United Kingdom: The Union

Lord Greenhalgh Excerpts
Thursday 23rd June 2022

(2 years, 5 months ago)

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Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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My Lords, I thank the noble Lord, Lord Lisvane, for securing this debate on such an important topic. I also enjoyed the valedictory speech of the right reverend Prelate the Bishop of Blackburn. He raised two important issues in a succinct contribution: the role of the monarchy in holding the union together, which is fundamental—we saw this with the Platinum Jubilee—and the role that faith communities, communities of all faiths, play in our lives. For a time, until the first reshuffle, I was the Communities Minister and had responsibility for faith. I was able in my last few days to launch the Faith New Deal, which was a way to put money into projects to work with faith communities to improve the lives of everybody in this United Kingdom.

The United Kingdom is a family of nations and a nation of families, standing up for and embodying in its institutions liberty under the law, respect for all, fair play, free trade, parliamentary democracy and progress. In response to the points made by my noble friend Lord Norton, the union is very much a living political, cultural and economic success story. As he pointed out, there is so much to gain from the union. When we act together as one United Kingdom, we are safer, stronger and more prosperous.

The union also provides safety and security, allowing all parts of the UK to benefit from the economies of scale offered by our shared resources and our ability to influence on the international stage. It enables us to protect the values we hold in common across our United Kingdom. I think a noble Lord called into question whether we would retain a seat on the Security Council. Clearly, that is somewhere where we gain great stature as a United Kingdom.

I also reaffirm that we are absolutely committed to devolution. Devolution offers citizens the best of both worlds. It allows decisions to be taken closer to the communities they affect, while still benefiting from the broad shoulders the union provides. The noble Lord, Lord Wallace, mentioned the English question, but we recognise that it is important to celebrate devolution. That is why we launched the levelling up White Paper with a commitment that, by 2030, every part of England that wants a devolution deal will have one. Devolution is critical to delivering levelling up, supporting local leaders so they can more flexibly and innovatively respond to local needs, whether on transport, skills or regeneration.

We are also committed to working collaboratively with the devolved Governments in Scotland, Wales and Northern Ireland. Many noble Lords mentioned that in January 2022, we marked a new chapter in intergovernmental relations with new principles and structures for working together, agreed after a joint review. Each Government have agreed to operate under the improved arrangements and to move forward together with implementation of this new system. I point out to my noble friend Lord Norton, who called for comity, which, I believe, is an association of nations for mutual benefit, that we are absolutely committed to translating both the spirit and the content of the new arrangements into consistent approaches and actions. Already, more than 10 portfolio-level inter-ministerial groups are fully up and running, and the two middle-tier inter-ministerial standing committees have each met at least once. We have a Minister for Intergovernmental Relations; I am in his department, and that is why I am at this Dispatch Box. The Minister has had 80 meetings, I think, in the past year on aspects of the union, and there have been 440 inter-ministerial meetings with Governments. We show a real commitment to working collaboratively with the devolved Administrations.

It is hard to characterise the working relationship as one of imperial condescension when the facts are that we are providing 20% more funding per person as part of the spending review. That is 26% more per person for the Scottish Government, 20% more per person for the Welsh Government and 21% more per person for the Northern Ireland Executive. These are substantial sums of investment into the other nations.

I return to the point raised by the noble Baroness, Lady Hayman, about taking forward my noble friend Lord Cormack’s idea. We believe that interparliamentary relations were strengthened by structures such as the Interparliamentary Forum on Brexit, and the Government will consider further developments in this area. Should the Speakers of each House whish to explore setting up such a forum, we will consider supporting it. We will take that away from this debate and consider it in due course.

One of the comments of the noble Viscount, Lord Waverley, was on Civil Service capability. We have implemented the vast majority of the recommendations of the Dunlop review, and we have a programme to enhance the devolution knowledge and intergovernmental working of civil servants, enabling them to deliver more effectively when designing and implementing policies—it is important to have that underpinning.

Further to getting devolution to work, we started the process of city and growth deals, which began in 2014, with a joint agreement between the UK Government and the relevant devolved Governments, local authorities and partners from the public, private and education sectors. The UK Government have so far committed almost £2.9 billion in funding across 20 such deals in Scotland, Wales and Northern Ireland, including almost £1.49 billion in Scotland, £791 million in Wales and £617 million in Northern Ireland. We continued this good work by reaching a landmark agreement with the Scottish and Welsh Governments to work together to deliver two new freeports in Scotland and one in Wales.

Comment was made on the common frameworks that have been developed. The common framework programme is an integral part of our consensual approach to the union. Throughout its development, the programme has embodied the spirit of openness and transparency with the devolved Governments. It has enabled us to manage regulatory divergence covered by the programme in a way that works for consumers and businesses in the union. We are working closely with colleagues in Scotland, Wales and Northern Ireland to publish the six remaining frameworks for scrutiny by Members of this House and the devolved legislatures. Ministers within the UK Government and the devolved Administrations play an important role in scrutinising and approving those frameworks.

I turn to Northern Ireland. It is vital that the parties form an Executive as soon as possible—that continues to be this Government’s central message. Northern Ireland has the best of both worlds when it has a stable Northern Ireland Executive backed up by the support and strength of the UK Government. The New Decade, New Approach agreement previously restored the devolved institutions after a three-year impasse. As set out in legislation, this agreement provided for a period of up to 24 weeks for Northern Ireland’s political representatives to restore functioning devolved institutions. The Government expect the parties to make full use of this time to engage with one another in earnest to restore fully functioning devolved institutions at an early stage. The people of Northern Ireland need a stable and accountable Government who deliver on the issues that are important to them, which is why we continue to urge the parties to come together and form an Executive as soon as possible.

The noble Lord, Lord Lisvane, the noble Viscount, Lord Stansgate, and the noble Baroness, Lady Hayman, all mentioned the proposed legislation introduced last week, which aims to fix the practical problems that the Northern Ireland protocol has created. We believe that the legislation avoids a hard border, protects the integrity of the United Kingdom and safeguards the EU single market. However, it is our preference to resolve this through talks; our door remains open, but the EU has so far not been willing to change the protocol, which is necessary to deliver the solutions needed for Northern Ireland.

The union’s strength and its value have been displayed time and again over recent years, from providing up to £400 billion in Covid support to individuals, businesses and public services, including 1.7 million jobs in Scotland, Wales and Northern Ireland, to having regular meetings with devolved government Ministers to discuss the illegal and unprovoked invasion of Ukraine and agreeing the UK-wide approach for settling Ukrainian refugees.

Now more than ever, we should pool our collective efforts in addressing the most pressing problems of the day. That is why our citizens expect our focus not to be on divisive activities that threaten our union. As the noble Lord, Lord Bruce, said, Scotland has not voted for independence. I am pleased that my noble friends Lord Strathclyde and Lord Cormack stand firm in preserving the union and, in the case of my noble friend Lord Cormack, campaigning through his son against Scottish independence. As the Government have said many times, this is not the time to be talking about referenda. The people of Scotland rightly expect both their Governments to work together and place their full focus on the issues that really matter. That is what is important at this time.

Last year’s Autumn Budget provided the largest annual block grants in real terms of any spending review settlement since devolution in 1998—that is real commitment—and included the first allocation of the UK-wide funds, including the levelling-up fund and the community ownership fund. The Spring Statement set out measures to support citizens across the United Kingdom with shared challenges, not least the cost of living. Since then, families and businesses across the UK have benefited from a 12-month cut in fuel duty, and millions of UK households are eligible for access to a £15 billion package of targeted support.

We are taking specific action in Scotland, Wales, Northern Ireland and England, including putting local voices at the heart of decision-making through the UK shared prosperity fund, launching an innovation accelerator in Glasgow City Region and establishing a UK national academy to provide a first-class education to all children in the United Kingdom.

Levelling up is a national effort that will require all levels of government to use the levers at their disposal. We look forward to ongoing collaboration with the devolved Governments on this crucial work and will support our citizens to take advantage of opportunities wherever they may live, for that is in the best interests of our union.

I hope that I have made it clear that this Government are doing what we believe to be in the best interests of the union and the citizens who live in every part of it. We will continue the mission to deliver a strong, prosperous and united kingdom, one which stands strong on the world’s stage.

Housing: Private Renters

Lord Greenhalgh Excerpts
Wednesday 22nd June 2022

(2 years, 5 months ago)

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock
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To ask Her Majesty’s Government, further to their English Housing Survey: a segmentation analysis of private renters, published on 16 June, what plans they have to improve conditions for private renters.

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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First, I declare my residential and commercial property interests as set out in the register. Our White Paper sets out how we will provide a better deal for renters and our commitment to consult on introducing a decent homes standard in the sector—the first Government ever to do so. This will mean that homes must be free from serious hazards and disrepair, warm and dry, and with decent facilities. We will also provide councils with the powers they need for robust and effective enforcement to drive up standards.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, by planning to remove Section 21, the Government have rightly recognised that security of tenure is one of the biggest issues for renters. The White Paper talks about the need to protect renters from evictions while also talking about making the eviction process as straight- forward as possible. The Government say:

“After eviction, tenants cannot always find suitable housing nearby, interrupting their employment and children’s education”,


yet the White Paper also says:

“Claim forms for possession will be simplified and streamlined for landlords.”


I ask the Minister for clarification: is it the Government’s aim to make it easy for landlords to get their house back at short notice even if the tenant is not at fault, or is it to give tenants security and to protect them from the cost of unwanted moves?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, the purpose of this 12-point plan of reforms is to ensure that we balance the interests between landlord and tenant, but first remove the Section 21 no-fault evictions. In doing so, we are enhancing the grounds around Section 8 so that it is easier to remove tenants who disrupt the community and cause persistent anti-social behaviour, while bringing grounds for egregious rent arrears and moving and selling grounds, because landlords have a right to ask the tenant to leave if they need to sell the property. We are making those grounds work for the landlord so that we can remove Section 21. It is all about balancing those interests.

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I warmly welcome the measures that my noble friend announced on Monday, which will improve the terms of trade for private tenants, particularly against bad landlords. But is there not a risk that these bad landlords see the legislation coming and, before it is enacted, introduce leases that deny tenants that protection? Is it not imperative that this legislation is introduced as soon as possible and, if possible, backdated to the time of its Second Reading?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I always appreciate my noble friend’s eagle eye. We do not want landlords gaming the system, and we want to make it very clear that any abuse of the future system will not be tolerated. We are committed to ensuring that local councils will have the right powers to crack down on any rogue practices such as those that my noble friend has outlined.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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My Lords, on Monday, in response to my letter about landlords leaving long-term lettings in favour of the more lucrative Airbnb, particularly at a time of increasing demand, the Minister replied that the English Housing Survey says that we are seeing some landlords leaving but an equal number coming in. Can the Minister tell us the source of the statistics that allow the Government to make that assertion, against mounting evidence to the contrary? I could not find it in the quoted English Housing Survey, nor the Government’s Private Landlord Survey, and the National Landlords Association could not help either. This is a vital piece of data, given what we believe is really happening on the ground.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I suppose I should always be very careful about giving data. In response in the other place, the Minister—who was driving forward with the 12-point plan—made it clear that we are seeing as many landlords leaving the sector as we are seeing entering the sector. I will go back and find the data that underpinned my remarks in the debate we had earlier this week.

Baroness Watkins of Tavistock Portrait Baroness Watkins of Tavistock (CB)
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My Lords, does the Minister agree that part of the problem with the private rental sector is that many people in it would rather be in social housing at a fair rent, and that, because of a shortage in that housing, private landlords are often able to exploit some of the most vulnerable in our society? What could we do about that in the future, to increase social rented?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, it is important to recognise the balance of having more tenants who cannot afford renting in the private sector having social or affordable homes. That is why we have an £11.5 billion Affordable Homes Programme, and we are seeking to double the amount of social rented homes that we build to 32,000, because clearly, the housing benefit bill has been growing astronomically and we need to contain that over time.

Lord Grocott Portrait Lord Grocott (Lab)
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Agreeing as I certainly do with the thrust of the previous four questions, I ask whether the Minister can confirm that in the last 20 years, the proportion of households living in private rented accommodation has doubled, whilst the proportion of owner-occupiers has reduced and the proportion living in social rented accommodation has reduced dramatically. This is despite the fact, as the previous questioner has pointed out, that the private rented sector is often the most expensive and certainly the least popular of the various forms of tenure. Is the Minister satisfied with these trends and is he happy for them to continue, or does he not think that it would be preferable to enable more people to move into the owner-occupied sector or the social rented sector, and stop this huge rise in the private rented sector?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I am not going to glorify one type of tenure over another. The noble Lord is right, however, in the sense that we have seen a doubling of the amount of private rented, but it is approximately the same proportion of the amount of housing stock: it has broadly stayed around 19%. You can look at percentages, or at the absolute amount. One of the benefits of Governments over the last few decades is that the proportion of non-decent private rented sector homes—those with category 1 hazards—has come down dramatically. In 2006, to pick a date at random, it was 46%. It is now down to 21% of homes, which is still too high, but that is why we are bringing in these measures, to drive that down even further. For young people, who are mobile, private renting is often a very good option and I am not going to knock it, but we do recognise that we need to build more homes for sale and have more social homes. I acknowledge that, but let us not put one form of tenure ahead of another.

Lord Bird Portrait Lord Bird (CB)
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Can we look at this in a very cautious sort of way? I am glad that the Minister used the word “balance”. I remember the Rent Act 1965, which was so well-intentioned that it led to a 25% fall in the amount of rented accommodation. The reason for that was that they did not keep the balance, and in the private sector, probably more than any other housing sector, we need to keep that balance, so that it looks as though both sides win.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I am not sure I detected a question, but I am completely with the noble Lord in spirit, in the sense that it is an important comment. We need to recognise that landlords have a choice. We need to make sure that it works for tenants but also that when landlords have reasonable grounds to recover their property, those conditions are in place. These reforms seek to get that balance right.

Lord Brooke of Alverthorpe Portrait Lord Brooke of Alverthorpe (Lab)
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My Lords, can the Minister reaffirm the assertion he made that the fundamental problem we have is an overall shortage of accommodation, with a growing population? In those circumstances, what policy do the Government have—any radical turn? Does he not recognise that many people now want to stay at home, do not want to work in offices and do not want to go to retail premises, which are now declining? Waitrose is converting some of its property into homes. When will the Government encourage people to stay at home? Then, we can use offices and retail premises to create more accommodation.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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That is a very reasonable point. In a sense, we have to recognise that the world is changing and that there are opportunities to build more homes. We see that in the urban setting, where retail will diminish; people are buying online far more than before. Equally, I talk to my friends who live in the country—I am a city guy—who say that there are also agricultural areas that could easily be rezoned to provide opportunities for growth. We need to look at that, and that is why we are bringing forward the Levelling-up and Regeneration Bill to look at how we reform the planning system so that we get the right use of the right places and grow in the right way.

Baroness Wheatcroft Portrait Baroness Wheatcroft (CB)
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My Lords, many local authorities borrowed money to invest in commercial property; they were not allowed to borrow money to invest in social housing. I wonder whether the Minister can tell the House how much money those local authorities that invested in commercial property have now lost, and how much they might have bettered themselves and the country had they been able to invest in social housing.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, as someone who was a local authority leader for six years and in local government for 20 years, I know that not all councils invested in commercial property. We have some examples, such as Croydon, that got into that sort of game, but I do not think it was something that most councils did. Most councils have been seeking to get back into the council house building business. In 2018 we removed the cap on the housing revenue account, and I think it is great that this generation of council leaders are building more council homes for their residents. Proper oversight will ensure that the sorts of practices that the noble Baroness mentions are kept to the absolute minimum. If necessary, we will move in to take over control if it gets really bad.

New Homes Commitment

Lord Greenhalgh Excerpts
Tuesday 21st June 2022

(2 years, 5 months ago)

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Lord Young of Cookham Portrait Lord Young of Cookham
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To ask Her Majesty’s Government whether they remain committed to building 300,000 new homes a year.

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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Delivering new homes and regenerating left-behind communities are central to our levelling-up mission and we remain committed to our ambition of delivering 300,000 homes a year. We have made progress, with more than 2 million additional homes being delivered since April 2010. Over 242,000 homes were delivered from April 2019 to March 2020, which is the highest level for over 30 years.

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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I am grateful to my noble friend. The Construction Industry Training Board has forecast that we will need an additional 266,000 construction workers over the next three years if demand is to be met—and that is in an industry already facing shortages. What action can my noble friend take to see that those numbers are met? If there is to be a shortfall in output, can he ensure that that does not fall on the affordable sector of the market?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My noble friend is right that there has been a recent report by the CITB, but I point out that that shortfall is for the whole of the construction industry, not just housing. We have significant cross-government intervention and investment in skills, and the CITB made £110 million available in training grants to support 14,000 businesses. However, we continue to recognise—this was picked up by the Federation of Master Builders—that there are stresses and strains in terms of labour and materials. The Government are working hard to overcome these.

Baroness Warwick of Undercliffe Portrait Baroness Warwick of Undercliffe (Lab)
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My Lords, I declare an interest as chair of the National Housing Federation, which estimates that we need 90,000 social homes a year in England. Can the Minister tell us how the Government will ensure that their reforms in the planning system contained in the Levelling-up and Regeneration Bill will help deliver that much-needed social housing?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, there is a real commitment to build more social housing, including more affordable housing. As the noble Baroness knows, the programme is for some £11.5 billion, with a target of double the number of social rented homes in this particular grant period than the previous one. The Levelling-up and Regeneration Bill recognises that, in order to get the housing, we need the infrastructure in place and must ensure that neighbourhoods have mixed communities at their heart. That is what the Bill is planning to do.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, can the Minister tell us that all the new houses will be built with a high level of insulation, the quality of which is properly inspected, and will not be fitted with gas boilers but will be heated by renewable energy?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, we recognise that in order to meet our net-zero commitment we need to implement the future homes standard, which comes in, I believe, in 2025. Building regulations will reflect that ambition to ensure that we build not only more homes but more sustainable homes that use heat pumps and other devices to meet that target.

Lord Moylan Portrait Lord Moylan (Con)
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My Lords, I declare my interest as a member of the Ebbsfleet Development Corporation board. Does my noble friend agree that many public bodies would be willing to get on with delivering homes if they had access to the brownfield infrastructure land fund? Nearly three months into the financial year, can my noble friend say when the allocations from that fund will be announced?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, £550 million has been allocated to seven mayoral combined authorities. However, we recognise that we need to announce the availability of funding for smaller brownfield sites, which will happen very shortly.

Lord Best Portrait Lord Best (CB)
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My Lords, the Minister will know that half of all the affordable housing that is produced annually within the 300,000 target comes from the planning obligations on housebuilders. Can he reassure the House that the planning reforms in the levelling-up Bill will not diminish the amount of affordable housing that housebuilders have to produce, since we need to double the output of affordable housing and not halve it?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I can give an assurance that the Levelling-up and Regeneration Bill recognises the role of building more housing, including more affordable housing. We are trying to ensure that there is a more transparent approach to the levy. There is reform around the current community infrastructure levy to get that right and to make sure we get a proper contribution to affordable housing in the coming years.

Lord Mackenzie of Framwellgate Portrait Lord Mackenzie of Framwellgate (Non-Afl)
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My Lords, has there been a detailed assessment of the decision by Mrs Thatcher to sell off council houses 40 years ago in the light of chronic shortages of houses for sale and rent at affordable prices? Are the Government positively encouraging local authorities to increase their public housing stock?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, we can prima facie assess that 2 million people chose to buy their own council home and are now homeowners as a result. We make no apology for that. We want to make sure that, in spreading the ability for housing association tenants to buy their own homes, we design the scheme in a way that enables the homes sold to be replaced on a one-for-one basis, which I think everyone can get behind.

Lord Lilley Portrait Lord Lilley (Con)
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Can my noble friend confirm that an unbelievable 1 million people were given the right to come and settle in this country last year? Even if we assume that 300,000 return or emigrate, can he confirm that the remainder—even if they occupy houses at twice the density of the indigenous population—will use up half of the houses we build every year?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I recognise that this has been a very welcoming country. We have welcomed refugees from Afghanistan and there has been the very successful programme of welcoming British Hong Kongers to this country. We make no apologies for that. We recognise that there is a need to hit our new-build housing targets and that those will be homes for people who have come to this country for a better life, but we need homes for the younger generations as well.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, the housebuilding index produced by the Chartered Institute of Procurement & Supply found that, last month, residential construction slowed to levels last seen during the first Covid lockdown. What assessment has the Minister made of the impact this will have on house prices and private rents?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I do not recognise the cataclysmic drop since the pandemic. We hit a record number, as I pointed out, in 2020-21; there was a slight falling back, but all our internal assessments are that we will see a rebound and that the dip this year will not be pronounced or continue into the mid-decade. Hitting 300,000 is a stretching target, but we will see increasing numbers in the years to come.

Lord Bishop of Blackburn Portrait The Lord Bishop of Blackburn
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My Lords, is it possible for a developer to pay the local authority a certain sum of money to be relieved of its responsibility, and for that local authority then to use the money elsewhere? I hear that is happening in other parts of the country.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I do not recognise that you can discharge your responsibility. That is almost describing a bung—I do not think that happens. If there is an affordable housing requirement, you can choose to discharge that off-site, but you still have the requirement to deliver it. We see that in some areas where there is very high-value housing; it is simply more economic to build it elsewhere. I do not recognise that, but if the right reverend Prelate has specific examples, I am happy to look into them.

Viscount Waverley Portrait Viscount Waverley (CB)
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My Lords, it is said that pressure on housing supply is often at the expense of regional and national economic development, and that government departments work on their own strategies in silos to the detriment of the broader strategy. Can the Minister give assurance that this is not the case and that he will take up the cause if evidence is presented to the contrary?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I recognise that we cannot look at housing in isolation; we need to get investment in the infrastructure and other factors to allow for growth. It is a good start to have had a £10 billion investment in housing supply since the start of this Parliament, but there is also investment to enable brownfield sites to be built out rather than the—sometimes easier—greenfield sites. We want to see brownfield development and that requires infrastructure, and the money is in place to do precisely that.

Lord Naseby Portrait Lord Naseby (Con)
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My Lords, is it not time that we had a meaningful new towns project which would benefit both owner-occupation and social housing throughout the United Kingdom?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I think we need to find ways of coming up with new town projects but to do that we need the infrastructure, the transport, the roads and the rail, and that is why we recognise that a programme just to build homes is not enough. We need to get that in the round, and we are taking it forward as part of the Levelling-up and Regeneration Bill in this Session.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I was very pleased to hear the Minister say enthusiastically last night that we need more affordable housing and social housing, and that the Government were happy to look at ideas. There are currently 500 projects for community land trust homes, creating 7,000 new homes around the country. Will the Government look at how they can encourage further this model of providing homes in perpetuity, of a structure and type decided by local communities for local communities?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I think there is quite a degree of interest in how community land trusts can operate; Coin Street is an example, and I believe there are other examples in Watford. We are happy to take all ideas, including how we can use community land trusts as a vehicle to deliver more affordable housing.

Leasehold Reform: Forfeiture Provisions

Lord Greenhalgh Excerpts
Monday 20th June 2022

(2 years, 5 months ago)

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Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as a leaseholder.

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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My Lords, I declare my residential and commercial property interests as set out in the register. The Government believe that forfeiture is an extreme measure which should be used only as a last resort. In practice, forfeiture happens very rarely, and the leaseholder may apply for relief from forfeiture subject to the court’s discretion. We asked the Law Commission to update its 2006 review of forfeiture law, Termination of Tenancies for Tenant Default, to account for wider leasehold reforms currently under way, and we are considering what action may be needed.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, there is a desperate need for root and branch leasehold reform. Does the Minister agree that the execution of forfeiture, or even the threat of forfeiture of a lease on a home, to recover a debt or deal with a dispute is totally disproportionate in comparison with the value of the asset, and that what should be in place is a simple procedure to recover the debt or deal with the issue at hand commensurate with the issue or the value of the debt concerned?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I agree with the noble Lord that forfeiture is an extreme measure. We have asked the Law Commission to look into this and it has come back not with removing forfeiture but with simplifying the process, making it more transparent and coming up with a mechanism that is more proportionate. We are considering these as part of the second stage of our leasehold reform.

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, does my noble friend recall saying on 9 June last year that it was the Government’s aim to complete the leasehold reform programme in this third Session of Parliament? Is that still the case, because the Bill was not in the Queen’s Speech? If it is not, can we at least have a draft Bill in this Session so that we can hit the ground running in the fourth?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I always thank my noble friend for his interventions. We want to move forward with the second stage of leasehold reform. It will not be part of the third Session but there is a commitment to this Parliament. My noble friend is right that we can use this time to get a Bill drafted. We will take time so that we can get it through Parliament as soon as possible at the beginning of the fourth Session.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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My Lords, I look forward to the leasehold reform.

Two weeks ago, I attended a meeting of leaseholder residents in a block of retirement flats. It will be no surprise to the Minister that their main complaint was the exorbitant increases in management fees, with no transparency of cost or answers as to why the increase had in one year gone from 5% to nearly 16%. When will the Government finally put a stop to this obfuscation and general bad practice by regulating management companies, as advised by the Government’s own expert working group, chaired by the noble Lord, Lord Best, back in 2019?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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Once again, the noble Baroness is right that we need to sort out some of the practices that we see among managing agents. We are still considering how to take forward the recommendations of the noble Lord, Lord Best, but as noble Lords know, there is also a move to introduce voluntary codes, which I hope will elevate this. Overall, we need to see professionalisation of managing agents.

Lord McFall of Alcluith Portrait The Lord Speaker (Lord McFall of Alcluith)
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My Lords, we have a virtual contribution from the noble Lord, Lord Campbell-Savours.

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Lord Campbell-Savours Portrait Lord Campbell-Savours (Lab) [V]
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My Lords, with vulnerable, low-income elderly groups in this highly inflationary period facing unaffordable, escalating service charges and possible loss or even forfeiture of their homes, why not promote or sponsor a national scheme for elderly leaseholders that rolls up service charges in the form of a debenture against property title—effectively a rising legal charge? The debenture holder would pay the service charge on behalf of the resident, and then claw back payments—interest-serviced or otherwise—on death or even before.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I thank the noble Lord for some exciting policy ideas. It is important that we recognise that forfeiture is a very lengthy process, and there are ways in which we can cover debt. In fact, where there is an outstanding mortgage, you typically find that mortgage companies step in and pay off any remaining amounts, because they want to protect their financial interest in a property that is worth far more than the debt. But it is an idea that I will take back to the department.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, I declare my interests as set out in the register. I support fully the Government’s intentions for urgent leasehold reform; I look forward to seeing the legislation. Does my noble friend agree that it is really important to ensure that landlords are still incentivised to let their properties? With the shortage of housing that we have, it is important to balance the interests of leaseholders and freeholders. There are really important areas of reform, such as have been raised, that need attention for this market to function much better than it does.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I thank my noble friend for once again underlining that, when we reform landlord and tenant law, we need get the balance of interests right. As a Government, we have committed to a number of ways in which we try to get that balance right and, indeed, to move away from the idea of having leasehold as the tenure of choice to an era where we have full-throated commonhold, which I hope has the support of many Members of this House.

Lord Hunt of Wirral Portrait Lord Hunt of Wirral (Con)
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Does my noble friend agree that there is great interest in leasehold reform? Would not this be an ideal opportunity to take advantage of a procedure which we have always had and greatly valued, pre-legislative scrutiny? If, indeed, there is to be a Bill in draft, perhaps this procedure could be used to let the House look at this in the round, which is urgently required.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I thank my noble friend for raising that. I am conscious of that way of starting the process; when you get the Bill written, pre-legislative scrutiny is a good way of getting broad support. In fact, that is how we started the process of scrutiny for what is now the Building Safety Act.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, as we are not going to have the Bill in this Session of Parliament, which is very disappointing, would the Minister welcome seeing a number a campaigners to discuss the reform with him, so as to get ready for the Bill period in the last Session of this Parliament?

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I reassure the House that, as the Minister with responsibility for leaseholds, I engage regularly with campaign groups, including the National Leasehold Campaign, and, of course, the Leasehold Knowledge Partnership, but I am always happy to meet other campaigners so that we get the reforms right. This is a once-in-a-generation opportunity, and it is important that we listen to those stakeholders.

Private Rented Sector

Lord Greenhalgh Excerpts
Monday 20th June 2022

(2 years, 5 months ago)

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Baroness Thornhill Portrait Baroness Thornhill (LD)
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I say to the Minister that there is general support across all sectors for these reforms in the White Paper, which we too broadly agree with. In fact, I agree with so much of what the noble Baroness, Lady Hayman, has said that I could just say, “#MeToo” and sit down—but I am not going to. I will not go through the proposals and rationales for each point in the White Paper, because I believe that there will be opportunities to do that later. I want to stress our key points that we would seek a chance to influence and explore.

First, we are disappointed by the speed at which this has gone. We are now only going into consultations and pilots, not legislation—at a time when homelessness and evictions are set to rise. Does the Minister have any timelines or milestones for us?

Our greatest area of support for these reforms—and, paradoxically, of concern—is around evictions. We totally applaud the ban on no-fault evictions, but ask whether any lessons have been learned from Scotland about the application in reality of the new grounds for eviction. How tightly are they drawn, and how have they measured success? Let us take one example which the noble Baroness mentioned: eviction because the landlord wishes to sell the home. How will that be proved and dealt with, or are the Government considering recourse, as happens in Ireland?

We know that revenge evictions are more common than we might like and hope that the decent homes standard and the annual rent rise will discourage such evictions, as do the Government. But even after a year, a tenant can still be priced out of a flat by an unreasonable, excessive rise in rent that they can ill afford. Have the Government considered encouraging rent rises only in between tenancies—a practice that many good landlords already do? Given that the cost of living crisis will not be short lived, what, if anything, will the Government do to curb excessive rent rises, or will it all be left to the market? Why have the Government yet again decided to freeze the local housing allowance?

The Government’s commitment to extending a legally binding decent homes standard to the sector is a potential game-changer, but only if there is enough capacity in the system to monitor and enforce it. Local authorities are definitely down on capacity and funding. What reassurances can the Minister give us that there will be capacity and resources within the system to enforce this standard—a vital part of the reforms?

Regarding capacity, the proposal for a private sector ombudsman is a good one. After all, there is one for the social housing sector. But we know that the social housing ombudsman is under pressure due to capacity issues already, so how will this one be any different? After years of stressed budgets and the demands of the pandemic, will the Government use one of the pilot schemes to review the available capacity of all the partners whom they will need on board to make sure these reforms work, and look at how their roles effectively all knit together?

Finally, there is a legitimate concern in the sector that these changes will force landlords out of the system at a time when we need more, not fewer. Is there a danger of unintended consequences? There is some anecdotal evidence that this is happening in areas popular with tourists, such as Cornwall, the Lake District and Edinburgh. Homes once for long-term let are now seen on more lucrative Airbnb sites. Consequently, locals are priced out of the housing market due to second home owners and they are unable to rent due to a lack of supply. Do the Government recognise this as an issue? If so, are there any possibilities of looking at ways to incentivise landlords to stick with longer-term lettings? There will be time to go into detail in the future, but hopefully not too far in the future.

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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My Lords, I thank the Opposition and Liberal Democrat Front Benches for a constructive critique of this important Statement. There is a recognition on all sides of the House that the private rented sector is the most expensive, least secure and lowest quality of all housing tenures. A fifth of renters are paying a third of their income to live in substandard accommodation, which is completely unacceptable. I think that is why the chief executive of Shelter described the proposals around the 12-point plan as a game-changer for the 11 million private renters in England.

This White Paper really is the biggest set of reforms in a generation. It seeks to ensure that tenants have access to safe and decent homes; to increase security and stability by abolishing Section 21, which I know is supported by the vast majority of people in this Chamber—I have not come across anyone who is against that; to improve dispute resolution but, importantly, ensure that there is better compliance and robust enforcement; and to improve the renting experience for private rented sector tenants.

I turn to some of the points raised in this short debate. The noble Baroness, Lady Thornhill, raised enforcement of the decent homes standard, which is a centre point of the reform programme. We will consult on applying the decent homes standard to the private rented sector shortly and carry out a number of pilot schemes across the country to explore different ways of enforcing the standards, because it is important that we do not have the decent homes standard just defined but with an inability to enforce.

The noble Baroness, Lady Thornhill, also wanted to know why these reforms have taken so long to come forward. It is a legitimate question, but we have had a global pandemic and in the last couple of years we have been focused on supporting tenants during the pandemic with longer notice periods, a ban on bailiff evictions and unprecedented financial support. We have made the very clear commitment to bring forward this renters reform Bill in the third Session, and this White Paper is an important part of getting this right. This is a once-in-a-generation opportunity to get these reforms right.

The noble Baroness, Lady Hayman, quite rightly wanted to know how these new reforms would be enforced. I have talked about the pilots, but equally the property portal will make sure that local authorities have the information they need to enforce the standards so that we are not relying, as we currently are, on tenants coming forward to point out when there is an issue.

The noble Baronesses, Lady Thornhill and Lady Hayman, both raised the cost of living issue. The Government do not support rent controls. When this was introduced in the 1970s, we saw a disincentive and a private rented sector that did not get the quality of housing and investment that we needed. That is why we feel that focusing on allowing an increase in rents only once a year and ending rent review clauses are ways of ensuring that we get a more reasonable approach to rent increases.

The noble Baroness, Lady Thornhill, raised an interesting question around the burdens on landlords and whether we are going to get the unintended consequence of more Airbnbs and fewer people wanting to let. The English Housing Survey says that we are seeing some landlords leaving but an equal number coming in, so there is no evidence from the survey yet of an exodus of landlords. It is important that we think about landlords in these reforms, though, and that is why we have strengthened the repossession grounds for landlords, including in cases of serious anti-social behaviour and persistent arrears, and for landlords who wish to move back to their property.

I think there was a strong element of a briefing from Generation Rent in some of the questions from the noble Baroness, Lady Hayman. Certainly, I am aware of the issues raised by the noble Baroness, Lady Kennedy, about the no-fault moving and selling grounds, wanting to extend that to 24 months and not seeing a Section 21, if you like, by the back door.

As a Government we feel that it is important to protect tenants, and that is why we are limiting the use of moving and selling grounds in the first six months of a tenancy. To mitigate any abuse, we are also restricting landlords from remarketing or reletting the property for three months when they use these grounds. It is about getting a balance between landlord and tenant.

Overall, it is fair to say that there is a fair wind behind these reforms. It is important, as they say, to get things done and better late than never.

Baroness Kennedy of Cradley Portrait Baroness Kennedy of Cradley (Non-Afl)
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My Lords, I declare my interest as director of Generation Rent. The White Paper is welcome. It is serious and ambitious. If the detail of the words follows through to the legislation in the end, it will make significant difference to renters’ lives.

As the Minister said, the centrepiece of the reform is to end Section 21 and give renters a secure and stable home. Insecurity of tenure is the biggest issue for renters, which is why I feel that when we look at the White Paper and the mandatory no-fault grounds, there is a need to strengthen those grounds. I would like to hear a little more from the Minister about how the Government will ensure that those mandatory no-fault grounds will be strengthened to ensure they are not abused by unscrupulous landlords and give renters the security that this legislation is designed to do.

Does the Minister agree that if you are given a no-fault ground for eviction, you have a family and your kids are at the local school, you do not want to move in term time, you do not want to move over the winter and you would need longer than two months in which to make that move under no-fault grounds? It is also expensive, as the Government have acknowledged in the White Paper, so compensation should be given to renters for no-fault grounds. It should be longer than a two-month notice period and increased to four months.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, the noble Baroness asks a difficult question. However, I have been encouraged, whenever I cannot directly answer a question, to say that my honourable friend the Minister in the other place will be conducting a drop-in session on 12 July between 11.30 am and 12.30 pm in Room W3, off Westminster Hall. Doing my best as someone who is not the lead Minister for private rental reform, as the noble Baroness realises, I can say that it is about the architecture. The important way of ensuring that landlords are not gaming the system around no-fault evictions is to have transparency through the property portal, so we collect all the available data rather than just relying on renters essentially having to get themselves legal representation and raise the issues themselves. Therefore the property portal is key. We also need to ensure that we get an ombudsman with teeth, with the right powers, and to ensure that the local authorities are resourced in the right way to step in if necessary as well. It is around getting that architecture which will turn the rhetoric into reality.

Viscount Stansgate Portrait Viscount Stansgate (Lab)
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My Lords, in the light of the Minister’s previous answer, do I take it that the Government have undertaken a study of the potential effect of the growth of Airbnb on the proposals outlined in this White Paper? If it was felt that that was adversely affecting the rented sector, what action might the Government be minded to take?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I am not aware that we have undertaken a specific study on the impact of Airbnb on the private rented sector. However, we have a clear mission within the levelling-up White Paper to reduce the number of non-decent homes by 50% and therefore see equality of supply. We are looking at whether there is an erosion in the private rented sector through the annual English Housing Survey, which gives some indication of whether there is a need to dig deeper. So far, all indications are that the sector is robust; 4.4 million households are renting privately and it seems to work well. However, we are keeping that matter under review.

Lord Bishop of St Albans Portrait The Lord Bishop of St Albans
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My Lords, I welcome many of the reforms. However, have Her Majesty’s Government made any sort of formal economic assessment as to whether these protections will do anything to address the higher costs of private rented accommodation, which can so often drive people to social housing? If not, can they assure this House that there will be sufficient affordable social accommodation for those who really need it?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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There are two parts to how the right reverend Prelate has put the question. The first is that we need to make sure that there is enough supply of social housing, otherwise people who should be in social housing rather than in private housing lose out. There is a real commitment in the affordable homes programme to deliver far more social rented homes: 32,000, which is double the amount of social rented homes in this period than in the previous one. On the cost of living, the best thing is to take action now, and there have been quite a few measures. Some are universal but some are aimed at pensioners; there is a separate one-off payment of £300 to 8 million pensioner households, and obviously there are the measures around people who require support around the costs of essentials. The Government have stepped in where there need to be specific measures, as well as universal measures around fuel bills. Equally, however, the right reverend Prelate is right that we need to ensure that we continue to build more homes and especially ensure that there are more social homes.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, tenants’ groups and campaigners say that they need three layers of foundation to give everyone the secure and stable home that they need. The first is decent structural condition, maintenance and repairs, and the second is not to be evicted unfairly. As other questioners have said, this White Paper makes considerable progress on both those areas. However, the third key part of the foundation according to renters’ groups is to have a home that you can afford. The Minister said that the Government were looking at rent controls and pointed back to the kind of rent controls that we had in the 1970s. However, are the Government prepared to consider different, more flexible, smarter forms of rent control? In Scotland, the Green Tenants’ Rights Minister is looking at ways in which rent controls can deliver what people actually need, which is rental costs that are not more than 25% of their income. Another way of looking at this might be that powers for rent control are given to mayors, like the Mayor of London and other regional and city mayors around the country. That would be a way of experimenting and working. How can the Government ensure that people can afford to rent, which is an essential foundation?

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I am sure the Government are happy to look at ideas. We have had ideas from Wales, Scotland and Ireland that I am sure the policy officials can look at and advise Ministers on. We have to recognise that there are often unintended consequences on supply if you tinker too much in the private rented market and try to control rent levels. We heard from the noble Baroness, Lady Thornhill, that you might find it more lucrative to use Airbnb than to have longer term rents. I think that what the noble Baroness, Lady Bennett, is really saying is that to tackle the affordability crisis we need a fair amount of taxpayer subsidised housing, whether that is affordable rent or social rent. We recognise that as a Government. Not every person can own their own home or afford market rents. That is why we need a steady supply of affordable housing available around the country. We need communities of mixed tenure to allow households with different incomes to live cheek by jowl. That is good social policy and something that the Government certainly support.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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In that case, may I ask why the Government have frozen the local housing allowance, which was the question I asked, if they have what sounds like a very sincere commitment to social housing? Following what the right reverend Prelate the Bishop of St Albans said, I was thinking that the people we are really concerned about, with the grottiest landlords and flats and the worst deals, in the past would have been in the social housing sector being looked after by good councils and housing associations. We are really trying to play catch up but let us not kid ourselves; it is a huge task that we have.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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It is fair to say that we raised the local housing allowance and maintained that raise. What the noble Baroness is saying is that we have not increased it further. Let us give the Government credit for having raised it in the first place and having maintained it. The reality is that it goes back to getting the balance of tenures right. We have far too many people who cannot afford to live in market-rate accommodation and therefore they need taxpayer support. The housing benefit bill has effectively ballooned from when I was first a council leader from around £7 billion to around £30 billion, I think—or at least, that is what the projections are. That is completely unsustainable. We need more affordable housing and social housing to mitigate the unintended consequences of getting the taxpayer to fund these very high-cost homes for people who cannot afford to live in them. That is why there is a need to look at other ways of answering that point.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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I join the noble Baroness, Lady Thornhill, on the Minister’s celebration of social and genuinely affordable housing. In that case, why are we looking at extending the right to buy instead of ending that great privatisation of social and affordable housing?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I can answer that very sincerely, having been a local authority leader in an area where one-third of the housing was social housing. It had very high levels of council and housing association housing. I start with a definition that social housing should be a springboard to home ownership, for those who want it to be. It should not just be a destination. The issue is that once you have got the receipt, it gets pocketed by the Treasury and not reinvested in social housing—something that the noble Baroness, Lady Thornhill, has raised before now. The Government are putting more flexibility in and allowing more money to go back into supply. There are strong arguments that all that money should go back in; therefore, you allow mobility and fluidity and create a springboard for those people who can afford to own their own homes. That is a great thing, which should be available to both council tenants and housing association tenants.

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Lord Greenhalgh Excerpts
Tuesday 14th June 2022

(2 years, 5 months ago)

Lords Chamber
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Moved by
Lord Greenhalgh Portrait Lord Greenhalgh
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That the draft Regulations laid before the House on 11 May be approved.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 13 June.

Motion agreed.

Elections: Multiple Voting

Lord Greenhalgh Excerpts
Tuesday 14th June 2022

(2 years, 5 months ago)

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Lord Razzall Portrait Lord Razzall (LD)
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My Lords, I beg leave to ask the Question standing on the Order Paper in the name of my noble friend Lady Featherstone.

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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The Government do not hold data on whether individual electors registered at more than one address have voted more than once in an election.

Lord Razzall Portrait Lord Razzall (LD)
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My Lords, I assumed that would be the Answer. Does the Minister not agree that it is quite confusing for electors registered in more than one place? They can vote in local elections for both their residences and even in a by-election if it takes place where they are registered. Does he accept that it might be sensible for an indication to be given when you register to vote, either on the form or at the time of registration, that if you are registered in more than one place then you cannot vote twice in a general election?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My understanding is that it is made clear that you cannot vote twice in a general election. Indeed, it carries a criminal offence. You now have to prove your residence as part of the electoral registration process, but I will take that point on board.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
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My Lords, the Government have now said that they will allow people who have been out of the country for more than 15 years to go on the register. Presumably, if they have two houses abroad, they will be able to go on it twice. What checks will there be to make sure they do not vote more than once?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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The purpose of the Elections Act was to ensure that we did not have this arbitrary cut-off point. Those living abroad have always been able to vote in elections for up to 15 years, which we have now extended as part of that legislation. People cannot vote in local elections if one of their properties is, let us say, in Spain, so I do not think that arises.

Lord Naseby Portrait Lord Naseby (Con)
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My Lords, as one who was first elected to the other place with a majority of 179, after three recounts, and later in that year by 141, is not the proposition from the noble Lord on the Liberal Benches correct? Otherwise, there will be tactical voting by students in marginal seats.

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I guess people can decide to vote where they want to if they are registered in two places, but in a general election they cannot vote twice. Whatever the system, I am sure that my noble friend could be elected if he stood again, even if in the past it was by a pretty narrow margin.

Lord Reid of Cardowan Portrait Lord Reid of Cardowan (Lab)
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My Lords, with apologies to the noble Lord, Lord Razzall, and the noble Baroness, Lady Featherstone, will the Minister recognise that this problem would be easily solved—as would the problems of fraudulent voting, control of immigration, access to public services and counterterrorism —if the coalition Government had not in 2010, at the behest of the Liberal Democrats, abolished biometric ID cards?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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This is something of a Groundhog Day Question, as we look back in time. As part of the Elections Act, we have introduced voter identification as a means of reducing electoral fraud.

Lord Geddes Portrait Lord Geddes (Con)
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My Lords, the original Question just referred to the word “elections”. Would my noble friend concur that it is entirely legitimate to vote more than once at a local election?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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Of course; to make it absolutely clear, where you pay council tax on two properties, you can vote legally in their local elections. Approximately 495,000 households can legitimately do so.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, could the Minister estimate how many eligible citizens are not registered to vote? What action is the Minister and his department taking to rectify that situation? Today of all days, can we also remember the 72 victims who lost their lives in the fire at Grenfell Tower five years ago today?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, it is very important to mark the Grenfell tragedy in which 72 lives were lost—the largest loss of life in a residential fire since the Second World War. As the noble Lord knows, with his background in local government, we have a system of electoral registration officers—EROs—who know their patch very well, and they go out and do great work in terms of expanding voter registration. This is very much a locally led matter; we have not looked to centralise the electoral registration process.

Lord Beith Portrait Lord Beith (LD)
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My Lords, neither an identity card nor any other form of identification takes away the problem that there is no data collected on the extent of multiple registration. In the absence of such data, it cannot be monitored. Moreover, the figures given for whether there was a high or a low poll do not make any sense at all, because in a constituency with a large number of people who are registered elsewhere, it would be quite impossible to gain the 80% or 85% poll that I had when I was first elected to Parliament.

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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If we look at the levels of allegations of electoral fraud in the first instance, which the police do in collaboration with the Electoral Commission, they are relatively low for a country of over 60 million people. Convictions are also relatively low. We have a system where we are strengthening the process with regard to the use of voter identification when you go and vote, and we have also strengthened the approach to registration by introducing individual electoral registration. I am sure that further improvements can be made over time.

Viscount Brookeborough Portrait Viscount Brookeborough (CB)
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My Lords, would the Minister like to recognise that his answers smack of the Government burying their head in the sand and not accepting that some malpractices do go on? Those of us who have lived in Northern Ireland—where the motto used to be, “Vote early, vote often”—know that where there is election, there will be fraud. Does the Minister not agree that the Government should pay much more attention to what is going on out there in the country?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I do not accept that, unsurprisingly. The Elections Act was guided by the Government’s determination to ensure that our democracy is secure and transparent, and we have sought to place participation at the heart of our democracy. The Act was developed in collaboration with people within the electoral services, following on from the recommendations of my noble friend Lord Pickles.

Lord Hannan of Kingsclere Portrait Lord Hannan of Kingsclere (Con)
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My Lords, the United Kingdom is the only one of 47 European democracies that does not require some kind of photo ID to vote. It is not even the whole of the United Kingdom, as we have just heard—it is only Great Britain. Given that huge parts of the world in Asia and Africa deal with problems of poverty, illiteracy and remote voting stations and all manage to have some kind of ID without reducing turnout, is it not time that we joined the rest of the world?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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As part of the Elections Act, we have introduced a requirement that you have to present some form of ID in order to vote. That should give the public greater confidence, and we are joining Northern Ireland and following its lead.

Lord McFall of Alcluith Portrait The Lord Speaker (Lord McFall of Alcluith)
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My Lords, we have a virtual contribution from the noble Lord, Lord Campbell-Savours.

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Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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The point I was making in response to the noble Lord, Lord Reid, was that that is a battle that was lost. I am sure you can make the case for biometric voter ID, but the point is that the Elections Act introduces the need to produce some form of identification when you go and vote, and that is certainly a step forward.

Lord Cormack Portrait Lord Cormack (Con)
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But is it not right to have the battle again, because there are other advantages? For a start, it is much cheaper than a ticket to Rwanda.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I am sure that noble Lords will always return to fight these battles again and again. Obviously, we have set out our legislative priorities and we have introduced already some measures that will improve the electoral process.

Baroness Deech Portrait Baroness Deech (CB)
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My Lords, I feel quite envious when I hear of people who have two votes. By what logic do noble Lords here in the House of Lords have no vote at all?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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To be honest with your Lordships, when I joined this House, I was not entirely aware of that particular provision—it is a disappointment. However, obviously that is the long-standing convention. Of course, we can still vote twice in local elections if we are lucky enough to have two homes.

Viscount Stansgate Portrait Viscount Stansgate (Lab)
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My Lords, in view of the point made about two separate addresses, can the Minister tell the House whether the Prime Minister is registered to vote at Chequers?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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Unsurprisingly, I do not know the answer to that, but I am sure that he is able to vote because that is one of his current properties.

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Lord Greenhalgh Excerpts
Monday 13th June 2022

(2 years, 5 months ago)

Grand Committee
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Moved by
Lord Greenhalgh Portrait Lord Greenhalgh
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That the Grand Committee do consider the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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My Lords, this statutory instrument was laid before the House on Wednesday 11 May 2022 under Section 150(9) of the Energy Act 2013 and Section 250(6)(f) of the Housing Act 2004, for approval by resolution of each House of Parliament.

In the social housing White Paper, we committed to ensuring that all homes are safe to live in. We are determined to ensure that the reforms set out in the White Paper will drive up standards, making sure people up and down the country have a safe and decent home to live in. The Government are committed to ensuring residents are protected from the risks of fire and carbon monoxide in their homes. After Grenfell, the social housing Green Paper asked whether there should be parity between the private and social rented sectors on safety standards, and an overwhelming majority were in favour.

At the moment, social tenants have less protection than private tenants. That is why, subject to parliamentary approval, we are amending the regulations to bring requirements for social homes in line with private rented homes. Currently, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 make it mandatory for private landlords to install smoke alarms on every storey of every home they let, and carbon monoxide alarms in every room with a solid-fuel burning appliance, such as a log-burning stove or coal fire. There are no such requirements for social landlords.

The Home Office estimates you are around eight times more likely to die in a fire if you do not have a working smoke alarm in your home, and there are on average 20 recorded deaths from accidental carbon monoxide poisoning each year in England and Wales. Smoke alarms and carbon monoxide alarms save lives and provide reassurance for residents that their homes are safe.

These changes will mean that, for the first time, all social rented homes in England will be required by law to have smoke alarms installed. They will also mean that millions more households are protected from the risks of carbon monoxide, which is undetectable and can cause serious illness or death. The Government’s ongoing reforms regarding social housing quality aim to make sure everyone’s home is a place of safety, and these changes will give thousands of families and households reassurance that they are receiving the best possible protection.

In November 2020, alongside the White Paper, we launched our consultation on requiring smoke alarms in social housing and introducing new expectations for all landlords for carbon monoxide alarms. The proposals in the consultation to make the legislative changes I am bringing to noble Lords today were supported by a clear majority of respondents to the consultation.

Through this statutory instrument, we will amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to replicate the private rented sector provisions to require social landlords to ensure at least one smoke alarm is installed on each storey of their homes where there is a room used as living accommodation. We will amend the regulations to make it mandatory for all landlords, regardless of tenure, to install a carbon monoxide alarm in any room of their properties used as living accommodation where a fixed combustion appliance of any fuel type is present. This does not include gas cookers, which are responsible for fewer incidents of carbon monoxide poisoning than gas boilers.

We will also require all landlords to repair or replace, as soon as they reasonably and practically can, any alarm which is found to be faulty during the period of a tenancy. We will update government guidance documents to make clear requirements on the placement of smoke and carbon monoxide alarms, and the types of alarms landlords will need to install to meet relevant standards.

The instrument will also make changes to the enforcement process by restructuring the process for making and considering representations from landlords when a local housing authority serves a remedial notice. A lengthy delay between regulations being made and taking effect could put lives at risk, and that is why we have decided that 1 October 2022 is an appropriate date for regulations to come into force: landlords have had, and continue to have, time to prepare, and bringing regulations into force in October means tenants can benefit from the security of the changes as soon as possible.

To conclude, these regulations will save lives and make sure everyone’s home can be a place of safety, and these changes will give thousands of households reassurance that they are receiving the best possible protection from the risks of fire and carbon monoxide in their home. We are determined to ensure that the reforms set out in the social housing White Paper, like these changes, will drive up standards, making sure people up and down the country have a safe and decent home to live in. I hope noble Lords will join me in supporting the draft regulations and I commend them to the Committee.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I thank the Government for bringing these regulations forward—they are absolutely crucial. As the Minister said, most—57%—of the exposure to carbon monoxide occurs in the home. We know that one in eight homes in London has levels of carbon monoxide that exceed the WHO limits, and we know that one in five has at least one faulty gas appliance. With financial stringencies, this will probably get worse because people will not have their appliances serviced. Some 54% of homes in England do not have a carbon monoxide alarm. With that background, and welcoming these regulations, I have a few questions for the Minister—I hope that he will be able to answer them satisfactorily.

First, why are gas cookers excluded? The issue here is the coroner’s report that followed 18 deaths that were linked to the Beko cooker scandal, where carbon monoxide was pouring into homes due to a fault with the cookers. The 2017 report Understanding Carbon Monoxide Risk in Households Vulnerable to Fuel Poverty found that, while 59% of homes had a gas cooker, only 25% had that cooker serviced annually. In homes in poverty in particular, the gas from the cooker is often incompletely burned. Some ethnic minority groups in our population cook by putting tin foil over the surface of the burners, which promotes incomplete burning.

One of the problems is that children’s heads are at the level of the cooker itself, so children standing near a mother who is cooking are probably inhaling higher levels of carbon monoxide than the mother. It may not be enough for them to fall on the floor unconscious, but they may be exposed to chronic low levels of carbon monoxide poisoning. As the Minister rightly said, sub-lethal doses cause pathologies including brain damage, sensory impairment, heart disease, Parkinsonism and low birth-weight babies, which becomes particularly important when the woman is pregnant. They also cause cognitive developmental delays in infants born to mothers exposed during pregnancy, as well as respiratory difficulties. That was my question on gas cookers.

Secondly, why are homeowners generally not protected by the regulations until a new appliance is installed? How will people become alert to the fact that an alarm is faulty? Whose responsibility will it be to chase this up, and what is the prosecution process for a landlord who is negligent in this?

Thirdly, why is the alarm type not mandated? This seems to be a lost opportunity, because rogue landlords will inevitably go for the cheapest alarm available. In Scotland, the type of alarm was determined and it was one that had sealed batteries in it. From experience over the years, we know that, in households where batteries can be removed from alarms, people remove them to use them in their television remote, or wherever. The alarm then fails because the batteries have been taken out and people are not aware of the problem.

Lastly, will the alarms be mandatory for bedrooms? There have been several cases where children have died because carbon monoxide has leaked through the brickwork into the bedroom where they were sleeping—their parents then found them dead from carbon monoxide poisoning. The problem is that, when you are asleep, carbon monoxide just makes you more sleepy, so you certainly would not be woken up by it. Of all the rooms in a house, it is bedrooms where people spend the most time all in one go; they do not go out and move around to get the air circulating. In modern housing, particularly in the winter, people sleep with the bedroom windows closed, so there is even less air circulation. So I hope that the Minister will be able to assure me that bedrooms count as living accommodation and, therefore, that alarms must be also in the bedrooms.

Having said that, I hope the Government will have a good public education campaign to roll out the importance of acting when the alarm goes off, of understanding what the alarm does and what people should do if a tenant feels that their landlord is in breach of the regulations. Understanding the health implications of carbon monoxide poisoning is also important, because, unfortunately, across the healthcare sector generally, until fairly recently—and I think even now—some people are somewhat ignorant of the effects of carbon monoxide poisoning and how the non-specific symptoms can present, suggesting sub-lethal exposure in an ongoing way.

So, with those questions and caveats, I welcome these regulations and would not intend to take any action to stop this proceeding–but I do hope that I will have satisfactory answers that will be on the record to all my questions.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, like other noble Lords who have already spoken, we very much welcome these regulations to make smoke and carbon monoxide alarms mandatory in social housing from 1 October this year. As we near the fifth anniversary of the Grenfell Tower tragedy, we believe that any measures that help resolve the building safety crisis are very welcome.

But we also think that this instrument should form only a small part of a much wider package of measures that we hope to see coming forward from the Government. I will come to the exact provisions of these regulations in a moment—although noble Lords who have already spoken have covered a lot of the points that we had concerns about. But I would like to first ask the Minister: following the publication of the Social Housing (Regulation) Bill, is he able to provide further information about the timetable of this Bill and when the Government are likely to be aiming for Royal Assent, so that those regulations come into force and we can discuss wider provisions to make social housing safer?

Turning to the specific regulations before us today, one of the things that will result will be a new responsibility to install alarms on each floor of a premise, which is really important. The Government are right to include this. It specifically helps larger properties. There is a lot more development of warehouse-type apartments, within which there is an increasing use of mezzanine floors—so I am not sure what constitutes a floor within this regulation. Would it include mezzanines, for example? Would they require an alarm? It would be helpful if the Minister could confirm what the guidance on that would be. I would be interested to hear his response to the noble Baroness, Lady Finlay, about whether it will be compulsory to have alarms in bedrooms, because that is also a very important part of ensuring safety, particularly at night.

I would like to take a quick look at penalties for non-compliance. The regulations allow for a charge of up to £5,000 per breach. I would like to ask the Minister about the fact that, under the Housing Act 2004, civil penalties for landlords go up to £30,000 for breaches. So how did the Government choose an upper limit of £5,000, despite the fact that an absence of these alarms, as we have heard, could lead to somebody dying. In fact, the Minister mentioned in his introduction that these alarms do save lives, so it would be interesting to understand the Government’s thinking and how that top level of fine came about. The noble Baroness, Lady Finlay, also asked about the prosecution of rogue landlords, and it would be interesting to know a bit more about that side of things—prosecution, fines, how they will operate and how the Government got to their decisions on that.

I would also like to look very briefly at the process of repairs and replacements of the alarms. This has been raised by other noble Baronesses. In particular, the noble Baroness, Lady Pinnock, referred to the fact that the regulations state that the landlord must act as soon as is “reasonably practicable” when notified that an alarm is not in working order. She said it would be incredibly helpful to know what the definition of “reasonably practicable” is. We know that, in other legislation requiring swift action by landlords, this has not always happened. So what will be that definition and how will it be enforced? Will the Government be offering guidance alongside this to landlords on exactly what the timeframes are? Will there be any circumstances that can excuse meeting those deadlines? What is going to be the structure of managing repairs and doing replacements in good time?

The noble Baroness, Lady Pinnock, also asked some very important questions about batteries and about ensuring alarms are properly installed. This is really good, important legislation, but it has to be practical, and it has to work and operate in the way that it is being laid out. If the issues that the noble Baroness, Lady Finlay, raised are not covered, we could find that good intentions are not always being met.

To conclude: these regulations are very much welcomed. I am looking forward to working with the Minister on the Social Housing (Regulation) Bill, which is, hopefully, going to be with us shortly, in order that we can consider other measures to make social housing safer for all occupants. I look forward to the Minister’s response to the questions today and to working with him in the future on further safety measures.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I thank noble Lords for their contributions to this important debate on the draft regulations. I join the noble Baroness, Lady Hayman, in saying that every single measure that can ensure that a tragedy such as Grenfell—the largest structural fire since Piper Alpha and the largest loss of life in a residential fire since the Second World War—never happens again must be welcomed. I thank noble Lords for their support.

I will turn to some of the points raised by noble Baronesses in this debate. The noble Baroness, Lady Finlay, wanted to know whether alarms are mandatory for bedrooms. Yes, there must be a smoke alarm on each storey. Also, I am happy to clarify that the definition of “living accommodation” includes bedrooms.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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Sorry—perhaps I may intervene briefly. I should have declared my interest as chair of CORT, the Carbon Monoxide Research Trust, and of the All-Party Parliamentary Carbon Monoxide Group. I was asking about carbon monoxide alarms; the Minister has addressed smoke alarms. We were seeking clarification on whether carbon monoxide alarms are also mandatory in bedrooms.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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For carbon monoxide, if there is a fixed combustion appliance in the room, which would not include a bedroom if there was no—

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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Very few bedrooms have gas boilers in them. Can the Minister write to us and follow up on that?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I will clarify when it is smoke alarms and when it is carbon monoxide alarms; as I understand it, effectively, there has to be a gas boiler present, which would rule out many bedrooms. However, I will write to the noble Baroness on that point.

The noble Baroness, Lady Hayman, following the lead of the noble Baroness, Lady Pinnock, wanted to know what “reasonably practicable” looks like. My answer is that, essentially, we will recommend that landlords carry out repairs as soon as they are able to. This will depend on such factors as access to the property, which will be set out in guidance.

In response to the noble Baroness, Lady Finlay, on her question about mandation of carbon monoxide alarms in rooms with gas cookers, data shows that gas cookers are responsible for fewer incidents of carbon monoxide poisoning than gas boilers. This may be because domestic gas cookers do not tend to be used continuously for long periods, unlike boilers. For this reason, the Government believe it would not be proportionate to require alarms in rooms with gas cookers as well as rooms with gas boilers.

On the point about public information, we are developing communication to target tenants to make sure that they understand the regulations and the importance of protection from carbon monoxide poisoning. There is some movement on the call for a public information campaign.

The noble Baroness, Lady Pinnock, wanted to know how we reached the implementation period for these new requirements. This relates to the fact that the majority of respondents to the consultation agreed that we should not delay the introduction of new requirements once the regulations are made. A significant delay between the regulations being made and taking effect would put lives at risk. It is a question of getting the right balance between the two. That is why we alighted on 1 October 2022 as the most achievable date.

Both the noble Baronesses, Lady Finlay and Lady Pinnock, wanted to know why we were not specifying the type of alarm. The draft regulations do not stipulate the type of alarm—such as hardwired or battery powered—to be installed. In the case of smoke alarms, we advise landlords to choose ones that are compliant with British Standards, and I am sure that there must be British Standards that have to be complied with for carbon monoxide alarms. We encourage landlords to make an informed decision and choose the best alarms for their properties and tenants, with due regard for their residents’ circumstances.

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Baroness Pinnock Portrait Baroness Pinnock (LD)
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Unfortunately, that last bit is not accurate. If the landlord provides a nine-volt battery smoke alarm, that will last only six months. That is at the heart of what I am asking. Some landlords will not make lots of attempts to get in to make sure that the smoke alarms are there and will not see that they are properly fitted, so all this will unravel. If we are having regulations, and I am glad we are, surely there has to be something about a long-lasting solution.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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The noble Baroness is of course right that that would make sense—I should declare my interest as a private landlord, although these regulations affect social housing. It would make sense to put into guidance something that would enable the quality threshold to be met so that we would not have that eventuality of smoke alarms with a very short battery shelf life becoming the de facto norm when you could come up with solutions such as alarms that are either hardwired or have a long battery life. That point has now been made by several noble Baronesses and I will take it away for my officials who will be drafting these regulations to take on board.

With that, I have done my best to answer noble Lords’ questions—and if I have not, I will follow up in writing, as I have already undertaken to do.

Motion agreed.

Sewel Convention

Lord Greenhalgh Excerpts
Monday 13th June 2022

(2 years, 5 months ago)

Lords Chamber
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Baroness Wilcox of Newport Portrait Baroness Wilcox of Newport
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To ask Her Majesty’s Government what assessment they have made of the number of occasions that legislative consent has been rejected by the devolved legislatures since December 2019; whether they still intend to abide by the Sewel Convention; and if so, what steps they are taking to ensure that consent is secured to legislation in future.

Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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The UK Government have legislated without consent on 11 occasions since December 2019, most of which relate to our exit from the European Union. These were not decisions that we took lightly, but we considered them necessary to implement the referendum result in exceptional circumstances. We are fully committed to the Sewel convention and will of course continue to seek legislative consent, take on board views and work with the devolved Administrations on future Bills.

Baroness Wilcox of Newport Portrait Baroness Wilcox of Newport (Lab)
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I am glad that the Minister noted that the Government fully support the Sewel convention, because Minister for the Economy, Vaughan Gething, confirmed in writing last week to the UK Government that the Welsh Government are unable to endorse the approach the UK Government are taking on the shared prosperity fund. They will not deploy their own resources to implement UK Government programmes in Wales, as they have been doing with EU funding for 22 years; they consider them to be flawed and undermining of the devolution settlement. Does the Minister therefore agree with me that last week’s latest development is a further significant undermining of the Sewel convention?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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Unsurprisingly, I do not agree with that. We will of course continue to seek legislative consent, take on board views and work with the devolved Administrations, but the legislative consent process did not change and never was intended to change the sovereignty of this Parliament.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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My Lords, earlier today, talking with some of his senior colleagues, I commended the Minister for his great ability to straight-bat my consistent questions about improper spending by the Scottish Government. However, will the Minister and the Government now consider drawing up contingency plans to make sure that when that expenditure goes beyond the pale, they are able to take some action?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I always consider the interventions of the noble Lord to be consistent, and to require a straight bat. We do understand when it is a reserved matter and when it is a devolved matter, and we will obviously look very carefully at how the Scottish Government spend their money.

Lord Griffiths of Burry Port Portrait Lord Griffiths of Burry Port (Lab)
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My Lords, as part of promises made during the debate about leaving the European Union, an assurance was given to Wales that it would not suffer one penny less in terms of the money that had come from Brussels when it fell to the British Government to supply that money, but I am constantly bemused by the fact that this simply has not happened and is not happening. Although the Minister’s reply to my noble friend’s Question was perhaps what it ought to be, she quoted a Minister in the Senedd who said something quite contradictory. There is a difference of view that I think this House would benefit by understanding in greater depth.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, it is important that we get the Sewel convention to work, and that is why it is one of two items on the agenda for the upcoming inter-ministerial steering committee. We have had a working group on the Sewel convention. I cited the figures in response to another question; considerable sums are going through the UK shared prosperity fund, and it is important that we use those funds for the benefit of all four nations.

Viscount Waverley Portrait Viscount Waverley (CB)
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My Lords, the European Union has a system of gauging GDP within rural areas, called Objective 1. Do we have anything equivalent and if so, what is it?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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My Lords, I always appreciate the breadth of questions you can get on a Question that concerns the Sewel convention. I am not aware that we use something similar to that EU measurement, but I note that the EU has its own approach to the funding formula.

Lord Hain Portrait Lord Hain (Lab)
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With respect to the Minister, there is a massive gap between his warm words on this matter and the views of Welsh Ministers in the Senedd about his Government’s stance, which is continuously undermining the Welsh Government—and I guess other Governments—over the devolution settlement by not properly consulting them and not making the term “consent” real, because they do not wish to consent to a lot of government legislation. I do not think that the inter-governmental machinery is working properly, either. It should be chaired by the Prime Minister, who should listen to Welsh Ministers and the First Minister properly instead of treating them with derision.

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I do not recognise that the Sewel convention is as broken down as that, in the sense that 47 legislative consent Motions for 23 Acts in the first Session and 28 legislative consent Motions in the second Session were secured and passed by the devolved legislatures. This is new machinery that obviously takes time to bed in, but I know that my right honourable friend the Secretary of State has met on countless occasions—there have been 440 ministerial meetings—and the Prime Minister has met four times with the First Minister of Scotland and the Welsh leader, so those meetings are taking place. I ask noble Lords to give this machinery a chance.

Lord Howell of Guildford Portrait Lord Howell of Guildford (Con)
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Could this constant dilemma of the edges of devolved powers in ever-changing circumstances be in any way handled better by strengthening the common framework processes, which have been successful so far in taking the difficulty out of some of these difficult areas?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I thank my noble friend for raising common frameworks, which I know this House has spent quite a bit of time working on and refining. I am sure that they provide a guideline on how we should engage with the devolved Administrations and will help to strengthen the union as a consequence.

Lord Lansley Portrait Lord Lansley (Con)
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My noble friend will be aware that treaty making is a reserved power to the United Kingdom Government, but the scope of the treaties into which we are now entering, particularly trade treaties, often impinges directly upon devolved powers and the devolved Administrations. When reporting under CRaG, Ministers have told the International Agreements Committee when they have consulted the devolved Administrations but they have not consistently told us what the DAs have told Ministers would be their objectives and what they are looking for. Will my noble friend help Ministers to ensure that their explanatory memorandum under CRaG covers this?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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I am sure that we need to get the explanatory memoranda right. In addition, the Government recognise that we need to engage early so that legislatures and Administrations have as much time as possible to consider these matters before they are signed, in the case of treaties, or become Acts, if they are Bills. Of course, I take my noble friend’s point on board.

Lord Cormack Portrait Lord Cormack (Con)
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Does my noble friend agree that there is a very real difference between informing and consulting? Is he confident that we are properly consulting and not just informing?

Lord Greenhalgh Portrait Lord Greenhalgh (Con)
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It is for each Minister to respond on whether they are informing or consulting. Certainly, in areas where I have had ministerial responsibility, we have learned an awful lot from the devolved Administrations, particularly in matters related to building safety and other areas. It is a two-way conversation where we can often learn as much from the devolved Administrations as they can from us. It is about sharing expertise.

Constitutional Commission

Lord Greenhalgh Excerpts
Thursday 9th June 2022

(2 years, 5 months ago)

Grand Committee
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Lord Greenhalgh Portrait The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
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My Lords, I thank the noble Lord, Lord Wigley, for securing a debate on this incredibly important topic. The Constitution Committee recently published its report on the union of the United Kingdom and, in addition to the points raised in that report, it has been very interesting for me to hear the contributions from noble Lords.

I take issue with the idea that there is an aggressive form of unionism. This Government are really committed to strengthening the union of the United Kingdom, protecting and promoting its combined strengths and the values that we all share, and ensuring that the institutions of the United Kingdom are used to benefit people in every part of the country, building on hundreds of years of partnership and a shared history since the Acts of Union.

We are also great believers in devolution, and that it allows communities across the four nations to reap the benefits of the broad shoulders of the union, while benefiting from decisions being placed closest to those who they affect. We remain committed to working collaboratively with the devolved Administrations to support people across the whole of the UK. As my noble friend Lady Fraser put it, we have the structures in place and now need to focus on getting the tone right. The arrangements agreed in the intergovernmental relations review herald a new era for collaboration across the United Kingdom, facilitating the sharing of experiences and learning. I point out that there were 110 ministerial meetings in the first quarter of this year alone and 440 such meetings last year, so collaboration is strong.

We are focusing across the United Kingdom to deliver better outcomes for citizens to tackle the shared challenges that we face, from providing up to £400 billion in Covid support for individuals, business and public services to close collaboration on the approach to settling the Ukrainian refugee issue. We should recognise that the Autumn Budget had the first allocation of the UK-wide growth funds, including the levelling-up fund and community ownership fund. That provided the largest annual block grants, in real terms, of any spending review settlement since the devolution of 1998.

I point out to the noble Lord, Lord Shipley, that the UK shared prosperity funding for Scotland, Wales and Northern Ireland matches the size of the ERDF and the ESF in real terms, when it is fully ramped up to 2025. I reject the notion of any kind of power grab; there is 25% more per person for the Scottish Government, 20% more per person for the Welsh Government and 21% more per person for the Northern Ireland Executive, when we look at UK government spending over the SR21 period.

In response to the noble Lord, Lord Murphy of Torfaen, on looking seriously at any of the independent commissions, we will continue to make sure that constitutional arrangements remain fit for purpose. Instead of a single commission, we are already taking forward separate workstreams, such as the Judicial Review and Courts Act, and delivery of the Dunlop review. The noble Lords, Lord Khan and Lord Wigley, and others mentioned the Welsh constitution commission. The Secretary of State for Wales and the Minister for Levelling Up, the Union and Constitution have given evidence to that commission, and we are looking forward to heading its findings in due course.

The noble Lord, Lord Murphy, and the noble Baroness, Lady Ritchie, raised the importance of using the structures of the Good Friday agreement and ensuring that they are used to get the Administration up and running again. The institutions of the Good Friday agreement are up and running and the next British-Irish Council is on 7 July. The focus should be on wider issues such as the cost of living. That is what the polling suggests.

We recognise that collaboration is at the heart of the Government’s core mission for the whole of the United Kingdom. That is reflected in our levelling-up White Paper. We recognise that in Northern Ireland it is vital that the parties form an Executive as soon as possible. We are very keen that that is through negotiation but, if not, we are looking at other ways of dealing with that.

Finally, I thank noble Lords on all sides of the Committee for their contributions today. I know it has been hard to stick to time without a clock, but we have managed to get through the debate in the allotted time. I particularly thank the noble Lord, Lord Wigley, for securing this incredibly important debate.