to know what the timescale is. Well, the timescale is a couple of minutes, if we have a vote on this. Will he just explain where he stands, bearing in mind that noble Lords behind him have made very clear their intention to support this amendment?

Lord Jamieson Portrait Lord Jamieson (Con)
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I believe I have made our position very clear, and we will hold the Government to account.

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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My Lords, I will put the noble Lord, Lord Jamieson, out of his misery. I thank the noble Lord, Lord Foster of Bath, for his Amendment 117. He raises a very important issue, and I will explain how we intend to address it. I assure him that the Government intend to introduce cumulative impact assessments for gambling licensing when parliamentary time allows; I will elaborate on that in a moment. He will have noted that we reiterated this commitment in our Pride in Place Strategy, published since we last discussed this issue. I imagine that is what prompted the comments from my honourable friend in the other place, which the noble Lord referred to.

There is no doubt in my mind about the potential harms that can come from gambling, particularly in relation to cumulative impacts. I heard the comments of the noble Baroness, Lady Bennett, about what was said in the Select Committee, but I think there is consensus across this House that harms undoubtedly come from gambling. Cumulative impact assessments will strengthen local authorities’ tools to influence the location and density of gambling outlets. We intend cumulative impact assessments to be used to assess gambling premises’ licence applications, rather than applications for planning permission or change of use, as in this amendment.

The Planning and Infrastructure Bill concerns the planning system rather than the licensing system— I will come to further points on the intervention from the noble Lord, Lord Deben, in a moment—and it is unfortunately not the appropriate vehicle for the introduction of cumulative impact assessments for gambling premises licensing. Under the amendment from the noble Lord, Lord Foster, the cumulative impact assessment would be published by the licensing authority but be used during the planning process by the planning authority. I am concerned that his amendment would risk creating inconsistencies between the approaches of the local authority’s planning policies and the licensing authority’s statement of licensing principles. The Government’s view is that it is essential for the licensing authority to consider the cumulative impact assessment in the exercise of its licensing functions when considering whether to grant a premises licence, rather than at the planning stage. This is a planning Bill, not a licensing Bill—

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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Can I just finish what I am saying? It might help. The issue is out of scope, but we have Bills coming forward where licensing will almost certainly be in scope. I reassure the noble Lord that the Government are actively working to introduce cumulative impact assessments for gambling licensing when we have a suitable vehicle. However, for the reasons I have set out, I ask him to withdraw his amendment.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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Just before the Minister sits down, she has said that it would cause confusion between licensing and planning. However, the amendment that is now before the House took account of all the concerns that she raised when we debated it earlier. It has now changed in such a way that it would absolutely replicate what is already in statute in relation to alcohol licensing. That has not caused a problem, and I do not begin to understand the difference she is now saying there is between my amendment and what already exists in legislation in relation to alcohol licensing. It would be helpful if she could explain.

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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As drafted, the amendment would require planning authorities to make decisions based on assessments published by the licensing authority, effectively placing planning and licensing authorities into potential conflict with one another. It would also not provide for the licensing authority to assess licensing applications with respect to its own cumulative impact assessments. I hope that that is helpful. Turning to Amendment 121G—

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An amendment seeking to define SMEs in an alternative way could add unnecessary complexity to the planning system and risk undermining our efforts to ensure proportionality. For those reasons, I hope the noble Baroness will not press her amendment.
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I am sure that the noble Baroness, Lady Neville-Rolfe, will join me in thanking all noble Lords who participated in the debate. I particularly thank the noble Baronesses, Lady Bennett of Manor Castle and Lady Maclean, and the noble Lords, Lord Deben and Lord Jackson, for their support for my amendment.

I want to make it clear to the House that I have spent many hours in the Public Bill Office discussing various iterations of this amendment to ensure that it is absolutely in scope for this legislation. I absolutely assure the House that this amendment replicates exactly the procedures already in legislation in relation to alcohol licensing. I assure all noble Lords that local authorities around the country support passing this amendment as quickly as possible, and that Ministers and the Prime Minister have categorically said—

Lord Wilson of Sedgefield Portrait Lord in Waiting/Government Whip (Lord Wilson of Sedgefield) (Lab)
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Is the noble Lord going to push his amendment to a vote or withdraw it? We are at that stage now.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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We are at that stage, but I want the House to be aware that there is support from all quarters to ensure that this is passed. The Minister has said that she does not accept my offer of further discussions to see whether we can find a way forward before Third Reading. She has not accepted the suggestion from the noble Lord, Lord Deben. I am disappointed that the Front Bench of the Conservative Party does not appear to be listening to what Conservative Back-Benchers are saying. Since there is no opportunity to bring this back at another time, the time for decision is now. I wish to test the opinion of the House.

Planning and Infrastructure Bill

Lord Foster of Bath Excerpts
Earl of Clancarty Portrait The Earl of Clancarty (CB)
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My Lords, I have added my name to Amendment 110, tabled by the noble Baroness, Lady McIntosh of Pickering, on the agent of change principle. As the noble Baroness says, just one example of the effect of this amendment is that it would be of significant help to grass-roots music venues, which are such an important part of the music industry’s ecology. Bands and individual artists cut their teeth in such live music settings. The loss of those venues is then a loss not just to the local community—which is important in itself—but to the music industry as a whole.

Precisely because of their importance within the overall ecology, the Government should do everything possible to protect those venues, which is a major reason why the existing guidance should be turned into law. As the Music Venue Trust says, with almost every constituency housing a grass-roots music venue, this amendment would, unusually, have an impact on over 720 venues across England, in communities from small villages to big cities.

As UK Music points out, this has been inspired by similar protections in Australia. In cities such as Melbourne, it has helped to revitalise the night-time and cultural economies. When a similar Bill was introduced in Parliament in the UK in 2018, it had the backing of music stars such as Paul McCartney, Chrissie Hynde, Brian Eno, Feargal Sharkey and many others. In 2019, the agent of change principle was made statutory in Scotland. It remains a material consideration for the rest of the UK—better than nothing but not nearly as effective as it might be.

The Government are keen to build new housing, so there is immense practicality about this amendment as well as a moral right in the principle. It would pre-empt and avoid complaints and ill feeling, potential court proceedings and the loss of important cultural assets. As Caroline Dinenage pointed out in the other place earlier this year, such legislation is

“supported by the whole live music sector, from the operators of our smallest clubs, pubs and venues to the biggest arenas and stadiums. It will benefit the breadth of our cultural infrastructure, from our historic theatres to our pulsating nightclubs”.—[Official Report, Commons, 9/6/25; col. 710.]

Potentially, one can add sports venues—anywhere where sound is a significant aspect of the activity concerned. Any loss of these assets will have an effect on the local and wider economy, not to mention local pride in cultural facilities.

There is a strong argument that locally appropriate soundproofing should be a default concern for new builds in particular. Also, as the Music Venue Trust points out, full legislation would decrease red tape and speed up the planning process, meaning that housebuilding would be speeded up as well. The Music Venue Trust makes the important distinction about how the process operates in Scotland and England. In Scotland, because the agent of change principle is statutory, an objection submitted by the Music Venue Trust can refer directly to the national legislation alongside the impact of omitting the principle, so that as soon as the planning committee receives the objection, it can go straight back to the developer to ask them to change their plans. It is a relatively simple and speedy process. In England, because it is not statutory, there is a constant back and forth between the Music Venue Trust’s emergency response service and the local authority, with the same venue often appearing in their service multiple times for different applications. Sometimes the venue does not even appear in a noise impact assessment. All this contributes to a slower and fundamentally unsatisfactory process in England, leaving many applications awaiting decisions for far too long. These are significant concerns that making the agent of change principle statutory would address.

This is a very important amendment. Such legislation was a recommendation of the DCMS Select Committee’s 2024 special report on grass-roots music venues. The Government need to take this very seriously. I fully support it.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I apologise, as other parliamentary responsibilities mean that I have not been able to take part so far in this very important Bill. However, in view of my previous involvement in issues around live entertainment and particularly music venues, I was anxious to speak very briefly in support of the noble Baroness’s two amendments.

When I was in the other place in 2012, I had the honour of leading the arguments in favour of what became the Live Music Act, which had been sponsored in your Lordships’ House by my noble friend Lord Clement-Jones. The purpose of that Act was to reduce regulation on performers and on venues to ensure more opportunity for live music and the growth of live music venues within this country.

More recently, in 2017, I had the opportunity to serve on your Lordships’ committee—ably chaired by the noble Baroness, Lady McIntosh—which looked at the 2003 licensing legislation. During our deliberations, we discovered that, notwithstanding the aims of the Live Music Act, the number of live entertainment venues, and particularly music venues, was reducing. One potential cause was the protests made by residents and occupants of premises that had been built after the existing venues. That caused a great deal of problems; hence we came forward with the proposals to introduce the agent of change principle that has already been referred to.

Future Homes Standard

Lord Foster of Bath Excerpts
Wednesday 29th January 2025

(1 year, 2 months ago)

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Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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I understand the issue; in fact, I met the National Housing Federation just last week to discuss these issues. We want to drive forward the delivery of affordable housing, particularly social housing, and we recognise the costs that will make. We will be considering, once we have set the standard, what that cost might be and what further support we might offer.

Lord Kennedy of Southwark Portrait Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)
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Let us hear from the Lib Dem Benches first—then we will hear from the noble Lord.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, high energy efficiency in new homes is clearly vital, but so is improving the home energy efficiency of existing homes, particularly the 2.6 million substandard homes in the privately rented sector. While the promised consultation is welcome, what plans do the Government have to speed up the retrofit programme to meet the target for 2030? In particular, what plans do they have to improve the situation whereby we have very few people currently available to do the necessary work?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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There were two clear points there. One is about the training, apprenticeships and skills that we need to deliver in order to meet the retrofitting programme. We are working with colleagues in the Department for Education on that. We know there is a big challenge across the construction sector, first, to deliver 1.5 million new homes but also, secondly, in the retrofitting area. We are determined to meet that challenge and offer the new jobs that I spoke about earlier.

The noble Lord spoke about the private rented sector. Next week we will be introducing the renters’ rights Bill. There are significant new powers in that Bill for tenants to challenge their landlords when they feel that the improvements their homes need are not being dealt with as quickly as they should be. We continue to monitor that situation, because it is important that people can have homes that are fit for purpose and are warm, decent and comfortable.

Earl of Lytton Portrait The Earl of Lytton (CB)
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My Lords, I move Amendment 82C and will speak to Amendments 82D to 82M standing in my name. These draw on good practice in the management of multiunit developments in Australia, Europe and North America and seek to replicate best practice here. They are also designed to address some of the concerns raised in earlier debates, particularly in the context of the proposed change to the threshold for enfranchisement in mixed-use developments from 25% to 50%. I suggest that similar amendments to a future commonhold Bill would go some way to meeting concerns that have been expressed about the risks associated with a wholesale move to that tenure.

The amendments provide for the appointment of a building trustee. It is proposed that this should apply in the largest and most complex developments. Building trustees might also be appointed at the request of a recognised tenants association or by the courts. The building trustee will be an independent and impartial figure whose primary role of auditing performance would ensure that interest rights, responsibilities and performance of the landlord were properly balanced with those of leaseholders and, more importantly, that the building is properly maintained and the service charge provides value for money. I noted in our earlier discussions the Minister’s comments to me about value for money, but it is the benchmark used by the National Audit Office for local authority finance, I believe—I eyeball noble Lords who have experience in that line of business.

Amendment 82C sets out the buildings this would apply to, and Amendment 82D outlines the trustee duties—I will rattle through the amendments at some speed. Amendment 82E is about the appointment process of the building trustee. Amendment 82F sets out the trustee entitlement to documents and information.

There is, of course, the question of who pays for the building trustee. It would be unreasonable—particularly during a cost of living crisis—to burden leaseholders, especially as many of the buildings covered by Amendment 82C are already facing increased service charges owing to the new safety requirements under the Building Safety Act. Instead, Amendment 82G provides that the costs of building trustees would be covered by a levy on providers of commercial and residential mortgages and block landlords, excluding enfranchised building and tenant right-to-manage companies.

Amendment 82H sets out what would be the baseline value-for-money benchmark. This is necessary because there is a risk of inevitable bias in the management under the auspices of a party to the leasehold arrangements. This might be perfectly reasonable in terms of the person instructing the management, but still fall well short of the optimal.

One of the Bill’s key aims is to make it cheaper and easier for leaseholders to enfranchise. I welcome that. My amendments are designed to augment these plans by providing a light-touch oversight to ensure effective, efficient and economic management of a building. This backstop would require reassurance to lenders, leaseholders and other stakeholders that a freeholder-managed or resident-managed building will be properly looked after.

The reassurance offered by the building trustee is needed, as there is strong evidence that, monetising policies by a few freeholders apart, leaseholders themselves are often reluctant, unable or lack the skills to take on the responsibility and liabilities for the management of increasingly complex buildings, or to direct the professional managers adequately. Indeed, some complaints reaching my mailbox are about residents’ own management companies, and the Government’s own research found that leaseholders were concerned about issues of working with neighbours, lack of time and reluctance to take on additional responsibilities beyond those necessary as a home owner.

That touches on a point raised by the noble Lord, Lord Moylan, in a previous group, because although most leaseholders will appoint a managing agent to undertake the day-to-day running of a building, they themselves remain responsible for key decisions and setting priorities, such as service charge levels, authorising maintenance schedules and dealing with arrears. It can be difficult to get collective agreement on these issues, with resultant detriment to the management of the building fabric. According to data from the Scottish House Condition Survey, half of all housing is in what it describes as “critical disrepair”, and almost half demands “urgent attention”. The situation is most acute in tenements, so I appreciate that this probably relates to older buildings, but paying for common repairs or maintenance was the most frequent cause of disputes in these buildings.

By taking a whole-life view of the building, the building trustee can seek to avoid that Scottish experience by providing an independent assessment of maintenance needs and condition, and ensuring sufficient provision is put aside to maintain the building properly. Amendments 82I and 82J would require landlords to provide a 10-year plan of anticipated expenditure on capital works and building maintenance, and to establish a sinking fund to avoid leaseholders facing large, unanticipated bills. The plan and the fund would be subject to an independent audit and assessment by the building trustee to ensure that necessary works, and only necessary works, were planned for and adequately funded.

In an open letter to lenders on taking commonhold as a security, dated 21 July 2020, the Law Commission recognised that

“the value of a lender’s security is inherently linked to the management and maintenance of the building in which a flat is located. A failure to keep the building in repair, to insure it properly, or to keep sound finances all have significant potential to jeopardise the value of a lender’s security”.

The same is, of course, true for leasehold buildings. That is why I believe that professional landlords and lenders should cover the cost. It is the banks and the building societies whose capital is at risk. The building trustee should provide a cost-effective way of reassuring them that the flats they have lent on are being properly managed, and of maintaining the value of the security. The same is true of commercial lenders on mixed-use developments. I envisage that the Secretary of State would outsource the appointing of building trustees to an external body, as provided for in Amendment 82E.

Two significant further powers would be conferred on the building trustee through Amendments 82H and 82K. Amendment 82H would allow the building trustee to apply to the tribunal on behalf of leaseholders to seek refunds of expenditure that does not provide value for money. Amendment 82K would allow the building trustee to adjudicate in disputes between landlord and leaseholder, and between leaseholders. One of the main areas where I see this provision being used is service charge arrears. It is particularly important in leaseholder-managed blocks that do not have the wider financial resources of the major landlord groups that service charges are paid promptly. Failure to do so prevents a building being managed properly, and in extreme cases places all residents at unnecessary risk. If essential safety works could not be undertaken or building insurance obtained, that would create real problems.

Evidence from other parts of the world suggests that condominium statutes do not have sharp enough teeth to recoup outstanding contributions efficiently and effectively. In England and Wales, we currently fall between two extremes. I have sympathy with those noble Lords who argued in a previous debate that forfeiture, with the exorbitant windfall that it can offer landlords, is inherently unreasonable. Equally, I recognise the point the Minister made in previous discussions that civil debt recovery proceedings can be lengthy. The building trustee’s power to adjudicate offers a faster and less formal route of dispute resolution than the court, and supports the building’s cash flow.

Amendment 82L would provide for the building trustee to take over the management of a building if its landlord becomes insolvent. Historically, this has happened to very few landlords. However, the Committee will recall that I have previously raised concerns that not all landlord groups have the funds needed to meet the building safety remediation liabilities and could therefore become insolvent. The financial position of these groups may get significantly worse, depending on the Government’s decision on ground rents. Some of the country’s largest landlord groups—I refer to E&J Estates, which is landlord to around 40,000 homes, Long Harbour, which is landlord to around 193,000 homes, and Regis Group, which is landlord to around 30,000 homes—have significant borrowings that are due to be repaid from ground rent income over the next 40 to 60 years.

To the best of my knowledge, the Government’s final position is still unknown but, based on press comments on the Secretary of State’s own preference, it is reasonable to assume that the finances of landlord groups dependent on ground rent income to repay their borrowings will come under further, if not fatal, stress. This is not just my view; it is also that of the Government, whose own impact assessment states that

“there may be potential insolvencies/forfeiture and associated costs where the freeholder defaults on contractual obligations as a result of the cap”.

However, it does not seem that there has been further assessment of just exactly what this would mean in practice.

The collapse of a major landlord group would be without precedent and could cause tens of thousands of leaseholders in hundreds of buildings to be in serious trouble. In blocks subject to intermediate leases, it is likely that contracts covering everyday management and maintenance would be at risk because there would be no landlord to provide instructions. Conveyancing and lending transactions, which are already under stress, would be paused as there would be no one to process essential documents such as notices, deeds of covenant, landlord certificates and leaseholder deeds of certificate. The ability of the building trustee to assume the management of a building in such circumstances, and prevention of possible management contract termination, is an essential backstop that prevents leaseholders being left in limbo for months while they try to set up an alternative arrangement for managing their buildings and/or await the outcome of the administration or liquidation.

Finally, Amendment 82M would simply ensure that the building trustee has relevant qualifications for the task.

I hope your Lordships will see the merit in these arrangements, and that the Minister will be able to agree that measures such as this are a necessary complement to the Bill’s intentions. While I commend these amendments to the Committee, I simply say that I am not set on this particular structure, but the principle needs further examination to provide the point that I have constantly been on about—namely, consumer protection. On that basis, I beg to move.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I will speak to Amendment 95A. The Long Title of the Bill is very clear. It includes the phrase

“in connection with the remediation of building defects”.

Much of the debate has been on the management and funding of remediation and maintenance, but the early identification of defects is clearly really important in order to avoid some of the problems that can occur, as, tragically, we have seen, for instance, in the Grenfell Tower fire.

That fire was caused by a faulty electrical appliance, but there is also a large number of fires caused by faulty electrical installations. Indeed, the charity Electrical Safety First has calculated that there are around nine such fires every single day in England and Wales. On average, they cost about £32,500, but they have in many cases ruined lives, and on a few occasions have meant, tragically, that people have lost their lives. Quite clearly, it makes a great deal of sense to identify faults at the earliest possible opportunity.

Property Agents: Regulation

Lord Foster of Bath Excerpts
Thursday 18th April 2024

(2 years ago)

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Baroness Swinburne Portrait Baroness Swinburne (Con)
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I thank the noble Lord for his comments and for his work, which I have acknowledged. I am grateful also to noble Lords on the committee for their recent work on this important topic. Ministers are considering its recommendations and will respond in due course. Training programmes are currently available, and. I suspect that this question will come up time and again. In respect of the legislation that we are currently talking about, I have no doubt that I will be having those conversations with the Minister, my noble friend Lady Scott, in the coming days and weeks.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, given the clear, widespread support for the introduction of an independent property agents regulator, first proposed by the indefatigable noble Lord, Lord Best, some five years ago, can the Minister explain why, having had five years to think this through, it is not now possible, as she seems to suggest, for the Government to include it by way of an amendment to the Renters (Reform) Bill? That way, they would provide what more or less everybody in this House and outside it are keen to see.

Baroness Swinburne Portrait Baroness Swinburne (Con)
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I understand the frustration. I believe that all of us in this House and in our wider communities would like to see more professional-quality work being done in this sector and that we all want to drive up service standards for buyers, sellers and renters—whoever they may be—interacting with the system. It is important that we get it right; measures are coming up in the leasehold and freehold Bill and certainly in the private renters Bill, both of which will be before this House over the next few weeks. Therefore, there are opportunities for us to put forward specific measures that we felt were a priority in the leaseholder space and the private rental space.

Local Government Finances

Lord Foster of Bath Excerpts
Thursday 21st March 2024

(2 years ago)

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Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I too begin by congratulating my noble friend Lord Shipley on securing this debate and on his excellent introduction to it. I want to concentrate on just two issues: arts and culture cuts, and the unfairness in the allocation of funds between rural and urban areas.

In 2016, the chief executive of Arts Council England, Darren Henley, published a book, The Arts Dividend; Why Investment in Culture Pays. He argues in it that the dividends from investment in the arts and culture include encouraging creativity, helping educational attainment, improving health and well-being, supporting the creative industries, providing defining characteristics to villages, towns and cities, contributing to economic prosperity and enhancing our global reputation.

The noble Baroness, Lady Bull, and the noble Earl, Lord Clancarty, made similar points, and I understand that the noble Lord, Lord Freyberg, may well say something about this, too. Indeed, the noble Earl referred to a debate that he secured back in 2017 on local arts and cultural services, during which reference was made to a speech given earlier that year by the then new chairman of the Arts Council, Sir Nicholas Serota, who said:

“I need to voice long-term concerns around public investment, and especially the loss of local authority funding—which is now the most pressing issue, day to day, for many cultural organisations across the country”.


Seven years on, with further losses to local authority funding, the situation is dire. The extra £600 million this year does not begin to address the acute funding and service demand pressures on councils, which are now merely managing decline.

Our councils are the biggest funders of culture, spending around £1 billion in England on services such as libraries, museums, heritage and the arts. Most are discretionary, not statutory, but many councils are trying hard to protect them as they see the benefits to residents. However, with continued funding cuts, it is ever harder. Spending reductions in cultural and related services are now higher than for any other service area, and councils are warning that further cuts can be expected. As others have said, to avoid still deeper cuts, councils are selling off their assets at a rate of knots. One survey suggests that an average of 6,000 assets, from swimming pools to libraries, are being sold every year, which certainly does not bode well for the future.

A possible lifeline—the levelling-up funds for local councils—is simply not getting through. As the PAC announced last week, only 10% of levelling-up funds have been spent, due to delays in funds being received by councils. Can the Minister explain what is being done to speed up those payments? More importantly, does she accept that councils’ arts and cultural services are not a luxury but are integral to supporting communities, contributing to the economy and helping individuals live more fulfilling and healthy lives? If she does, can she tell us what plans the Government have to reduce their decline?

Some councils are better placed than others to sustain such services, so I turn to the issues impacting rural communities. In 2015, the then Defra Secretary, Liz Truss, claimed:

“This Government … is committed … to ensuring the interests of rural communities and businesses are accounted for within our policies and programmes”.


Four years after that claim, I chaired your Lordships’ special committee on the rural economy, which concluded that her commitment had not been met and rural areas were losing out. We demonstrated that, for many rural services—health, dentistry, public transport and policing, among others—government funding per head was lower for rural areas than for urban ones despite higher delivery costs. For policing, for example, the current funding formula means that, in Suffolk, where I live, we get a Home Office grant of £114 per resident, whereas Merseyside gets £217.

The committee also demonstrated that rural house prices and rents were higher despite lower wages’ that broadband and mobile connectivity were worse; and that government funding to rural local councils was lower, meaning higher council taxes for rural dwellers. The evidence was clear that rural areas were being unfairly treated, not least in the local government funding settlement.

Five years on, little has changed: all of these disparities remain. Of course, there have been some welcome initiatives—Delivering Rural Opportunity, published only on Monday, lists some of the Government’s favourites —but, despite such welcome initiatives, huge disparities remain between rural and urban areas. In times of reducing public expenditure, it is ever more important to distribute available resources fairly.

Michael Gove, in the final local government finance settlement update, appeared to suggest that he had cracked it. He said that,

“in response to the consultation feedback and in recognition of the specific challenges and difficulties local councils can face serving rural, sparse populations, we are increasing the Rural Services Delivery Grant by £15 million in 2024-25”.—[Official Report, Commons, 5/2/24; col. 6WS.]

Of course, any increase is welcome, but, as the Rural Services Network has pointed out, the extra money will go to only a limited number of rural councils—only the top quartile—based on a “super sparsity” measure. Very many will get no extra funding.

Even with this small amount of extra cash for a few councils, huge rural/urban disparities will remain. The RSN analysis for 2024-25 shows just how stark it will be. Urban local authorities will receive some 36%—£141—more in government-funded spending power per head compared to rural authorities. Rural residents will pay, on average, 20%—£112—more per head in council tax than their urban counterparts because rural councils are still getting less government grant. This simply is not fair. Rural communities continue to be disadvantaged and their residents left behind at a time when the aim is supposed to be levelling up across the country.

Ten years ago, the Government seemed to acknowledge the need to do something about this and changed the funding formula to make it fairer. But, in effect, they then did not use it. They added and froze in place a “damping process”. As a result, there are councils in London receiving millions of pounds more than the Government’s own formula says they should and rural councils getting far less than they should. Of course, I want to see the size of the pot increased, but, whatever its size, it should be allocated fairly. Does the Minister accept that it is not being, that rural communities are losing out and that the damping process should be phased out? All councils are getting a poor deal from this Government, and rural councils are getting the worst deal of all.

Levelling-up and Regeneration Bill

Lord Foster of Bath Excerpts
This is a very important amendment, because it defines geographical indicators that would help us to know whether levelling up across all departments in Whitehall is a success. I look forward to hearing the Minister’s reply. The issue is clearly complicated a bit by what the noble Lord, Lord Lansley, said earlier, but I was not convinced by the Minister’s reply when we discussed this in Committee and I should give notice that I am minded at this stage to test the opinion of the House.
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I support the other amendments in this group, but I am particularly grateful to my noble friend Lord Shipley for pointing out that the “geographical disparities” referred to in his amendment will cover disparities between urban and rural areas. It is those disparities that have led me to table the two amendments in my name—Amendments 10 and 303—and I am very grateful to the noble Lord, Lord Carrington, for his support.

Only yesterday, the Rural Coalition produced a document urging all political parties to do more to help rural areas. The document, A Better Future for Rural England, called for a sea-change in the way rural areas are perceived and treated. It argues that achieving the economic and social growth envisaged

“will only prove possible if there is a sustained implementation effort led by central Government and made across Whitehall departments. Much of that effort will need to focus upon addressing the structural inequalities, fragile infrastructure and economic weaknesses which characterise and hold back rural areas”.

Sadly, calls to give rural areas a better deal are not new. For example, in 2015 the noble Lord, Lord Cameron of Dillington, was commissioned by the Government to review the way in which the development of government policies took account of rural communities. Responding to his recommendations, the then Secretary of State, Liz Truss, said:

“This Government is committed to ensuring the interests of rural communities and businesses are accounted for within our policies and programmes”.


Subsequently, the Government produced a booklet called Rural Proofing: Practical Guidance to Consider Impacts of Policies on Rural Areas. It was updated recently and part of the update states:

“It is important that government policies consider how they can be delivered in rural areas”.


The booklet explains:

“This document helps policy makers and analysts in government to consider how to achieve the outcomes they want from their policies in rural areas. This is called rural proofing”.


In 2019, I chaired one of your Lordships’ Select Committees on the rural economy. One of our key recommendations was that rural proofing should be beefed up even further. The Government actually said they were going to do that and then said that they were going to produce a report about how they were doing it every two years. On the basis of all that, one would expect that by now rural areas would be faring at least as well as urban areas or at least were well on the way.

Sadly, the reality is incredibly different. There is a huge disparity in the cost of living between urban and rural areas. In rural areas, house prices are higher but wages are lower. Council taxes are higher, but government support for their councils is lower. Funding per head on many services, from healthcare to public transport, is lower but it costs more to provide those services. From broadband coverage to banking, rural areas lag way behind urban ones.

Only today, many noble Lords will have received a briefing from the NFU on rural crime, which states:

“The NFU recognise that crime is crime wherever it takes place. However, rural crime is very different from urban crime. The scale, cost, social impact, and other effects of crime in rural areas are underestimated, under-reported and not fully understood”.


The briefing noted, for example, that the current funding formula means that in the area where I live, Suffolk, we get £114 per resident from the Home Office grant, whereas if you go to Merseyside, you get £217. So the Rural Services Network, using government metrics, concluded that if all rural areas were brought together and treated as a single region, their need for levelling up would be greater than for any other region. But to make matters worse, Defra has produced its rural proofing report. Indeed, its most recent one, the 2022 report, amazingly and despite its title provides no evidence whatever of rural proofing procedures outlined in the guidance being followed. The Rural Services Network concluded:

“Nowhere … is anything evidenced anywhere to show if these processes were followed”.


During our deliberations, I asked on two separate occasions whether a Minister could tell me whether those rural proofing processes were carried out in relation to the Levelling-up and Regeneration Bill. I have had no response. Now, in fairness, various Ministers have attempted to allay my fears. For instance, when I last raised it, the noble Baroness, Lady Bloomfield, responded with three examples of very good things that the Government have done. First, she was very proud to boast of the £110 million rural England prosperity fund, failing to point out that that is simply a continuation of the previous scheme, the EU structural investment programme fund. So there is no extra money there.

Then we had the great example of the extended subsidy scheme for buses—£250 million, of which £20 million is going to the whole of rural England, whereas £20 million will be given for bus priority measures in just the West Midlands, and £50 million for the first all-electric bus town. But the ultimate example that I was given was that I should be really pleased that the Government had given some rural energy support—extra funding for rural areas. But when you analyse it, what is that? That is for the nearly 1 million people who are off the gas and electricity grid, who predominantly live in rural areas. And what happened? They got the extra money ages after the previous scheme had been introduced. They had to wait for a lifetime for it. Surely that is real evidence of rural proofing not having taken place.

So I hope I might get an answer to the question today of how the Bill has been rurally proofed. If not, we can fall back on the two amendments that I have put down. Amendment 303 simply requires that that answer be provided before the Act is implemented. Amendment 10 deals with mission statements and seeks to embed rural proofing in them, requiring

“a rural proofing report detailing the ways in which the levelling-up missions have regard to their impact on rural areas and will address the needs of rural communities”.

That is a pretty simple request, given that it is meant to be government policy anyway.

I believe it makes sense to take the steps outlined in these amendments, to make meaningful rural proofing a fundamental part of all levelling-up policy development, delivery and outcomes monitoring. Ideally, I would like to go even further, as they have already done in Northern Ireland, where rural proofing is on a much stronger legal footing. But that is perhaps for another day.

I hope we will not have to take these two amendments to a vote, because I hope we are going to get an answer to the question that I am now asking for the third time.

Lord Carrington Portrait Lord Carrington (CB)
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My Lords, I declare my rural interests as set out in the register. It gives me great pleasure to support the noble Lord, Lord Foster of Bath, on Amendment 10, as well as consequential Amendment 303. As he has said, he has been deeply involved in promoting rural issues for many years. Although progress has been made, in particular with the recent publication of the report Unleashing Rural Opportunity, there is a long way to go to address the disparity in productivity between urban and rural areas, which can differ by as much as 18%. We need to take into account issues such as housing, connectivity, transport and energy costs and it seems clear that, economically and socially, there is much more to be done.

The noble Lord, Lord Foster, mentioned many of the reports that have been written and the actions that have followed. I add two reports from the All-Party Parliamentary Group for Rural Business and the Rural Powerhouse, on which I sit. One was an inquiry into rural productivity and the rural premium, which explored the impact of the cost of living crisis in rural areas, the other an inquiry into rural productivity. Many organisations whose remit involves rural affairs contributed to these reports, including the CPRE, the CLA, the NFU, the Rural Services Network, the Federation of Small Businesses, Citizens Advice’s Rural Issues Group and many more.

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Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, I am not aware that the advisory council is publishing papers, because it is advisory to the Government. I will make further inquiries and come back to the noble Lord and others in the Chamber.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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To save the House time later, I remind the Minister that rural-proofing is not about giving a list of good things you have done in rural areas. To quote the Government’s own document:

“Rural proofing aims to understand the intended outcomes of government policy intervention in a rural context and to ensure fair and equitable policy outcomes for rural areas”.


If the Minister is correct that this legislation has been rural-proofed, will she commit to publishing the specific report for this Bill, which would achieve what my two amendments are seeking to do?

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, a number of proofings have been done on the Bill. I will ask for those and make sure that they are brought forward. It is not about giving money; it is about knowing where money is required in rural areas to make life better for people, as well as making sure that policies are rural-proofed. If we find out through that rural-proofing that some policies are not delivering as well as they could for rural areas, we have to do something about it, and that is what the Government are doing.

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Moved by
10: After Clause 1, insert the following new Clause—
“Rural proofing reportAlongside the first statement of levelling-up missions required by section 1, the Secretary of State must publish a rural proofing report detailing the ways in which the levelling-up missions have regard to their impact on rural areas and will address the needs of rural communities.”
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I am enormously grateful to the Minister for promising to go and look for evidence that rural proofing of this Bill has taken place. But in the event that she is unable to find it or, more likely, that the reports are not deemed satisfactory, it seems better to embed the rural proofing process in the legislation itself, so I would like to test the opinion of the House.