(3 years, 5 months ago)
Lords ChamberThat an humble Address be presented to Her Majesty as follows:
“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.
My Lords, on behalf of your Lordships’ House, I thank Her Majesty for her gracious Speech. I am greatly honoured to be called on to open today’s debate on the Motion for an humble Address. I am delighted to be joined by my noble friend Lord Goldsmith, who will deliver what I am sure will be an excellent summing-up. Given the wealth of experience represented on all sides of the House, both my noble friend and I look forward to a spirited and well-informed debate.
Today, I will outline the Government’s plans regarding communities, welfare, transport and the environment, which are at the heart of our agenda as we bounce back and build back from the pandemic. The Government’s response to the coronavirus pandemic was focused on two things: protecting lives and protecting livelihoods. To protect lives, we have secured access to more than 400 million vaccine doses and established the largest testing infrastructure in Europe. The vaccine is now available to everyone over 38 years old. To protect livelihoods, the Government have provided an unprecedented level of financial support for businesses and individuals, protecting more than 9 million jobs with the furlough scheme, while helping millions of businesses to stay afloat. Today, we embark on the next phase of cautiously easing national lockdown restrictions, including overnight stays between households and the reopening of hotels, pubs and restaurants indoors.
Building back better from the pandemic means delivering decent, safe and well-designed homes for everyone in our country. That is why the gracious Speech includes a planning reform Bill. It will simplify and modernise the system, embracing digital tools to allow people to visualise and engage with local plans. It will provide a quicker, simpler planning process, speeding up the delivery of the homes that the country needs. It will give a new focus to environmental protections, streamlining environmental impact assessments. It will ask every local area to produce its own design code to reflect its unique identity. It will ensure that developers pay for their fair share of affordable housing and infrastructure, which is why we are exploring a simpler, faster and more transparent infrastructure levy.
We must also take measures to ensure that those homes are a safe and secure environment to live in. I have been horrified by the testimony at the Grenfell inquiry, which highlighted where corners were cut and lives unnecessarily put at risk. That is why the landmark building safety Bill will bring about once-in-a-generation improvements to building safety in this country. The House may recall my remarks to the construction sector last year, when I said that that my goal as building safety Minister was to make it raise its game and thus put myself out of a job. Those noble Lords who wish to see that day come to pass may wish to consider supporting this legislation. The Bill will establish the new building safety regulator, with clear duties and responsibilities for building owners and managers. It will improve accountability and responsibility, ensuring that residents are able to raise concerns and that building owners are held to account.
Our commitment to fairness in the housing market includes securing a fairer deal for future leaseholders. For too many, the dream of home ownership has been soured by leases imposing crippling ground rents, additional fees and onerous conditions. People’s homes should be theirs to live in and enjoy, not an income stream for third-party investors. That is why the Leasehold Reform (Ground Rent) Bill will put an end to ground rents for new leasehold properties, as part of the most significant changes to property law in a generation.
Last Thursday, we launched the Commonhold Council, an advisory panel of leasehold groups and industry experts which I will chair, to inform the Government on the future of commonhold ownership. This follows recommendations made by the Law Commission to simplify and expand the commonhold system. It will pave the way for millions of homeowners in England to take greater control over their homes, with a greater say on their buildings’ management, shared facilities and related costs. Together, these reforms put us on a journey to give more security to millions of existing leaseholders across England, making home ownership fairer, simpler and cheaper.
The Government also want to deliver a better rental sector that works for tenants and landlords. We will bring forward a White Paper in the autumn detailing our broad package of reforms. This will include more detail on how we will reform tenancy law to abolish Section 21 no-fault evictions; measures to improve security for tenants in the private rented sector, empowering them to hold their landlord to account; and measures to strengthen the repossession grounds for landlords when it is fair and reasonable to do so. We will also outline proposals for a new lifetime deposit model, easing the burden on tenants when moving, and continue to deliver on the social housing White Paper proposals, including implementing the charter for social housing residents, and to legislate on social housing regulations as soon as practicable.
As we look towards our future, we know that people are worried—for themselves, for the people they love and for their communities. We have always been honest that we will not be able to protect every job and every business. Nevertheless, this Government have done everything we can to protect our communities through this difficult period. We provided over £7 billion of extra support through our welfare system in 2020-21. We increased local housing allowance rates for universal credit and housing benefit claimants, so that they covered the lowest 30% of local rents, and we will sustain this cash increase this year. We introduced the Covid Winter Grant Scheme, now the Covid local support grant, with almost £270 million to support vulnerable households with the costs of food and other essentials. In 2021-22, we are extending the temporary uplift to the universal credit standard allowance for a further six months, giving working tax credit claimants an equivalent one-off payment of £500, and we have maintained our commitment to older people through a generous basic state pension, now worth over £2,050 more in cash terms than in 2010, thanks to the triple lock.
The Government’s commitment to building back better after the pandemic also means building back greener, and 2021 will be a landmark year for environmental policy. In November, the UK will be hosting the UN Climate Change Conference in Glasgow. With that global leadership position, alongside our new-found independence from EU environmental laws, now is the moment to put a spotlight on this critical work.
The Environment Bill we are bringing forward is a pivotal part of delivering the Government’s manifesto commitment to create the most ambitious environmental programme of any country on Earth. We will legislate to set long-term, legally binding targets to drive environmental improvements such as in air quality, resource efficiency and waste reduction. A new independent office for environmental protection will provide scrutiny and advice, investigate complaints and take legal action where necessary. The Environment Bill will also give new powers to local authorities to tackle air pollution in their areas and make it illegal for large UK companies to use key agricultural commodities cultivated on illegally deforested land.
Twenty twenty-one will also be a monumental year for animal rights, with our recently published Action Plan for Animal Welfare. The plan will set out our intention to recognise animals as sentient beings through the Animal Welfare (Sentience) Bill. We will strengthen existing enforcement against animal abuse and ban the import and export of endangered animal hunting trophies. We will make further improvements to farm animal welfare in transport and slaughter, and support farmers in sustainable food production. We will also take action to prohibit the unsuitable keeping of primates as pets, raise standards in zoos and conserve animals in the wild. Shortly, we will bring forward a kept animals Bill to tackle puppy smuggling and ban the keeping of primates as pets. Later in the Session, we will bring forward an animals abroad Bill to tackle issues outside the United Kingdom.
Improving our transport infrastructure is a key part of our agenda to ensure that everyone has the opportunity to succeed. The Government intend our railways to be the backbone of a modern, affordable and green transport network. We will publish a White Paper with proposals to transform the railways and deliver for passengers, ending the complicated franchising model and creating a simpler, more effective system. We also intend to deliver better bus services for England through our national bus strategy, with more frequent, cheaper and reliable services, integrated services and ticketing, and 4,000 new zero-emission buses.
I believe that Her Majesty’s gracious Speech affirms this Government’s commitments to build back a better future for our country, levelling up opportunities across the United Kingdom; to make every part of our country a great place to live and to start a family, own a home and start a business; and to ensure that no community and no person is left without hope or opportunity. These are ambitions I am sure every part of this House shares. Over the course of today’s debate, my noble friend Lord Goldsmith and I look forward to hearing your Lordships’ valuable insights on the measures I have outlined, especially of course in the maiden speeches of the noble Lords, Lord Coaker and Lord Morse.
(3 years, 6 months ago)
Lords ChamberTo ask Her Majesty’s Government, further to a fire at a tower block in Poplar, London which left two people hospitalised and others injured, what plans they have to remove flammable cladding and ensure buildings are fire safe.
I would like to express my deepest sympathies to the residents affected by the fire at New Providence Wharf and pay tribute to the swift response by the London Fire Brigade. We are providing an unprecedented £5.1 billion to fund the remediation of unsafe cladding, with expert support for those who need it. New Providence Wharf itself has received £8 million.
My Lords, I draw the attention of the House to my relevant interests as set out in the register.
I join the Minister in expressing my sympathy to the victims of the fire and expressing my thanks to the London Fire Brigade. The fire in the tower block in Poplar is another devastating reminder of the dangerous, stressful, worrying and wholly unacceptable situation that thousands of people find themselves in today. Leaseholders and tenants are the innocent victims in a scandal that the Prime Minister promised they would not be picking up the bill for. So why are the Prime Minister’s words and promises to the victims so far removed from the reality and actions of the Government? When does the Minister expect the Government to start delivering on the repeated pledges and promises that the Prime Minister has made?
My Lords, I start by pointing out that on 95% of the buildings that were identified at the start of last year as having the same cladding as Grenfell Tower either the cladding has been removed or work has started to remove it. We have made great progress in the past year, with some 159 starts on site. The building safety fund is open and continues to approve a number of works that will ensure that other forms of unsafe cladding are removed.
[Inaudible]—the management companies for their blocks are refusing to sign up to a grant from the building safety fund unless leaseholders also sign an agreement that commits them to pay for all other remediation works. As a consequence, essential and urgent fire safety work is not being done. Leaseholders cannot commit to pay when they have no means to do so. How do the Government intend to break this impasse in the interests of fire safety?
My Lords, we have to be clear that the agreement is with the building owner and not with individual leaseholders. No leaseholder will be required to fund additional works as a condition of government funding for cladding remediation. Of course, where building owners voluntarily decide to carry out works at the same time, we need assurances from them that this can be covered.
My Lords, had there been any engagement with Ballymore at official or ministerial level regarding the remediation of the ACM cladding prior to the fire at New Providence Wharf, given the vital importance of interaction between government and the housing sector on the urgent measures which require funding and implementation?
My Lords, my department has been engaged with Ballymore for more than two years to progress the work to remediate unsafe cladding. We are also paying for expert construction advice for this particular site, which has been available since July 2020. Earlier this year and prior to the fire, I had two ministerially led meetings with the senior leadership of Ballymore and other members of London government to try to get the work started. Sadly, it only started this Monday.
My Lords, I declare my interest as a lessee of a top-floor flat in a four-storey block. In February, the Prime Minister said that
“no leaseholder should have to pay for the unaffordable costs of fixing safety defects that they did not cause and are no fault of their own”.—[Official Report, Commons, 3/2/21; col. 945.]
The Government have undertaken to indemnify those who live in blocks over 18 metres tall, but this leaves leaseholders who live in smaller blocks out in the cold. The Government have offered loans to help them meet the cost, but they are no more at fault than those who lease flats in taller buildings and should not have to pay either. Many cannot afford to pay the interest, which merely saddles them with extra debt. What do the Government intend to do to help them?
My Lords, I have mentioned the unprecedented level of funding that has been put forward towards the remediation of cladding, but the risks inherent in a medium-rise building are far lower than in high-rise buildings, some of which go well over 30 metres—the higher the building, the greater the risk. However, it is a significant commitment to ensure that leaseholders in these medium-rise buildings do not have to pay more than £50 per month to enable the remediation of unsafe cladding.
My Lords, the Government have said that it is not right for the taxpayer to bail out leaseholders, but taxpayers’ money through the building safety fund could be bailing out developers for building substandard developments. What plan do the Government have to investigate whether developments met fire safety regulations at the time of construction and, in those cases where regulations were not met, to apportion remedial liability to the developers, so that those responsible actually pay?
My Lords, we made it a condition of accessing any form of government funding that building owners should go through all the routes of redress, in terms of looking at warranties and taking on areas where there has been poor construction practice, to ensure that remediation costs are not passed on to leaseholders.
The Minister’s replies are entirely unsatisfactory. It is now nearly four years since 72 people died on the altar of private profit. Since then, there have been three further instances —in Barking, in Bolton and now this one in Poplar. It is not just a matter of cladding over 18 metres; it is much more than that. When will the Government fully fund all the measures necessary to make these buildings safe before more lives are lost?
My Lords, I note the point that has been made, but it is interesting to note that, four years after Grenfell, two authorities are still discovering the existence potentially of additional buildings with aluminium composite material. Those audits are being conducted by Sheffield, which is looking at nine buildings, and Tower Hamlets, which is looking at a further six. The discovery of ACM-cladded high-rises four years after Grenfell is also a matter that is, frankly, beyond the Government’s control.
The Minister says that it is beyond the Government’s control, but, of course, safety is a matter for building regulations set by government and inspected by building regulators. It is not the fault or responsibility of leaseholders. It is a great mistake to assume that because one fire was caused by cladding there are not other issues that need remediation. Why are the Government refusing support for those where the inspections now taking place show that the cavity blocks behind the insulation are the problem and not the insulation itself? So the same system is in place but with a different fault—yet it is a fault none the less and they are being refused support.
My Lords, it is very clear from our independent expert advice that the greatest risk in terms of fire safety is the cladding system that accelerates the spread of fire. It is clear that there are other defects, such as internal compartmentation, that are designed to stop the spread of fire, so our focus is to remove the riskiest element to ensure that we protect people’s lives.
My Lords, given that the original developer still owns and manages the building, what steps are being taken to ensure that the leaseholders are not being saddled with historic building safety remediation costs that are no fault of their own?
My noble friend is right: we want to protect leaseholders and we are funding £8 million. Our understanding is that the total remediation bill is some £12 million, and we have been pressing Ballymore to stump up the rest of the cash. When I initially met the company, it pledged £500,000, and it has increased that this weekend to £1.5 million. Frankly, it should not be passing on any costs to leaseholders.
Will the Government explain why the principle of responsibility that applies to cars, domestic appliances and so on, which may be dangerous and even kill people, whereby companies are required to recall and remediate whatever the equipment is, does not seem to apply to the construction industry?
My Lords, I have to say that on taking over this ministerial brief I was shocked by the weakness of the redress available to people who put all their life savings into a building. That is something that we want to improve through the building safety Bill; we need to improve the ability to get redress for people who buy these properties then discover these defects.
I am not sure that the Minister takes the urgency of the problem to heart. I have talked to people who are absolutely desperate, who have told me that in their blocks there are people who are virtually suicidal because they cannot afford to pay the cost of remediation and cannot afford to sell, because their property is unsaleable. We have a major crisis on our hands. Surely we need much more urgent action than the Minister is saying that the Government are taking.
My Lords, I meet the cladding groups regularly, and I understand the need for urgency, which is why we are moving very quickly to ensure that we dispense the first £1 billion of the building safety fund and why we have pledged a further £3.5 billion. We understand the need to get moving.
My Lords, I live very close to Grenfell, and I shall never forget that terrible night and the following day. It is worth our pausing for one moment to pay tribute to the many people there who were affected. In the spirit of that statement, does the Minister feel, or have the Government made an assessment of whether, there are buildings where safety procedures are being held up because of this problem with leaseholders?
My Lords, all I can say is that we are making great progress in dispensing our funding. We continue to recognise the urgency of removing the unsafe cladding, and we have made a commitment whereby costs will not be a factor in removing it from high-rises.
My Lords, does the Minister agree that it is the basic duty of government to protect its citizens from harm? That includes having building and other regulations and having the necessary means of enforcing them to deliver this; these are all within the Government’s control. This debate on blame will go on for years, but now it is surely time for the Government to commit to funding all the works to replace all substandard and non-compliant materials, and ensure that the owners, tenants and leaseholders are not asked to contribute.
My Lords, we recognise the duty of government to do something about the regulatory system failure that we saw, but also the very poor practices that we have seen from construction companies, through the Grenfell inquiry. That is why we are bringing forward the building safety Bill to bring about a revolution in how we regulate high-risk buildings and establishing the building safety regulator in statute. We have made very clear our commitment, by putting forward an unprecedented sum to ensure that remediation of unsafe cladding can be carried out.
The noble Lord, Lord Kennedy, mentioned the fact that the Prime Minister has not honoured his promise so far on this issue. Is there anybody in government or in the wider Conservative Party who can either make the Prime Minister honour his promises or stop him making any further false promises?
I simply do not accept that personal attack on the Prime Minister. This is a Prime Minister who has committed an unprecedented sum of money. Let us remember that, when I took office, only £600 million had been committed to the remediation of unsafe cladding. In the first Budget in his time as Prime Minister, £1 billion was committed—and now a further £3.5 billion. This is a Prime Minister committed to ensuring that the tragedy of Grenfell Tower never happens again.
My Lords, all supplementary questions have been asked. We now come to a number of First Readings.
(3 years, 6 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, I want to say that I am so proud to be able to ask a Question on your last day, Lord Speaker. You have been an exceptional Lord Speaker; thank you so much.
The Government are committed to promoting fairness and transparency for homeowners and ensuring that leaseholders are protected from abuse and poor service. Following Law Commission reports on enfranchisement, right to manage and commonhold, the Government are taking forward a comprehensive programme of reform to end unfair practices in the leasehold market. We are also considering the recommendation from the independent working group on property agents, chaired by the noble Lord, Lord Best.
My Lords, I refer the House to my relevant interests as set out in the register. Does the noble Lord accept that, in many cases, leaseholders are trapped, paying expensive fees to management companies for the care and upkeep of communal areas or the property that they live in, and that the provisions that enable fees to be challenged and management companies to be replaced are not fit for purpose and need to be radically updated to place real control and choice in the hands of the leaseholders?
My Lords, we believe very strongly that any fees and charges should be justifiable, transparent and communicated effectively and that there should be a clear route to challenge or address things if they go wrong. That is why we commissioned the noble Lord, Lord Best, to do his report.
My Lords, on 5 January, when I described leaseholders as
“a relic from a feudal age”,
my noble friend replied:
“There is no doubt that in this country we are unique in having leasehold. We need to focus on reform, which will take this forward to a position similar to that in Scotland or on the continent, where people are co-owners of their property.”—[Official Report, 5/1/21; col. 9.]
Is legislation on its way so that everyone can benefit from my noble friend’s ambition?
My Lords, my noble friend knows that the Government wish to extend the benefits of freehold ownership to more homeowners; that is why we are establishing a commonhold council to prepare homeowners and the market for the widespread take-up of commonhold. We share that same drive and ambition to change things.
My Lords, too many property managers and owners have taken advantage of tenants by imposing unreasonable service charges, and often trading with linked companies, so I appreciate the Government’s commitment to finding a clear route to challenge for leaseholders. But what about people who live in sheltered housing—the vulnerable people who really are not able to look after themselves when confronted with an unreasonable agent making outrageous demands?
My Lords, the Government are considering under what circumstances fees and charges for leaseholders and for people in sheltered housing are justified and whether they should be capped or banned. That will form part of our response to the review by the noble Lord, Lord Best.
My Lords, can the Minister give the House any indication of progress on the leasehold reform issue? The recent White Paper was welcomed by many people, including my friends on the Isles of Scilly who feel that they are very badly treated. How many of the recommendations in that White Paper might appear in legislation soon?
My Lords, we are starting off with a two-step approach to reform. A ground rents Bill will be announced in the Queen’s Speech. It will take approximately a year to prepare the wider reform proposals around enfranchisement, right to manage and other matters covered by the Law Commission.
Last night, the Government refused yet again to amend the Fire Safety Bill to protect leaseholders from charges levied for the replacement of defective fire-resistant cladding. I repeat my noble friend Lady Pinnock’s concluding question:
“if it is not the right Bill, where is the Government’s Bill … that will keep the Government’s pledge that leaseholders would not have to face the unaffordable consequences of fire safety defects?”—[Official Report, 28/4/21; col. 2371.]
That seems already to be a broken promise. How will the Government now stop bankruptcy proceedings and loss of homes?
My Lords, the Government have already put an unprecedented sum of money—over £5 billion—on the table to support the remediation of unsafe cladding. We made it very clear that the steps that we are taking can be covered without statutory intervention.
My Lords, I declare my interests as in the register. If a company knowingly supplies substandard goods and dozens of people die because of it, but the company walks away with billions of pounds of profit without renovating or replacing all the other substandard products that they have already put in place, is that just good business practice?
My Lords, is there evidence that property management companies are more effective than leaseholders in managing the upkeep of communal areas? Does there need to be the same redress route if the freeholder also acts as the property manager? Can the Minister advise whether the Government intend to bring forward legislation to extend the requirement of membership of redress schemes to freeholders where no managing agent is employed?
My noble friend will know that there are various reasons leaseholders may exercise the right to manage, and the Government are committed to simplifying the process. I point out that many right-to-manage companies choose to employ a managing agent. In response to his second point, the Government intend to require freeholders of leasehold properties who do not employ a managing agent to join a redress scheme, and we will bring forward legislation when parliamentary time allows.
My Lords, I declare my interest as listed in the register. Is the Minister aware that, in order to get the necessary certification for electricity, gas or water, for example, landlords are required to get services tested? I have heard many examples of deficiencies being exaggerated, and then quotes being given to remedy the situation that are vastly disproportionate—engineers have proved this later. I worry that many innocent people may not realise this is happening.
My Lords, I am aware that there are sharp practices across the board. But, by law, service charges and other charges have to be reasonable, and costs have to relate to the work or services undertaken, which need to be of a reasonable standard. We will take the noble Lord’s point and advice to see how we can address that issue.
My Lords, the housing complaints resolution service was proudly announced in January 2019 as a portal system to overcome what James Brokenshire, the then Minister for Housing, Communities and Local Government, called the “complicated and bureaucratic system” we have currently. Could the Minister update us on progress? Will this new body have new powers to enforce decisions in court by statute, or will it be a crocodile with rubber teeth?
My Lords, this is clearly a wide-ranging question that raises all kinds of issues. I will have to write to the noble Baroness on the progress of that matter.
My Lords, I declare my interests as set out in the register. Given the growth in short-term lets since the changes in legislation in 2015, most of which are beyond the permitted 90 days per year, could the Minister look at whether landlords and management companies can be given the power to charge more to those letting short-term in order to reflect the additional usage of communal areas, given the high turnover of their short-term let properties, which is otherwise unfairly borne by long-term block residents who do not get any of the benefits from the higher rent?
My Lords, I am not sure that you can charge differentially because of the extent of a letting period. I know managing agents will seek to maximise their percentage within the market structure, but the law means that you have to justify what you charge.
Local authorities have had a tendency to sell off their least desirable, most dilapidated small blocks of flats to private individuals, who then get managing agents and leave tenants in the worst poverty and the worst conditions. Does the Minister have a solution to the conundrum of how impossible it is to ever get those communal areas repaired?
My Lords, we recognise the importance of having an overarching system of regulation and having it reviewed, which is why the noble Lord, Lord Best, is looking at that matter. There is also the Cambridge University review, looking at specific fees and charges, to which the Government will respond, taking into account the very scenario that the noble Lord paints.
As I have finished on time—I know that that is important to the Lord Speaker—I just want to say to him, what an amazing Lord Speaker you have been. In my first year in the House, I have really enjoyed your astute chairmanship.
That is very kind of you; thank you. All supplementary questions have been asked—congratulations to all concerned. We now move to the next Oral Question.
(3 years, 6 months ago)
Lords ChamberThat this House do not insist on its Amendment 4L, to which the Commons have disagreed for their Reason 4M.
My Lords, I express my thanks once again to everyone for their contributions to this important debate. The other place has now consistently voted against four different amendments on the issue of remediation. It is a vital issue but it is not for this Bill. This House has a choice about whether to prioritise finalising this important Bill or to delay it to the point where it falls.
The Government’s position on the Fire Safety Bill has not changed. I will repeat our key points. We are all in agreement about the importance of getting the Fire Safety Bill on the statute book. Residents have a right to be safe and feel safe in their homes. As I have said repeatedly, without this Bill the legal ambiguity around the fire safety order will continue.
Let me be clear about what is at stake if we do not resolve this: responsible persons for multi-occupied residential buildings will be able to continue to argue that it is lawful to ignore the fire safety risk of the structure, external walls and flat entrance doors; and fire and rescue services will lack the legal certainty to support enforcement decisions taken to keep people safe.
Failure to get this Bill to the statute book will lead to a delay in delivering the Grenfell recommendations. This is not a political point. This Bill must come first as it provides the legal certainty that I have just referred to. That certainty will enable the Secretary of State to make regulations with reduced risk of challenge to place duties on responsible persons in relation to the external wall structure and flat entrance doors, as the inquiry recommended.
It might help the House if I provided an example. The inquiry recommended a frequency of checks on fire safety doors, including flat entrance doors and communal fire doors. That cannot be done easily and in a way that is relatively free from legal risk if we have not identified that flat entrance doors are within the scope of the fire safety order. Equally, enforcing authorities would not be able to take appropriate action in this regard.
I thank your Lordships for recognising the substantial government support—to the tune of £5.1 billion—for leaseholders for remediation of unsafe cladding. Our five-point plan to bring an end to this cladding crisis helps provide certainty to the housing market. Noble Lords yesterday raised some points about uncertainty in the housing market and about the concerns of lenders and insurers. Our five-point plan addresses these.
More needs to be done to ensure that those responsible for fire safety defects should contribute to paying the costs of remediation. Industry must play its part and pay its way, and through our high-rise levy and developer tax we will make sure that developers with the broadest shoulders pay their contribution.
I agree that leaseholders need stronger avenues for redress and I made that clear yesterday. The building safety Bill will bring forward measures to do this, including making directors as well as companies liable for prosecution. We are bringing about the biggest changes in a generation to the system through the building safety Bill.
Finally, I reiterate the comments I made yesterday about forfeiture. It is a draconian measure that should be used only as a last resort. This measure should be considered as part of our wider programme on leasehold reform. I beg to move.
Motion A1 (as an amendment to Motion A)
Moved by
Leave out from “House” to end and insert “do insist on its Amendment 4L”
My Lords, in Alice in Wonderland, Humpty Dumpty says:
“ ‘When I use a word, … it means just what I choose it to mean — neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’ ‘The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.’ ”
That is exactly the position we find ourselves in today. It is an argument about the meaning of words, which the noble Lord, Lord Newby, in an excellent speech, has just pointed up. If one took the Government’s statements and sought to give the usual meaning to the words, then there would not be a problem here this evening.
I noted down what the noble Lord, Lord Greenhalgh, said in his opening remarks: these are just some of the statements he made. My writing is not fast enough to recite his whole speech, but if one took his whole speech, one would think there was no disagreement between us at all. “More needs to be done”, he said. “Industry must play its part and pay its way,” he said. “I agree that leaseholders need more protection,” he said. “Forfeiture,” he said—the fact we are talking about forfeiture is a sign of quite how serious a crisis we are facing—“is a draconian measure”; my writing was not fast enough here, but I think he said, “which is to be discouraged.” He also said, as the noble Lord, Lord Newby, just said, that these measures will be further addressed in the building safety Bill.
All those statements that the noble Lord made go to the heart of the protection we have been seeking to provide for all of those categories of people affected, not just those who live in buildings of more than 18 metres and not just those with costs directly attributable to cladding if they fall in the category of remediation costs which are essentially post Grenfell. This is the key point, because assessments that have been made about fire risks which are not just restricted to cladding are in the wider areas, some of which are in the expanded fire safety order which the Minister referred to.
The issue then is whether the scheme that the Government have said they will introduce to implement the principles that the Minister himself has set out to the House this evening is adequate to the task. We take the Minister at his word that it will be adequate to the task. There is some disagreement about how far it needs to be legislative and how far not legislative, though the fact that he constantly refers to the building safety Bill leads us to think that it will be substantially legislative. In so far as it is not legislative, these measures could be put in a legislative form, or he could make a categoric statement about when the Government will come forward with a comprehensive scheme.
So far, so good. What happens is that the right reverend Prelate the Bishop of St Albans and his understudy who is here this evening, if I may so describe him—anyway, he seems to be maintaining the line of the right reverend Prelate the Bishop of St Albans—and other noble Lords then consistently, on now about 10 occasions during the passage of the Bill, have come forward with proposals to put into legislative form what the Government themselves have told us they want to do. What happens, because we are now back in Alice in Wonderland, is that we pass amendments saying that remediation costs should not be passed on to leaseholders which are attributable to the additional costs which have come post Grenfell, and then the Government come along and say, “Ah, but this does not take account of the following five concerns.”
These are the concerns that the noble Baroness, Lady Fox, just mentioned about small costs, concerns about defining costs, concerns about costs which might be attributable to leases which applied and which tenants willingly engaged in before there were any additional costs put forward—we had a whole list of issues that were raised. What then happens is that the ever-receptive Bishop of St Albans, and other noble Lords change the amendments to take account of the Government’s concerns. Indeed, the amendment of the noble Baroness, Lady Pinnock, this evening meets most of the concerns that have been raised by Christopher Pincher in the House of Commons and by the noble Lord, Lord Greenhalgh, here.
It is worth dwelling on this, because these are hugely important issues potentially affecting millions of people, so we ought to be clear about it. Under the noble Baroness’s amendment, proposed new subsection (1) states:
“The owner of a building may not pass the costs of any remedial work attributable to the provisions of this Act”—
so defining clearly what should and should not apply. Proposed new subsection (2) states that the prohibition on remediation costs being passed on to tenants will have effect
“only until a statutory scheme is in operation which ensures that leaseholders and tenants of dwellings are not required to pay more than £50 per month during the course of the lease”,
but it does not apply to a cost that
“is permitted under a lease or tenancy agreement that was made before this Act is passed, and … does not exceed £500, whether as a one-off cost, or in total across a 12-month period.”
This meets the concerns that the Minister has raised, unless he does not propose to bring forward a scheme that meets his commitments in due course, which is the reason why we go round in circles again.
We then come out of Alice in Wonderland and into the real world. In the real world, we all know what is happening. It is not a secret to those of us who are politicians what arguments have now been happening for two months. Two things are happening. First, a battle royal is going on between the Minister’s department and the Treasury about what costs the Treasury will meet and how narrowly defined they need to be. The Treasury is already concerned about the size of the fire safety fund, the £5.1 billion fund which the Minister referred to, and whether the costs even under that scheme will end up being significantly higher. It certainly does not want more costs to be recognised. The second thing going on of which we are all well aware is that, although the Government say—because huge numbers of people are affected by this, many of them first-time buyers, many of them who have, under Conservative schemes, bought council properties and are leaseholders —that they want to see them fully protected, they do not at the moment either have a plan to fully protect them nor, to be blunt, do they want to protect them any more than they think is politically necessary to get this and subsequent legislation passed, presumably in the run-up to the next election, in a judgment they make on the salience of the issue.
We then come to the role of this House, which is unusual in this case. We had a lecture from the Chief Whip earlier about the supremacy of the House of Commons, which we all recognise, but the supremacy of the House of Commons is in this instance qualified in two respects. The Salisbury convention is clear that the supremacy of the House of Commons applies to all matters which the Government have placed in their manifesto. This House does not seek to cut across clear manifesto commitments which the Government have made when they want to realise them. The Government’s commitment at the election was to sort out this issue; it was not not to sort out this issue. If we take that reading of the role of this House, we will actually be implementing the Salisbury convention this evening if we pass the amendment of the noble Baroness, Lady Pinnock. We are seeking to hold the Government to their manifesto commitments to the people, not going against them.
The other reason why we are back in Alice in Wonderland in respect of the role of this House is that, when the Minister and the Chief Whip said this evening that the Bill will fail, it will fail only if, in response to the amendment being carried, the Government choose to let it fail rather than accept an amendment that puts into law the very commitments that they have said that they propose to meet.
We are in a conundrum as to what to do. If we vote for the amendment of the noble Baroness, Lady Pinnock, we be voting for something that will indeed send the measure back to the House of Commons and could, if the Government refused to give way, lead to the fall of the Bill. That is entirely in the hands of the Government. However, it is manifestly not the case that we are breaking the Salisbury convention, it is manifestly not the case that we are going against the commitments that the Government themselves have given, and it is manifestly not the case that we would be the cause of the Bill falling. The Government would be the cause of the Bill falling, because they were not prepared to accept the amendment.
We all have judgments to take as to how to vote, and I respect people who take different views on this issue, but it is very clear to me that this is not about the supremacy of the House of Commons. As the noble Earl, Lord Lytton, said, in what I have to say is the most impassioned speech I have heard him deliver to the House, this is a matter of the good faith of the Government and whether, when they say something, they mean it. If this House has any role to play, it is to see that high standards of conduct in public life are maintained, that Governments are held to commitments that they give and that the ordinary meaning of words should be taken to apply when they are uttered by Ministers.
My Lords, I will not trade Alice in Wonderland anecdotes with the noble Lord, Lord Adonis, but I take issue with the point made by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock, that this Government and Prime Minister have done nothing or sat on their hands.
The reality is that I was appointed a Minister, a little over a year ago, into this role. The previous Government had first committed £400 million and then, very reluctantly, an additional £200 million towards the costs of remediating the same cladding that was on Grenfell Tower—aluminium composite material. In the month I was made a Minister, the Chancellor committed a further £1 billion. Now this Chancellor and Prime Minister have committed a further £3.5 billion, taking the total funding to an unprecedented £5.1 billion. It is simply not correct to say that we are doing nothing; that is a considerable sum of money and a massive commitment to recognising that we need to dampen the impact of the costs of remediating the unsafe cladding—the major fire accelerant on these buildings—so that a tragedy like the Grenfell Tower fire never happens again.
I also take issue with the noble Earl, Lord Lytton, whose contributions I really enjoy; he is a property professional who speaks with great passion. The reality is that I spent the last year at the coalface, dealing with the tail of building owners who do not want to get on with the remediation—even when the funding is in place. There are two enforcement routes to get them to move even when they do not want to: one is the Housing Act 2004 and the other is the current fire safety order of 2005. It is recognised as an enforcement route, even for external cladding systems; it is just that some fire and rescue authorities feel that it is too ambiguous. That ambiguity, lack of clarification and operational disagreement between different fire and rescue services—I say this as Fire Minister—is a significant problem. However, one reason that remediation is happening today is that enforcement options are in place and this modest three-clause Bill is a very sensible clarification of the fire safety order of 2005.
We are at an impasse. I hope that we may get this vital Bill through, because it is important to get that legal clarity I have referred to. The safety of leaseholders and residents is paramount, and it will be compromised if we do not ensure that this Bill is placed on the statute book by the end of this Session. Tonight is the moment to decide that very fact. The Bill falling will not help leaseholders or make homes safer.
I turn to the amendment from the noble Lord, Lord Kennedy. It lacks clarity in prohibiting all kinds of remediation costs being passed on to leaseholders. It means that, where costs are minor, as a result of wear and tear, or even where leaseholders are responsible for damage, they would still not be expected to pay, which is not a proportionate response. I think all Members would agree that the taxpayer should not pay for all and every cost associated with remediation. The scope is far too broad to be a sensible solution.
In several ways, this amendment has the potential to make things worse for leaseholders; for example, it is unclear who should take responsibility for remediation works until a statutory funding scheme is in place to pay for the costs. This would result in all types of remediation being delayed, which is an unsatisfactory outcome for leaseholders. Practically speaking, on the amendment’s requirement to deliver particular requirements to Parliament within 90 and 120 days, we must be mindful that drafting legislation is a complex matter, which cannot be dealt with in the timeframe proposed. I note that the noble Lord is unlikely to press for a Division this evening, so I will not go any further, but to impose an arbitrary deadline, as stated, is neither helpful nor practical.
(3 years, 6 months ago)
Lords ChamberThat this House do not insist on its Amendment 4J, to which the Commons have disagreed for their Reason 4K.
My Lords, I should like to start this debate by paying tribute to the fire and rescue services across our country. In recent days, we have seen large fires in Greater Manchester and Shropshire, which have been dealt with by those services with exemplary bravery and professionalism. That is a reminder of why we want to get this Bill through: to help fire and rescue services do their job, and to ensure that buildings are properly and thoroughly assessed and that the risk of fire is minimised as much as possible.
I am fully aware of the pain and anguish that the cost of remediation is causing leaseholders, but all of us in this House agree that residents deserve to be and feel safe in their homes. I do not want to repeat all the Government’s reasons for resisting these amendments, but I do want to reiterate that this is a hugely complex area. There is no simple solution and I am afraid that it cannot be resolved through amendments to this short, technical Bill.
The other place has now voted against these different remediation amendments put forward by your Lordships’ House, the last one of which was rejected by 64 votes earlier today. That confirms that the other place has supported the Government’s view that the Bill is not the right legislation in which to deal with remediation costs. There is consensus in both Houses that the fire safety order needs to be clarified. That is because we want to avoid a scenario in which defects with external walls or flat entrance doors in multi-occupied residential buildings are not identified, resulting in a potential increase in fire safety risks for everyone living in such places.
Given this consensus, coupled with the fact that the other place considers that the Fire Safety Bill is not the right place to deal with remediation costs, I again ask your Lordships to agree that this Bill should go on to the statute book. If noble Lords insist on a legal resolution to the issue of remediation costs through this Fire Safety Bill, then I am afraid that this important Bill will fall on the grounds that this could mean that responsible persons for multioccupied residential buildings can argue that it is lawful to deliberately ignore the fire safety risks of the external walls and flat entrance doors.
As noble Lords have heard in previous debates, the Government’s ability to lay regulations to deliver on the entirety of the Grenfell Tower inquiry’s recommendation is subject to this Bill gaining Royal Assent. If this Bill were to fall there will be a delay delivering the inquiry’s recommendation in respect of external wall structure and flat entrance doors.
I place on record again that the Government are committed to protecting leaseholders and tenants from the cost of remediation. Under the plans announced by the Housing Secretary in February this year, hundreds of thousands of leaseholders will be protected from the cost of replacing unsafe cladding on their homes. The £5.1 billion in grant funding made available to leaseholders is unprecedented, but I agree that leaseholders need stronger avenues for redress. The building safety Bill will bring forward measures to do this, including making directors as well as companies liable for prosecution. I agree that the industry must play its part, and the Government agree with the broader polluter pays principle. Through our high-rise levy and developer tax, industry will pay.
I repeat my message from the last time I stood here at the Dispatch Box:
“We recognise that the … Fire Safety Bill will lead to more remediation issues being identified, but there will be occasions when other measures to mitigate the risk are required, rather than extensive remedial works.”
However, the solution and the costs involved will vary depending on the corrective measures required. Not all buildings will need extensive remedial works. For example,
“the vast majority of lower-rise buildings will not require the type of remedial work discussed in the House today.”—[Official Report, 20/4/21; col. 1377-78]
To suggest that this Bill will unleash hundreds of thousands of costs, all of which will be major and substantive, is simply not the case. It is also incorrect to suggest that the Bill will create further liability for leaseholders. The Bill does not create liability; it is a simple Bill to clarify the fire safety order and let our fire and rescue services do the job they do best, which is keeping us safe.
I ask noble Lords to reconsider their position of insisting on the remediation costs amendments days before the end of this Session, which risks the Government’s ability to implement an important legal clarification that will improve fire safety and help protect lives. I beg to move.
Motion A1 (as an amendment to Motion A)
My Lords, the cladding scandal is turning into the next Hillsborough scandal, in terms of not only the terrible and avoidable loss of life but the failure of the public authorities to react in a timely, just and effective manner afterwards. As event after event unfolds and failure succeeds failure in terms of government inaction, I am afraid the scandal grows. Those of us who have seen these events over many years know that there will come a point where the Government will have to concede on these issues.
Anyone who watched the debate in the House of Commons this afternoon and saw impassioned speeches from a string of Conservative MPs—many of whom had encouraged first-time buyers to buy their properties in their political lives, including many of them to buy council properties as leaseholders that are now unsaleable and submerged in negative equity without even a proper schedule of works that can be agreed—will know that this position is becoming unsustainable politically. Not only that, it is becoming a moral quagmire on the part of the public authorities at large: local authorities, regulatory authorities and the Government themselves.
The Minister is in an unenviable position, and we all know why he is in that position. It is because giving the kind of commitment that has been talked about would mean that the £5 billion scheme the Government have announced so far, could, on the basis of estimates I have seen and were being quoted in the House of Commons, be £10 billion or £15 billion. But in this situation we have to work to the just solution, and the just solution is clearly that innocent leaseholders should not be held accountable for costs which had nothing to do with them, were beyond their control and purely in the authority of shoddy developers or inadequate public authorities.
Those developers should be held accountable in due course and the role of the Government is to see that, in the interim—and that interim could be many years; it could be decades before these issues are resolved—innocent leaseholders are not held to ransom. I mean that genuinely; they are held to ransom because they cannot sell their flats and properties until the cladding is sorted out, and in many cases they will be completely unable to meet the costs.
The most powerful speeches in the House of Commons this afternoon were made by Iain Duncan Smith and Liam Fox. The noble Baroness, Lady Fox, thinks that she and I are not always on the same wavelength, but I can assure the House that Iain Duncan Smith, Liam Fox and I hardly ever find ourselves in the same company. But everything that they said today was utterly compelling.
They read from accounts given to them by their constituents of estimates for works of £30,000, £40,000 and £50,000, negative equity, inadequate access to the fire safety fund, insurance increases of 1,000%, large charges faced by leaseholders for interim measures and charges not covered by the scheme. The Government said a forced loan scheme would be announced in the Budget, but one MP—I think it was the Conservative MP for Southampton—said “Which Budget is the Chancellor talking about because it hasn’t come in this Budget? Is it going to be the one next year or the one in 2030?”
These are the elected representatives of the people seeking to hold the Government to account. Our role as a revising Chamber in a matter of such huge importance as this is to see that their voices can be properly expressed and heard. The Minister said that there was a decisive majority in the House of Commons, but between today’s vote in the Commons and the previous vote, the Government’s majority fell by half—I repeat, by half—as a result of one further debate where these issues were properly aired. We have a duty to send this issue back and I am absolutely sure that if the Government succeed in railroading this through—they probably have the votes to do so—it is right that we see whether, with a further opportunity for discussion, more progress can be made.
It is only a matter of time before the Government will have to make significant further concessions. I say to the Minister with all due respect that they will drag the reputation of the Government and the state to a much lower level by not conceding in a timely fashion—as they should have done at some point over the last four years, but certainly must in this endgame where the issues have been raised as matters of acute concern.
With respect to the arguments, the Minister says that it is not correct or appropriate to use the Bill to legislate on this issue. My noble friend Lord Kennedy’s Motion does not use the Bill to legislate for a solution; it requires the Government to come forward in due course with their own legislation. All it does in its various provisions is to set down timescales by which the Government must do this. The Government may say that they are not prepared to come forward with legislation but the arguments keep moving. Last time, the Minister said that legislation might not be required, as he might be able to take all these actions to protect leaseholders without it. If he is not prepared to accept my noble friend’s amendment because of the legislative components, it is incumbent on him to give a commitment and say when the Government will come forward with a scheme.
Christopher Pincher, the Minister in the House of Commons, made a lot of spurious suggestions in his reply there just a few hours ago. He said that the proposal by the right reverend Prelate the Bishop of St Albans was ineffective because it would prevent “very minor” costs, such as replacing smoke alarms, being passed on. That is a ludicrous suggestion; the Government could come forward immediately with a scheme to deal with minor costs if they were so minded, and I see that the amendment from the noble Baroness, Lady Pinnock, specifically exempts minor costs. He also said that it would absolve leaseholders from responsibility for works that might be their responsibility. There will be cases where leaseholders have responsibilities, and they should be held accountable for them, but the much bigger issue here, which we as a Parliament have a responsibility to deal with, is where the state has failed in its responsibilities, as well as developers failing in theirs.
We are absolutely right to send this matter back to the House of Commons if there is a majority to do so. Irrespective of whether the Government resolve this matter over the next few days before the end of the Session, they will be forced by public opinion and the weight of natural justice—as with the Hillsborough disaster and the Horizon disaster—to move on this issue. It is simply deplorable that this will happen at the very end of a long period of pressure, which will bring the reputation of the state for fair play to a very low ebb indeed.
My Lords, we all feel the plight of leaseholders. I spend most of my time as Building Safety Minister and Fire Minister in meetings at the building level, trying to accelerate the pace of remediation. Despite the fact that we have had a global pandemic over the last year, we have also had over 150 starts on site and 95% of buildings have now either had cladding of the very same type that was on Grenfell Tower removed or fully remediated, or have workers on site who are within months are making the buildings safe.
These are hard yards. I have worked with colleagues at all levels of government, with the GLA and the deputy mayor, with the appropriate lead in London Councils and with Mayor Burnham in Greater Manchester. There is a huge effort. Very often it involves difficult, brutal conversations, telling building owners and developers to get a move on. In over half the cases of buildings that had aluminium composite material, we saw the building owners step up and either fund the remediation or carry the works ahead, covering this with warranty schemes without passing the costs on to leaseholders.
These are very difficult times for leaseholders, but that is why, in answer to the noble Lord, Lord Kennedy, the Housing Secretary announced a very comprehensive five-point plan in February. Essentially, we have increased the building safety fund by some £3.5 billion to £5.1 billion. Details of how the revised fund will be spent will be announced very shortly. In addition, we have announced a high-rise levy, which will form part of the building safety Bill, and a tax on developers, because it is important that the polluter pays. There needs to be a financing scheme for medium-rise buildings of between four and six storeys. That is the plan that we have put on the table.
I also point out in answer to the noble Earl, Lord Lytton, and the noble Baroness, Lady Fox of Buckley, that the Bill does not create liability. This is a simple Bill clarifying the fire safety order to let our fire and rescue services do the job they do in keeping us safe. The Bill clarifies an existing regime. I want to be absolutely clear that it does not create a new liability.
I agree with the noble Earl, Lord Lytton, that we need to strengthen redress to stop this all falling on the taxpayer. I have been very clear that we will bring forward measures that will do that as part of the building safety Bill. They will make directors as well as companies liable for prosecution in some instances. The reality is that it is absolutely ludicrous that the statute of limitations under the Defective Premises Act is only six years. That is the statutory period of redress. We will bring forward measures to deal with that point. When I buy a pair of tweezers I get a lifetime guarantee, but when a poor leaseholder invests their life savings and makes the most significant payment in their lives to own their own home the period for statutory redress is simply not acceptable.
I come back to Amendments 4L and 4M. I am afraid that they are unworkable, impractical and do not deliver the solutions for leaseholders. As noble Lords have heard before, it is impractical and confusing to amend the fire safety order to try to resolve the issue of who pays. These amendments seek to cover the very complicated relationship under landlord and tenant law, including financial obligations and liabilities between freeholders and leaseholders. Frankly, these matters do not sit naturally with the fire safety order.
The right reverend Prelate the Bishop of St Albans spoke very eloquently to his amendment and to the two amendments that have been proposed. None of these amendments works because, once again, they orphan the liability of works until such time that a statutory scheme is in place that pays for the work directly attributable to the Act. In answer to the noble Lord, Lord Adonis, both his amendments reference the provisions of the Act in so doing. I have talked about the difficulties of defining which works might be directly attributable to the Fire Safety Bill’s provisions. I have gone over that ground several times. Orphaning liability simply delays essential fire safety works.
In addition, the proposed scope of the works remains too broad, even with the £500 threshold proposed by the noble Baroness, Lady Pinnock. It simply does not resolve the issue. Some of the works that may be required will be very low cost and anyone would reasonably expect the leaseholders to pay. That, frankly, could be more than £500 a year. As no taxpayer scheme for such minor works will be forthcoming, we then reach deadlock.
There is an additional issue which has not been raised by noble Lords: subsidy control. It is a small but important point. Depending on the specific details, it is possible that such a statutory scheme would not be permissible under subsidy control rules. Some leaseholders have undertakings—for instance in buy to let—and subsidy control rules limit how much benefit can be conferred on undertakings. In effect, it may not be possible to relieve leaseholders and tenants from all costs of remedial works attributable to the Bill without breaching subsidy control. As the noble Lord, Lord Kennedy, knows, further detailed consideration is needed.
(3 years, 6 months ago)
Grand CommitteeMy Lords, I thank the noble Lord, Lord Bird, for securing this important debate. I express my gratitude for his continued dedication in seeking to prevent homelessness, as well as for highlighting the risk of Covid-19-related poverty faced by our communities. The noble Lord was poignant in outlining the drivers of what causes people to sleep rough on our streets. I also thank noble Lords for their thoughtful contributions. I am glad to have the opportunity to update your Lordships on the Government’s assessment of the risk of mass evictions and our action to support renters.
The Government have taken unprecedented action to protect renters from eviction and homelessness during Covid-19. In March 2020, we introduced longer notice periods and worked with the judiciary to implement a six-month stay on possession proceedings. Legislation remains in place until 31 May to ensure that bailiffs do not serve eviction notices or enforce evictions, except in the most serious circumstances. Landlords are still required to provide six months’ notice, except in the most serious cases. This means that tenants served notice now will not have to leave their homes until October 2021.
To ensure that our measures are working, the Government have commissioned robust assessments on the risk of evictions resulting from the pandemic. For example, the English Housing Survey’s household resilience study was set up specifically to investigate household resilience in the light of Covid-19, with the wave 2 data published only yesterday. We do not consider that there will be mass evictions. The data continues to support this: the vast majority of private renters—91%–were up to date on their rent when surveyed in November and December last year. These figures are similar to the NRLA’s. The key is that these data also show that, of those in arrears, the vast majority have arrears of less than two months’ rent. In fact, the NRLA data also showed that, on average, the arrears were in the order of magnitude of £251 to £500, and that only 18% had rent arrears of more than £1,000.
We continue to encourage landlords and tenants to manage rent payment obligations sensibly so that they do not become an avoidable burden or cause avoidable disputes. We are grateful to landlords for their forbearance in supporting tenants during this time, and our interventions are preventing evictions. I know that some data has been presented by Generation Rent; we do not have official data, however. Ministry of Justice statistics show that reported applications to the courts for possession by private and social landlords between October and December 2020 were down 67% compared with the same quarter in 2019; and that only 548 repossessions were recorded between April and the end of December 2020, compared with 22,444 over the same period in 2019.
The Government are collecting, publishing and assessing robust statistics on homelessness, which include prevention and relief duties carried out under the Housing Act 1996. Statistics published today show that there has been a 40% decrease in households owed a homelessness duty due to the end of a privately rented tenancy, compared with the same quarter last year. The number of families in temporary accommodation is now at the lowest level it has been since 2016.
Overall, there has been a reduction in the number of people needing support from statutory homelessness services. This is driven by a reduction in the number of families threatened with homelessness as a result of the action that we have taken to protect renters. Our protections are working, and they strike the right balance between supporting tenants and landlords. They provide assurance to tenants but also support landlords to progress the most egregious cases, such as anti-social behaviour, more quickly.
The noble Lords, Lord Bird and Lord Shipley, the noble Baroness, Lady Andrews, and my noble friend Lord Young all want to know: what next? As we move along our road map to recovery, we are considering the best way to transition out of these emergency measures, taking into account public health advice, and we will provide more detail shortly. The noble Lord, Lord Bird, has rightly raised the financial pressures faced by tenants during the pandemic, highlighted by the Big Issue’s Ride Out Recession Alliance campaign. I am heartened by the shared commitment that we all have to preventing such hardships wherever possible.
To this end, the Government have supported workers so that they remain in employment, with the job retention scheme extended until the end of September. The Government have also provided billions of pounds in welfare support to help people pay their housing costs. This included £1 billion to increase local housing allowance rates last year, so that they cover the lowest 30% of market rents, as mentioned by my noble friend Lord Young. These rates are being maintained in cash terms throughout the current financial year until 2022, meaning that claimants renting in the private rented sector will continue to benefit from the increase.
In response to the noble Baroness, Lady Andrews, I say that the Government have also extended the £20 a week uplift in universal credit until the end of September and provided a one-off payment of £500 to eligible working tax credit claimants. For those who require additional support, the discretionary housing payments are available. We have made £140 million of funding for discretionary housing payments available to local authorities this financial year to support renters with housing costs in the private and social rented sectors. This builds on the £180 million available in the last financial year.
For those who become homeless or find themselves at risk of homelessness, we are providing local authorities with £310 million through the homelessness prevention grant. This funding represents a £47 million increase on the previous year’s funding and can be used to offer financial support for people to find a new home, to work with landlords to prevent evictions, or to provide temporary accommodation to ensure families have a roof over their head.
Looking to the future, and when the urgencies of the pandemic have passed, the Government are committed to introducing reforms to deliver a fairer and more effective rental market. This will be achieved by legislating to remove Section 21 of the Housing Act 1988—as we have pledged as a Government and as the noble Baroness, Lady Wilcox, mentioned—to provide tenants with more security, but also to strengthen the grounds for eviction to ensure that landlords have confidence that they can gain possession when it is fair to do so. This will represent a generational change to tenancy law in England, so it is only right that such legislation is balanced and properly considered to achieve the right outcomes for the rented sector.
May I refer to some of the specific points that have been raised this evening by noble Lords? The noble Lord, Lord Shipley, and the noble Baroness, Lady Andrews, mentioned the HCLG Select Committee report. All I can say is that we will respond in due course to the committee’s report on Protecting the Homeless and the Private Rented Sector: MHCLG’s Response to Covid-19; I am afraid I have no news on that.
I thank my noble friend Lord Young for raising what we can learn from Wales and Scotland, as did the noble Baroness, Lady Wilcox. I will encourage my officials to look at what we can learn from the devolved Administrations, though I would say that there is a choice around whether it is right to offer loans, which in effect provide additional debt for an individual, as opposed to what we have tended to prefer, which is to widen our financial support. There is a choice and you cannot necessarily do both, but we will look at that in some detail.
The noble Lord, Lord Loomba, my noble friend Lady Gardner of Parkes, and the noble Baroness, Lady Blower, all raised various forms of direct financial support measures to pay rent arrears, which is not currently government policy. I do not propose to introduce government policy in this debate, but I have to say that everybody who they mentioned is eligible for the support that I have outlined—it is open to them.
With regard to no recourse to public funds, which was raised by the noble Baroness, Lady Blower, the rules have not changed. Eligibility is determined by local authorities, which have to use their judgment in assessing what support they may lawfully give to each person on an individual basis. We do not propose to change that at this point.
I assure noble Lords that the Government will continue to support renters affected by the pandemic. The measures that I have highlighted are in addition to existing commitments to deliver a fairer and more effective rental market for all. I am grateful to the noble Lord, Lord Bird, for raising this important matter on the 30th anniversary of the founding of the Big Issue, which he can rightly be proud of, and I extend my thanks to the considerable number of noble Lords who have participated in this debate.
My Lords, the Grand Committee now stands adjourned until 5.30 pm. I remind Members to sanitise their desks and chairs before leaving the Room.
(3 years, 6 months ago)
Lords ChamberMy Lords, in moving this Motion, I express my thanks to noble Lords from across this House for their helpful insight and support throughout proceedings. In particular, I thank the noble Baronesses, Lady Pinnock, Lady Thomas, Lady Andrews, Lady Randerson and Lady Greengross, and the noble Lords, Lord Kennedy and Lord Greaves, my noble friend Lord Lucas, the noble and learned Lord, Lord Hope, and the noble Earl, Lord Lytton.
I also thank the National Association of Local Councils, the Local Government Association and the Valuation Office Agency for their engagement during the passage of the Bill. I am especially grateful to the British Toilet Association for its support of the Bill and for taking the time to meet me and noble Lords last month.
Finally, I thank my department’s Bill team: Rhys Tomlinson, Nick Pellegrini, Luke Turner, Alan Millward, Nick Cooper, Lee Davies and Tom Adams, as well as Sam Loxton from my own private office, for their support throughout the passage of the Bill. I beg to move.
My Lords, I start by thanking the noble Lord, Lord Greenhalgh, for his engagement in this small but important Bill. I am pleased that it is finally now going to pass; this is the second time I have worked on this Bill—because it was lost before the general election—so it is something I am very well aware of. I thank the noble Lord; he has been very helpful, as always. I join him in thanking all the organisations he mentioned—the LGA, the National Association of Local Councils, the British Toilet Association and others—for their helpful advice, guidance and support. I also thank Ben Wood from the Labour group office for his help and support on the Bill.
I thank all noble Lords who engaged in the Bill, particularly Lord Greaves, whose last speech in this House was on this Bill, as noble Lords may remember, some weeks ago, before he sadly passed away. Although Tony was in a different party from me, he was well respected in the House and was a very good man. He worked as a local councillor and as a Member of this House and he will be missed by us all. I am delighted that the Bill is going to pass.
My Lords, it is my pleasant task, on behalf of these Benches, to thank the Minister for the gracious way in which he has conducted this Bill. We have had no Divisions. The Bill has survived unamended, but it has certainly not been without interest, and the Minister has been faced with some powerful contributions during our debates that he has had to answer. We are grateful to him and the Bill team for the care that has been taken in examining the various points that have been raised.
It will not have escaped the Minister’s attention that two of us participating from these Benches had a professional interest in the subject. One was a valuer, with an interest in the valuation aspects, and I am a lawyer, interested in the legal aspects. For both of us, the question was how one could accommodate the undoubted need for public lavatories, in the places where people need them, within the valuation and ratings system. Standalone premises, which this Bill is about, present no problems of that kind, but increasingly, the provision of publicly accessible lavatories within other premises, such as public libraries, is a different matter. The two of us were very much in sympathy with others who were asking the Minister to be more imaginative and generous in searching for a solution to the problem, but we found it as hard as he did to see how this could be done within the boundaries of the existing law and practice of how buildings are valued for rating purposes. In short, the narrow focus of the Bill has been the problem.
Everyone recognises that this is a significant public health issue and an environmental issue. Everyone—young and old, healthy or infirm—needs access to decent lavatory accommodations. There is genuine regret on these Benches and throughout the House that the Bill was unable to go further than it has in finding other ways to meet this need. I hope that the Government will take away from these debates a better understanding of ways in which this could be done by the ideas that have been put forward by various amendments from all around the House. If so, the time that we have spent developing these ideas in debate will have been time well spent. I hope and expect that we have not heard the last word on the subject of public lavatories.
My Lords, we have seen the very best of this House. I really appreciated the professional expertise on the Cross Benches, from the noble and learned Lord, Lord Hope, and the noble Earl, Lord Lytton. It was incredibly helpful. This is a very complicated area of public policy and it is great to have that expertise to hand.
I add my personal tribute to Lord Greaves. I did not know him particularly well, but he welcomed me as a fellow traveller from local government, where our political paths were very similar. He was almost schooling me on the nature of a probing amendment. I do not think that I have ever had such a lengthy discussion about the word “mainly”. He will be sadly missed.
(3 years, 6 months ago)
Lords ChamberThat this House do not insist on its Amendments 4B and 4C, to which the Commons have disagreed for their Reason 4F.
My Lords, I thank noble Lords for engaging in this important debate throughout the passage of the Bill. We all share the same concerns about the impact that the cost of remediation is having on many leaseholders and tenants. We all agree that we have to protect leaseholders as far as practicable. All in this House agree that residents deserve to be and feel safe in their homes.
I will go on to explain why we consider the proposed amendments in lieu to be both inappropriate and unworkable but first, I want to outline in the strongest way possible the importance of the Bill and the risk that these remediation amendments are creating. Let us be in no doubt about what is at stake here.
Throughout the passage of the Bill, we have all agreed with the fundamental purpose of what we seek to achieve. We all want to ensure that there is no legal doubt that, under the fire safety order, the responsible person must assess and, as appropriate, identify any fire safety risks relating to the external walls and entrance doors in multi-occupied residential buildings.
We also agree that the current legal ambiguity under the fire safety order is unhelpful. If we do not rectify this now with this Bill, there will be significant ramifications. If we do not clarify this legal ambiguity, responsible persons can continue to argue that they can lawfully and deliberately ignore the external walls and flat entrance doors in their fire risk assessments. This inaction will mean that important defects will not be identified and be left unremedied, potentially increasing fire safety risks for anyone living in such buildings.
Given the repeated agreement, across both Houses, that we need to act, I think we would all also agree that this Bill should go on to the statue book in the next few days. The Commons has already voted against two different remediation amendments put forward by your Lordships’ House, and by substantial majorities of 115 and 69. Prior to that, the issue of remediation costs was discussed at both Commons Committee and Report stages, so the Commons has considered the issue of who pays at four different stages and voted on it twice—each time supporting the Government’s view that provision of this kind is unnecessary. This House has done what is right and proper as a revising Chamber, namely, to ask the Commons to think again—not once, but twice. It is time for your Lordships’ House to respect the will of the elected Chamber. To continue to deny the wishes of the democratically elected Chamber, particularly where the result is an increase in fire safety risks, could ultimately cost lives.
I underline that this Government are committed to protecting leaseholders and tenants from the costs of remediation. Hundreds of thousands of leaseholders will be protected from the costs of replacing unsafe cladding on their homes, as part of the Government’s five-point plan to provide reassurance to home owners and build confidence in the housing market. The £5.1 billion grant funding made available to leaseholders is unprecedented. We take these issues seriously and we are acting. To say otherwise is misrepresentative and simply not correct.
The Government are also taking forward a comprehensive programme of reform to end unfair practices in the leasehold market, from the abolition of ground rents to revising the use of forfeiture. Our plan to alleviate the burden of paying for remediation costs is, and should be, considered as part of this comprehensive programme.
We recognise that the implementation of the Fire Safety Bill will lead to more remediation issues being identified, but there will be occasions when other measures to mitigate the risk are required, rather than extensive remedial works. To suggest that this Bill will unleash hundreds of thousands of costs is incorrect; we have always argued that building owners must take a proportionate, risk based-approach that takes into account the possibility of risk to life in properties, which for most leaseholders is mercifully low. This Bill applies to all buildings with two or more dwellings; the number of buildings that require substantive remedial works is relatively small, as the vast majority of lower-rise buildings will not require the type of remedial work discussed in the House today.
If noble Lords cast their minds back to the previous stages of the Bill, they will find widespread support for clarifying the fire safety order and legislating to implement the Grenfell inquiry recommendations. In fact, the criticism was that we should have introduced sooner and gone faster. It is therefore getting increasingly difficult to square the sentiment of noble Lords at the beginning of the passage of the Bill with the actions of some Peers now.
Let me point to two examples. I am grateful to the noble Lord, Lord Kennedy of Southwark, for his candid engagement with me during the passage of the Bill. He tabled amendments in Committee and on Report to, in his words,
“make progress in respect of the recommendations of the first phase of the Grenfell Tower Inquiry.”—[Official Report, 17/11/20; col. 1367.]
The noble Baroness, Lady Pinnock, urged the Government at Second Reading to get on with the process of legislating. She said that she supported the direction of travel the Government are taking on the Bill but, in her words,
“the route being taken is too slow.”—[Official Report, 1/10/20; col. 350.]
Tabling and voting for these amendments is inconsistent with pressing the Government to act quicker. Pushing the Fire Safety Bill back to the other place jeopardises it completing its passage before the end of this Session. When I last spoke on the Bill in this House, I said that this Government intend to bring forward regulations to deliver the Grenfell Tower inquiry phase one recommendations before the second anniversary of the inquiry publishing its report, but this is subject to the Bill first gaining Royal Assent. If the Bill is not finalised in this Session, there will be a delay of potentially a year or more in delivering the inquiry’s recommendations.
I will comment in detail on the amendments in lieu in my closing address but, for now, I leave everyone across this House with two key points. First, the Government are unreservedly committed to protecting leaseholders from the costs of remediation. We have announced an unprecedented level of funding in this regard and will publish more details on how it can be accessed.
Secondly, do not let this issue prevent the Fire Safety Bill getting on to the statute book. Pushing the Bill back to the other place this close to the end of the Session risks that, and risks not implementing an important legal clarification that will improve fire safety and help to protect lives. I beg to move.
My Lords, it has been an interesting debate, to put it mildly. I did not think we would be invoking the spirit of the European Super League quite so much, but I have to say I stand with noble Lords in being utterly opposed to the proposals, including from the club that I support.
The idea that we are unleashing a torrent of issues for leaseholders as a result of the Fire Safety Bill—one of the points the noble Baroness, Lady Fox of Buckley, made—is overstated. That is not going to happen. We recognise that building owners will have to take a proportionate, risk-based approach that takes into account the true possibility of risk to life in properties. Life risk is mercifully low, as I said in my opening remarks.
I say to the noble Lord, Lord Newby, that the solution has been outlined by the Government. Noble Lords can query the scope, but the solution will always involve three basic elements: a level of grant funding—we have had the ACM fund of some £600 million and the building safety fund of £1 billion; some kind of financing scheme that provides a loan facility to pay for these works; and taxation or levies. The Government are introducing all three elements, and that is ultimately the only solution that can be offered. I point out to the noble Lord, Lord Adonis, that the solution in all those areas does not need to be statutory—in fact, in order to be timely, it cannot be statutory. The grant funding exists, and we will be publishing further details of the financing scheme very shortly. The Treasury’s lead is needed on taxation and levies, as the noble Lord will know.
In response to the noble Baroness, Lady Warwick of Undercliffe, it would be nice to put more money on the table, but over £5 billion, as I am sure she recognises, is a considerable sum. Leasehold properties in those buildings are protected. We know that a number of housing associations are applying to the building safety fund. I recognise that we could go further and protect the full remediation costs of those buildings, but it is nevertheless the case that many housing associations are applying for funds for the removal of unsafe cladding. In addition, a very generous affordable housing programme of some £12.5 billion has been announced, which housing associations can access.
By way of clarification to the right reverend Prelate the Bishop of St Albans, the building safety fund does exist and the money is being accessed. It is clear that the additional money the Government have announced will be added to that fund. We are in danger of running out of money, frankly, in a matter of months, without the additional amounts committed by the Government. The other things I mentioned will happen, but none of them requires statute to implement, so it is simply not the case that a statutory solution is the only way forward.
I want to reiterate why these amendments, which I believe are unworkable and impractical, should be rejected.. I do not have the benefit of political advisers as a Lords Minister. I am always happy with extra help in drafting my speeches, but I do not have a special adviser helping me in this regard. I do not think the amendments deliver the solution; all they do is put the legislation at risk. We have had the Easter Recess, which is one of the reasons we are now short of time.
As noble Lords have heard before now, it is impractical and confusing to amend the fire safety order to include this issue. The main aim of the fire safety order is to ensure public safety by reducing the risk to life from fire. This is done through responsible persons complying with their duties and regularly reviewing their fire risk assessment to identify and put in place appropriate fire precautions. These amendments do not include measures that provide public safety or set out how the responsible person should reduce the risk to harm from fire. Instead, they cover the relationship, including financial obligations and liabilities, between freeholder and leaseholder. These matters do not sit naturally with the fire safety order, as some noble Lords have admitted.
In his amendment, the noble Earl, Lord Lytton, wants to add further protections to leaseholders by insisting that building owners seek government support through our grant or financing schemes before passing costs on to leaseholders. Noble Lords will note that a similar provision already exists in our draft Building Safety Bill in Clause 89(17P), which places obligations on the landlord to deduct from leaseholder charges any funding received. We are adding to this clause with the purpose of ensuring that building owners must explore other cost-recovery mechanisms before passing costs on to leaseholders.
In addition to this proposed legislative protection, the existing building safety fund application process already requires building owners to demonstrate that they have already explored other cost-recovery avenues as a condition of government funding. Including this sort of provision in the Building Safety Bill removes a clear practical difficulty in this clause. By extending the requirement to explore alternative funding sources before approaching leaseholders to all building safety risks, leaseholders will now have to work out which costs are directly attributable to the provisions of the fire safety order and which are not. In the interim, building owners should already be accessing all the government support available to remediate unsafe cladding, and we are supporting them through this process.
I thank the right reverend Prelate the Bishop of St Albans for his engagement over the last few weeks, but I am afraid that his amendment will not work either. It would orphan liability. We have looking to assign liability to freeholders or orphan liability of works until such times as a statutory scheme is in place that pays for the work directly attributable to this Bill. I have already talked about the difficulties of defining which works might be directly attributable to the Fire Safety Bill provisions and which might not.
Some of the works that may be required will be low cost, where anyone would reasonably expect leaseholders to pay. Does the right reverend Prelate really want to stop the passing on of relatively minor costs, such as for a new smoke alarm? The amendment does not differentiate between the costs of the work which could lead to delays in important minor works. He is talking about stopping something even as minor as putting in a smoke alarm as a consequence of the amendment. No taxpayer scheme for such minor works would be forthcoming, and we would reach an entirely avoidable impasse.
The amendment does not take into account safety defects that are identified outside the fire safety risk process—for example, necessary works brought into scope as a result of another incident. In such cases, this will not prevent costs being passed on, and the amendment will not, therefore, achieve what the right reverend Prelate intends. Since this amendment is not sufficiently detailed and will require extensive drafting of primary legislation, it would continue to delay the implementation of the Fire Safety Bill and the important reforms that it intends to carry out.
We also recognise that there could be protracted legal action from building owners to claim for costs they feel they are entitled to pursue from leaseholders. Stating in legislation what the landlord can and cannot recover from the leaseholders, and when, could contradict the provisions set out in the contractual terms of a lease. This would affect the Government and, to that extent, taxpayers. The amendment should ultimately be self-defeating as the pace and progress of all fire safety works would be stalled, leaving leaseholders still in an invidious position.
I must admit that I had a strong sense of déjà vu when reading the amendment of the noble Baroness, Lady Pinnock. The House will remember that an almost identical amendment was laid during the previous stage of this Bill and rejected by the Commons. As with the previous amendment, it would orphan liability and leave leaseholders no better off, with no clear route for buildings to be remediated, without a clear cost recovery mechanism. Noble Lords will also remember that the scope of this amendment is extremely broad; it is applicable to not just external walls but all and every defect regardless of whether it has been caused by wear and tear. This is neither proportionate nor appropriate. It is certainly not the best use of taxpayers’ money.
My Lords, we are talking about three different amendments; I am focusing on that from the right reverend Prelate the Bishop of St Albans. In so far as I could tell, the detail of the Minister’s objection to the right reverend Prelate’s amendment was that further delay could be caused by uncertainty over the attribution of costs and that he objected to the amendment’s requirement that the scheme be statutory. Further delay depends on how long it takes the Government to come forward with their scheme; they are in complete control of the timescale. On the statutory scheme, to foster peace and good will between the right reverend Prelate and the Government, I suggest that “statutory” be replaced by “government” scheme—which need not necessarily be statutory, for the reasons the Minister gave. Would he be prepared to entertain this?
I am very new to this place but, as I have tried to highlight, I do not believe that the solution in large part involves statute. The noble Lord is asking for a further commitment that is really about putting more government money up front to pay for the significant costs faced by leaseholders. It would not be helpful to amend the amendment by removing that word, because I do not think we could accept the amendment in any way whatever. We have set out that we want to focus on the remediation of unsafe cladding because cladding on the outside of buildings is the major fire accelerant. That is what we will focus on and we are putting forward over £5 billion to do precisely that—a significant, globally unprecedented amount. I do not think amending that one word moves us any further forward.
My Lords, I am hugely grateful for the extraordinary range of speeches made today. I acknowledge what Her Majesty’s Government have done; I take the point that this is unprecedented and a major contribution towards trying to sort out this very difficult problem. The Minister knows that I have said on many occasions that I am terribly naive about all this. I was hoping Her Majesty’s Government would help solve it because I am just an amateur paddling around in the shallows. I am hugely grateful to people such as the noble Earl, Lord Lytton, who is a real expert in this area.
I still believe that my amendment is a practical, helpful and just way forward which is in the spirit of what Her Majesty’s Government want and have committed to. I was hugely grateful to the noble Lord, Lord Adonis, for quoting the Minister in the other place. I am still sufficiently positive—noble Lords will probably say naive—about our political system to believe that this amendment could well commend itself to people in the other place when they see that it is within the spirit of what the Government want to do. I hope that it will be taken back to the other place and considered there, or that the Government will wish to introduce something like it, to help us move this forward. I would like us to get this on to the statute book as quickly as possible but, in the light of what I have heard, with reluctance I feel I have no other choice but to divide the House on this Motion.
That this House do not insist on its Amendment 4D, to which the Commons have disagreed for their Reason 4G.
That this House do not insist on its Amendment 4E, to which the Commons have disagreed for their Reason 4H.
(3 years, 6 months ago)
Lords ChamberTo ask Her Majesty’s Government whether they plan to revise planning rules to ensure that all planning decisions are aligned with the United Kingdom’s net zero emissions targets.
My Lords, our Planning for the Future White Paper committed the Government to ensuring that the reformed planning system will support our efforts to combat climate change and help bring greenhouse gas emissions to net zero by 2050. We are currently analysing the 40,000 responses to the consultation; we will publish a response later in the year, which will set out our decisions on the proposed way forward.
My Lords, the energy national policy statements are currently under review; they were due to be completed in October last year. When, more precisely, can we expect the completion of the review? Will the Government commit to not granting permission for new fossil fuel projects, such as the controversial Cumbrian coal mine, or any other major infrastructure projects, until the review is complete?
My Lords, I will not be able to comment on a specific planning application for obvious reasons; that particular scheme has been called in by the Secretary of State. I will have to write to the noble Baroness on when the review will be published.
My Lords, the construction sector, demolition and building use together account for about 40% of all carbon-equivalent emissions. Should not planning law and planning guidance require developers, planning authorities and, ultimately, the inspectorate, in all cases of major housing and office projects, to consider as first option retrofit and refurbishment to higher energy efficiency standards rather than, as is normally the case, opting for carbon-intensive demolition and rebuild?
My Lords, the Government recognise the benefits of retrofit ahead of demolition. Reuse and adaption of existing buildings can make an important contribution toward tackling climate change. The national planning policy framework already encourages this.
My Lords, core to this issue is the forthcoming future home standard, which currently threatens to remove the discretion of local authorities to set zero-carbon policies that go beyond current building regulations. Does the Minister agree that the future home standard should be a floor to those authorities struggling to keep up rather than a ceiling constraining what the most ambitious authorities quite rightly are doing to reduce carbon dioxide emissions from new development and lead the way for other councils?
My Lords, it is quite clear that the future home standard is there to provide a floor rather than a ceiling in respect of ambition for local authorities. The Government will set standards that will require the avoidance of fossil fuels in future homes.
My Lords, following the question from the noble Lord, Lord Whitty, will the Minister be more specific with local authorities? They are much keener to allow a new building to replace an old building because it usually means more floor space and they will get some benefit from it. I hope that the Minister will press them very hard to consider retrofit before giving permission for a new building.
My Lords, we recognise the importance of encouraging retrofit. That is why, as part of the Planning for the Future reforms, we are looking at making it easier to support changes of use and improvements to existing buildings.
My Lords, as the Minister knows, there are two ways of getting housebuilders and developers to achieve higher standards: the national building regulations and the local planning requirements. Is the noble Lord’s Ministry looking at how these sometimes conflicting approaches could be harmonised and how the weak enforcement of local planning requirements could be better resourced to prevent housebuilders evading their responsibilities?
My Lords, we recognise the interdigitation between the national standards and other forms of regulation. That is why we started with the implementation of an interim 2021 Part L uplift for new homes as swiftly as possible, in advance of the 2025 new home standards. We are working closely with local government to ensure that consistency.
My Lords, I refer the House to my relevant interests as set out in the register. One problem is the timidity of the Government’s actions. When they had the chance to do something about this during the passage of the dreaded Housing and Planning Act 2016, the Government voted against the amendments proposed by the noble Lord, Lord Krebs, in this House and opposed them again on ping-pong. I refer the Minister to the remarks of the noble Viscount, Lord Younger of Leckie, at the time. Can the Minister reassure us that the Government are finally serious in this matter?
We are very serious about the move to a net zero economy and using planning as a vehicle to do that. Further announcements will have to await the review of the consultation that is currently being processed.
My Lords, if the Government are as serious as the Minister suggests, would it not be a good idea to review all national policy statements including, for example, on aviation, to try to make sure that all these large infrastructure decisions are made with net zero in mind? That would also give business some certainty, rather than the current situation where major developments are called in and delayed.
My Lords, national planning policy statements are a matter for the relevant Secretary of State, but I would point out that Project Speed is at the moment reviewing national infrastructure planning reform and ensuring that we build projects faster, better and, of course, greener.
My Lords, it is obvious to me from my own experience as a councillor, and from speaking to planning experts and local planning inspectorates, that they just do not have good enough, strong enough guidance from the Government. I accept what the Minister says about the review but, quite honestly, writing better information for planning inspectorates is vital. We are going to be very embarrassed at COP 26 if we do not get to grips with this.
My Lords, we believe that the current National Planning Policy Framework is clear on how planning plays an important part, but we will look to ensure that the guidance is optimised for our planning inspectors, who play an important role in ensuring that we reach the net-zero economy that we all want.
My Lords, with the news last week that Germany has reached a tipping point in the sale of electric vehicles, is it not now possible to use planning policy to make a step change and ensure that all new developments include superfast broadband, solar panels and electric vehicle charging points?
My Lords, we are moving ahead with the future homes standard. I am sure that this takes into account the points that my noble friend raised and that we will be ready, in 2025, with standards that will drive the net-zero objective.
My Lords, does the Minister agree that planning approval for new rail infrastructure should be contingent on the plan including a decarbonisation strategy, in line with the advice of both the Committee on Climate Change and the National Infrastructure Commission?
My Lords, the question relates to transport, which is not my area of expertise. However, we have published the first phase of the national decarbonisation plan for transport. I am sure that the policy experts will be looking into that, as will my colleagues in the DfT.
My Lords, the Government’s policy of incentivising a housebuilding boom could contradict their net-zero ambitions. Some time ago, the Committee on Climate Change recommended that the Government develop policies to minimise the whole-life carbon impact of new buildings. What progress has been made in this area? How would the Minister describe how the Government envisage the role for the planning system, permitted development and building regulations in delivering a sustainable built environment?
My Lords, we believe that it is possible to build homes, to grow our economy and also to decarbonise. As a nation, we have decarbonised our economy faster than any other G20 country. Our economy has grown some 78% while decreasing emissions by 44%. We have a clear set of planning policies to encourage further decarbonisation. Central to that is the future homes standard, which will be in effect from 2025.
My Lords, all supplementary questions have been asked. I congratulate the Minister, and all those involved, on that outcome. That brings us to the end of Question Time.
(3 years, 6 months ago)
Grand CommitteeMy Lords, I join in the chorus of noble Lords thanking the noble Baroness, Lady Lister of Burtersett, for securing this important debate. We have had a truly insightful and wide-ranging debate, and the contributions from across the Committee have been valuable and reflect our strong collective will to provide opportunity to all those who live in this great country. It has also been an opportunity to float some extremely big ideas, and I thank my noble friend Lady Eaton and the noble Lord, Lord Razzall, for calling for a magna carta for localism, the decentralisation of power and responsibility and the ability to be financially independent. I strongly support that direction of travel. I also note the noble Lord, Lord Grocott, on the inequality of access to power. Unfortunately, I did not go to the school which has yielded so many Prime Ministers.
The pandemic has shone a light on our society. It has shown us where we are strong, where communities have come together and where national and local government have stepped in together to great effect. However, it has also demonstrated areas of concern. There has been an increase in loneliness and isolation among many. Some communities have been more affected than others during this pandemic, and latent inequalities have come to the fore. The Government are aware and are taking action. From this devastating virus we can see that there is an opportunity to forge an even more inclusive society. We are doing this by strengthening our public services and enriching the ties that bind each of us to the other and to our nation. I will use my time to outline a few of the ways in which we are working to do this and, in so doing, will address a number of the points that have been raised.
First, I point to the issue of racial inequality, raised by the noble Lord, Lord Griffiths of Burry Port, and by my noble friend Lord Dobbs, whom I thank for recognising that this country is becoming more inclusive and more tolerant. As a Government, we are committed to ensuring that Britain is a fairer society. We will tackle racial and ethnic inequalities where they exist. That is why we established an independent commission on race and ethnic disparities to explore these issues. As my noble friend Lord Farmer pointed out, its evidence-based report builds on the work of the Race Disparity Unit and previous race-related reviews. It goes further to understand why disparities exist, what works and what does not and has presented 24 recommendations for action across government and other public bodies. It is now time for the Government to consider the commission’s independent recommendations in detail and assess the implications for future government policy, including the future provision of family hubs.
With regard to health inequalities, as raised by the noble Baroness, Lady Walmsley, new data is beginning to show the adverse impact that Covid-19 has had on life expectancy figures. It has also shone a light on the differences in health outcomes between communities. We remain committed to levelling up health outcomes so that everyone can enjoy a long, healthy life. The noble Baroness, Lady Grey-Thompson, raised health inequalities as they relate to disability. In June 2020, the Prime Minister and Health Secretary asked the Minister for Equalities, Kemi Badenoch, to lead cross-government work on the health disparities seen during the pandemic, and she will continue to work on ensuring that we address this. The Government have invested £4.5 million in research to underpin that work.
With regard to equalities, creating the conditions where people are given equal access to opportunity is a fundamental part of the Government’s vision for an inclusive society. We have therefore created an integrated, joined-up Equality Hub in the Cabinet Office, at the heart of government, which will report to Ministers who have other portfolios outside the Cabinet Office, led by the Minister for Women and Equalities. In response to the noble Baronesses, Lady Lister and Lady Fox, I will ensure that the Government listen to the issues raised in this debate. The hub will have a key role in driving government priorities on equality and opportunity. It has a particular focus on improving the quality of evidence and data about disparities and the types of barriers that different people face.
As part of this, the equality data programme will link and analyse government datasets, identifying where individuals have multiple barriers to opportunity and informing policy work in the Equality Hub and across government. This includes statutory protected characteristics but also other aspects of inequality, including socioeconomic and geographic inequality. That gives an opportunity for the Equality Hub to consider the points raised by the noble Lord, Lord Touhig, on autism and employment and wider issues about access to employment as well as the issues that my noble friend Lady Mobarik raised about widening opportunity and improving the skills agenda and the points raised by the noble Baroness, Lady Sherlock, who spoke about the Reset the Debt report—I have not yet read that, but I am sure that the Equality Hub will look into it in great detail. This will also be an opportunity to learn the lessons from the book by the husband of the noble Baroness, Lady Healy, The Dignity of Labour, as well as potentially to invoke some of the Bismarckian solutions raised by the noble Lord, Lord Jones.
The noble Baroness, Lady Ritchie of Downpatrick, and many other noble Lords raised the Government’s commitment to levelling up. This approach to inclusivity drives up our levelling-up agenda. The UK Government are committed to levelling up across the whole of the United Kingdom, between and within areas, to ensure that no community is left behind, particularly as we recover from the Covid-19 pandemic. We have therefore established a £4.8 billion funding pot for investments in infrastructure to improve everyday life across the UK. This includes regenerating town centres and high streets, upgrading local transport and investing in cultural and heritage assets. In addition, we are launching a community ownership fund to help ensure that communities across England, Scotland, Wales and Northern Ireland can support, and continue benefiting from, the local facilities, community assets and amenities most important to them.
Beyond levelling up, we are also committed to integration and ensuring that people across the UK feel a connection to society and one another. We have developed innovative programmes to address the issue, working closely with local authorities and community partners. The United Kingdom is generally regarded as well integrated; 84% of people report belonging strongly to Britain, and 81% say that their local area is a place where people from different backgrounds get on well together. Of course, there is always more work to be done, and we have forged a partnership approach between national and local government on our integration area programmes, testing a localised approach that supports partners in local areas across England to work together to build more united communities and places.
English language teaching is also a crucial part of promoting inclusivity and integration and, indeed, was a core manifesto commitment. We know that a lack of English presents a clear barrier to social and economic mobility. The Government are proud of their record in this space, which includes our ESOL for Integration Fund, supporting highly localised, community-based English language learning in areas of greatest need.
The noble Baroness, Lady Lister, also called for an increase in the welfare safety net, and the noble Baroness, Lady Brinton, invoked the spirit of John Stuart Mill. The Government are committed to delivering a modern, fair and affordable welfare system. This is especially important as we come out of the pandemic, which is why we will spend more than £57 billion on benefits to support disabled people and people with health conditions in 2021-22. That represents around 2.6% of GDP. This is a significant chunk of total welfare spending in Great Britain, which will be £241 billion in 2021-22. That is 23% of total government spending and around 10.7% of GDP.
The noble Lord, Lord Roberts of Llandudno, raised and highlighted the importance of digital connectivity. The noble Baroness, Lady Drake, and the noble Lord, Lord Whitty, also highlighted the digital divide that affects marginalised communities. To tackle the digital divide and support connectivity, the Government have worked closely with providers to ensure that social tariffs that provide low-cost landline and broadband services for those on means-tested state benefits are in place. DCMS has launched a £2.5 million Digital Lifeline Fund that will provide devices, data and support to 5,000 adults with learning disabilities. On 10 March, the Secretary of State for Digital, Culture, Media and Sport announced 10 technology priorities to support the digital tech sector and drive digitally-enabled growth, both in the context of Covid-19 and into the future.
My noble friend Lady Eaton, the noble Baroness, Lady Jolly, and the noble Lord, Lord Razzall, raised adult social care. The Government are committed to sustainable improvement of the adult social care system and will bring forward plans for reform later this year. Our objectives for adult social care reform are to enable an affordable, high-quality adult social care system that meets people’s needs while supporting health and care to join up services around people.
The right reverend Prelate the Bishop of Gloucester, the noble Baronesses, Lady Lister and Lady Tyler, and a number of other noble Lords raised the issue of children. As a Government, we are investing £84 million in the strengthening families, protecting children programme and £17 million in the investing in practice programme. Since 2014, our innovation programme has invested almost £200 million in 98 projects that are enabling local authorities to test new approaches to supporting children in the social care system. We have provided an additional £12.4 million in 2021 to support 14 innovation programme projects to continue delivery and extend their evaluations to capture further learning.
The noble Baronesses, Lady Benjamin, Lady Massey of Darwen and Lady Lister, and many others called for a Cabinet member for children. As a humble Minister, I am all for Cabinet inflation, and I will do my best to lobby for my friend—a university contemporary of mine—who is the incumbent Minister for Children and Families to see what we can do about ensuring that there is a Minister of Cabinet rank for children.
The noble Baroness, Lady Benjamin, raised Part 3 of the Digital Economy Act. In October 2019, the Government announced that they would deliver the objective of protecting children online through the online harms regulatory framework instead of Part 3 of the Digital Economy Act 2017. The online safety Bill will be ready later this year and, in answer to the noble Baroness, Lady Brinton, I am sure that we will address the issues of cyberbullying within that context.
A number of noble Lords, including the noble Baronesses, Lady Whitaker and Lady Miller of Chilthorne Domer, and the noble Viscount, Lord Thurso, raised the issue of education. Education is a big piece of the puzzle when it comes to inclusivity and represents a significant challenge, with schooling so disrupted during the pandemic. To tackle this, the Department for Education recently announced a £700 million package for the expansion of one-to-one and small-group tutoring programmes, as well as supporting the development of disadvantaged children in early years settings and summer provision for those pupils who need it most.
We also recognise the important role of out-of-school settings such as extracurricular clubs, youth organisations and tuition centres, in providing enriching activities, giving children the opportunity to socialise with others and promoting their well-being. This remains a priority for the Government. Therefore, as of 12 April, in line with the commencement of step 2 of the Government’s roadmap, out-of-school settings can offer provision to all children, without restriction on the reasons for which they may attend.
This is all part of the Government’s recognition that levelling up and pursuing socioeconomic equality is a cross-government endeavour. The Social Mobility Commission plays a major part in this and has recently moved to a team in the Cabinet Office, to ensure that this is led from the heart of government.
The noble Baroness, Lady Walmsley, and other noble Lords raised the issue of homelessness. We know that this continues to be a scourge on our society. In 2020-21, we put in place a total of over £700 million on homelessness and rough sleeping, as well as an unprecedented level of support to tackle these over 2021-22. This includes £676 million in resource funding, a 60% increase compared to the spending review in 2019. The Government will be spending over £750 million to tackle homelessness and rough sleeping this year, further demonstrating our commitment to end rough sleeping during this Parliament and to fully enforce the Homelessness Reduction Act.
The noble Lord, Lord Best, raised the issue of social housing. The Government are committed to increasing the supply of affordable housing and are investing over £12 billion in it over five years. That is the largest investment in affordable housing in a decade. This includes £11.5 billion in the affordable homes programme, which will provide up to 180,000 new homes across the country, should economic conditions allow. In answer to the noble Baroness, Lady Campbell of Surbiton, we are still analysing responses to the consultation on raising accessibility standards for new homes. I am sure that our response will follow imminently.
Turning to arts and culture, the Government are committed to equal rights for all, and firmly believe that everyone, regardless of their background, should have the opportunity to build a successful career in the creative industries. To this end, we have invested over £2 million in the creative careers programme in partnership with industry, leading to over 113,000 student interactions with over 1,000 creative sector employers. We also recognise the value that apprenticeships play in enabling people of all backgrounds to progress in work, earning as they learn, and the Government are committed to further levy reform.
Last year’s £1.57 billion support package for the culture sector by the Government was unprecedented. To date, £1.2 billion has been allocated from the Culture Recovery Fund, reaching over 5,000 individual organisations and sites. These range from world famous heritage sites such as Canterbury Cathedral to the great Glastonbury festival, and from West End theatres to the Wolverhampton Grand. Museums will continue to play a key community role as places that bring people of all backgrounds together for learning, enjoyment and inspiration, as well as providing a space for civic activities and reflection.
Beyond the important work being undertaken by the Government, I would like to take a few minutes to focus my final remarks on what my department is doing, and what I am doing within my portfolio, to build an inclusive society. We have discussed the many impacts of Covid—not least the disproportionate impacts felt by some groups, which has been a constant theme of the pandemic. I thank the noble Baroness, Lady Lister, for asking me specifically what steps the Government have taken to listen to marginalised groups who have suffered most during the pandemic.
Through the community champions scheme, the Government are providing almost £24 million for local authorities and voluntary groups to support those who are most at risk from the virus. This includes providing people with targeted public health messaging as well as information on the vaccination programme to allay the fears of those who might be unsure about getting a jab. The communities involved in the community champions scheme are varied and include: black and minority ethnic communities; at-risk young people; Gypsy, Roma and Traveller communities; groups with disabilities; the elderly; the homeless; asylum seekers; and refugees. We are rightly very proud of this scheme because it represents the best of national and local partnerships.
I agree with the right reverend Prelate the Bishop of Gloucester on the importance of our faith communities. We cannot expect to make progress on fostering an inclusive society without them. They represent fundamental pillars of civil society engagement. Throughout the pandemic, faith communities and places of worship have provided solace to many people, not only for spiritual well-being but also by offering a multitude of support services, often in partnership with local authorities. These are collaborative efforts that I want to see continue in the post-pandemic landscape.
We are working closely with the Gypsy, Roma and Traveller communities; the noble Baroness, Lady Benjamin, highlighted some of the issues faced by Traveller communities in particular. We know that they face challenges in terms of educational, social and health outcomes, which can lead to greater societal exclusion. We have been working to improve these outcomes, but we recognise that we need to go further. We will soon publish a cross-government GRT strategy.
Unfortunately, we know that hate crime continues to undermine efforts across the United Kingdom to make our country a prosperous and inclusive place to live. The latest figures show that hate crimes are increasing. There is an upward trend in these figures, partly fuelled by people’s confidence to step forward to report these crimes. I am appalled at the attacks that Chinese and east and south-east Asian communities have endured during the pandemic. I convey my sympathies to all those who have suffered discrimination and abuse. I could not be more adamant that all forms of hatred, including that based on race, are unacceptable and will not be tolerated. We have one of the strongest legislative frameworks in the world to protect communities from hostility, violence and bigotry and deal with the perpetrators of hate crime.
Finally, I want to take this opportunity to put on record formally that we wholeheartedly welcome Hong Kong British nationals (overseas) into this country. We are delighted that Hong Kongers are choosing to come to this country. Facing restrictions on their freedoms, they have taken up the British Government’s generous offer of providing a pathway to live in the United Kingdom. I am delighted that Hong Kong families coming here on the basis of the Hong Kong BNO visa route will benefit from a dedicated £43-million package of support to help them settle successfully into life in this country. As my right honourable friend the Communities Secretary said recently:
“We are a champion of freedom and democracy and will live up to our responsibilities to the people of Hong Kong, so that these families will come to find the UK a place they can call home.”
I could talk for far longer on the need to build an inclusive society following the pandemic and what the Government will continue to do to ensure that we build on the work already taking place. By ensuring that communities have every opportunity to succeed, there is a clear route to an inclusive society where all citizens can achieve their aspirations, no matter their background. We do not underestimate the scale of the task. Indeed, it is one of the biggest long-term challenges that we will continue to face, but we stand ready to tackle it and we will do all we can to continue to make the United Kingdom an inclusive place to live.
I call the noble Baroness, Lady Lister of Burtersett, who initiated this important debate, to bring it to a conclusion.