Impact of Environmental Regulations on Development (Built Environment Committee Report)

Lord Jackson of Peterborough Excerpts

Friday 19th April 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I welcome the opportunity to participate in this debate and I congratulate my noble friend Lord Moylan and his committee on this excellent report. I also, of course, congratulate my noble friend Lord Banner, of Barnt Green, on his superb speech. He brings deep knowledge and expertise on this subject. For a lawyer, paid by the word, his brevity was both welcome and unexpected. I feel sure that his professional background, experience, intellect and eloquence will be a much valued addition to your Lordships’ House. I look forward to what I hope will be many contributions from him over the next few years, not least on a subject dear to his heart, that of Ukraine.

I wish to make a number of general observations, because this report is too long and too complex to do justice to in five minutes. It highlights a failure: a policy, regulatory, legislative and judicial quagmire which I think any Government would have struggled with.

There are some fundamentals that we need to concede, as the noble Lord, Lord Best, said. We have a housing crisis; we have an issue of intergenerational fairness; we have increasing housing costs. We have to look at a proper strategy for dealing with that. We have also lost our way on proper strategy and planning for infrastructure. My part of the world is leading the way. In the east, Anglian Water is developing two new reservoirs, one near Grantham and one in the Fens, near Chatteris, but these things take sometimes 20 or 30 years to come to fruition. We do not appear to have coherence on that issue.

The decision last September to throw the baby out with the bathwater, to make the perfect the enemy of the good, by rejecting the Government’s very credible proposals to ameliorate the impact of nutrient neutrality in sensitive river catchments was a big mistake and an avoidable error, not least because the nutrient mitigation scheme, worth £280 million, was sorely needed.

We have also seen over a number of years regulatory and quango overreach, judicial activism and policy capture, which is a very regrettable situation. The proposal in 2023 to roll out a national credit-based scheme to address the imperative for nutrient neutrality would have entailed more than 30,000 acres of productive agricultural land being taken out of use for that purpose. I was interested to see that that is 61,000 tonnes of wheat, which is 35 million boxes of Weetabix.

It also has not produced, as at 2023, 142,000 homes which could have been built across 70 discrete local planning authorities. As other noble Lords have made clear, that has had a particular impact on small and medium-sized enterprise builders, who have suffered significantly since the downturn over 15 years ago. In fact, the Government’s own research shows that agricultural runoff and inaction by the privatised water companies in maintaining water infrastructure are the main reasons for the discharging of raw sewage into rivers and issues around nutrient neutrality. Indeed, new development accounts for less than 5% of phosphate and nitrate loads in our rivers. Of course, we also have the rather pernicious decision of the European Court of Justice in the so-called Dutch nitrogen case in 2018, which has resulted in what I would call the judicial activism in respect of the habitats regulations.

We are left with just one weapon in the armoury. That intervention is the sledgehammer used by Natural England to block much-needed new residential development. So, to quote Lenin, I ask the question: “What is to be done?” We need new primary legislation. We absolutely must have new watertight legislation and, I am sorry, but I believe that we must scrap the existing nutrient neutrality rules—needs must.

I cannot analyse all the recommendations in the report and the Government’s comprehensive reply, but there are a few things that I think are important. Ministers need to be able to exercise powers to grant planning permission and bypass local planning authorities that wilfully refuse to prepare timely and comprehensive plans. We need to refocus on the funding, capacity and expertise of local planning authorities. As an imperative, we obviously must have a review by the Environment Agency of environmental permits and plots that discharge effluent into rivers and areas impacted by nutrient pollution, especially agricultural activity. We also need a long-term look at historic housing stock and existing agricultural practices, as outlined in paragraph 89 of the report. We of course also have to look again at a greater emphasis at development on brownfield sites and remediation of brownfield land.

In conclusion, I commend this report. It is detailed and comprehensive and, more importantly, as my noble friend rightly said, it has signposted this and future Governments to find a way to reconcile two extremely important objectives: protecting biodiversity, species and quality of life; and building homes for people who desperately need them.

Housing: Young People

Lord Jackson of Peterborough Excerpts

Thursday 14th March 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, it is a pleasure to participate in this debate, and I pay tribute to my noble friend Lord Young of Cookham, whom I have known for over 30 years, for his persistent and indefatigable approach to campaigning on housing.

I will talk about two specific macroeconomic societal issues, and then focus on planning and some possible solutions. I will talk first about quantitative easing—I draw noble Lords’ attention to an excellent article in the New Statesman of 1 March—and how it impacts young people. Essentially, the policy of quantitative easing, developed by the coalition Government in 2013 and euphemistically described by George Osborne as “active monetary policy”, actually created an asset price boom and had very significant distributional implications, making asset owners richer, as my noble friend Earl Attlee said, and leaving many young people locked out and relatively poorer. There is a reason, of course, why the polls show that only 8% of 18 to 24 year-olds intend to vote Conservative at the election. You cannot extol the virtues of capitalism if your target market cannot eventually own capital.

In 1979, the right-to-buy policy of the Conservative Party gave ordinary working people a real stake in their future and those of their families and communities. Over the last 10 to 14 years, we have failed to develop policies which similarly deliver for working people. We have seen a collapse in home ownership over the period of the last two or three Parliaments.

On the second issue, immigration, we absolutely have to look at demand. I am afraid that I disagree with the noble Lord, Lord Best. Of course, I pay tribute to his expertise. If we are going to have a debate based on empirical evidence and honesty, and in good faith, we cannot ignore the implications of, and the massive changes wrought by, uncontrolled, unfettered immigration, whether it is illegal or, more likely, legal.

Last year, we built 204,000 homes against a target of 300,000. The French regularly build 400,000 to 500,000 homes. The Migration Advisory Committee says that a 1% rise in population generates a 1% rise in house prices. Uncontrolled immigration has a big effect on the rental market too. Net migration of 672,000 is something that cannot just be dismissed from the housing debate. In 15 years, that trend—

[Baroness Valentine (CB)]

On the subject of migration, as far as I recall, a very large number of migrants are students. I wonder whether the noble Lord would like to comment on student housing in that context?

[Lord Jackson of Peterborough (Con)]

I am going to develop my argument in terms of numbers. We are looking at an increase to the population of 6.6 million people, to 74 million by 2036. The indicative figures are that in 15 years, we are going to have to build another 5.7 million homes, or 550,000 homes per annum.

In London, 20 people are chasing every flat. Some 40% of foreign-born individuals are in the private rented sector, as are 75% of new migrants, and 48% of all social housing in London is headed by someone who was not born in the UK. That is an issue that goes to the heart of fairness. I do not think it is defensible, and it is certainly not sustainable. It is about equity and community cohesion.

I want to talk about planning. I believe that the Levelling-up and Regeneration Act 2023, although very much lauded, was a missed opportunity. The promise contained in the consultation on the National Planning Policy Framework of 2022 did not come to fruition; it was a missed opportunity. As my noble friend Lord Young of Cookham said, the Government capitulated, regrettably, to the nimby, short-termist tendency in the Conservative Party. Robert Colville of the Centre for Policy Studies was quite right when he described that decision, or the decision to reject any housing targets, as “selfish and wicked”.

We have a situation in which scores of local planning authorities have paused, reviewed or abandoned their local plans. That has rendered obsolete previous commitments to local housing targets. It has given a green light to planning committees to block development across the country. The five-year land supply test was dumped, green-belt reviews stopped, and the housing delivery test watered down. This has exacerbated the problems of capacity: many principal authority planning departments have a shortage of well-qualified, experienced and commercially savvy planners in particular, and of properly resourced planning departments.

Reference has been made to the CMA report into the state of the housebuilding industry, published on 28 February. I am glad to say that it put to rest the persistent accusation that major housebuilders are land banking; there was no empirical evidence to support that. But even if they were, surely the broken planning system is logically inherently to blame. The CMA actually said that

“the planning system is exerting a significant downward pressure on the overall number of planning permissions being granted across Great Britain … insufficient to support housebuilding at the level required to meet government targets and … assessed need”.

It made particular reference to the impact on small and medium-sized builders.

I share with the House the observations of the former Mayor of Cambridgeshire and Peterborough, James Palmer, who was also formerly the leader of East Cambridgeshire District Council. He says, quite rightly:

“Over the past 50 years the Local Plan system (or derivations of it) has failed to deliver the number of homes needed in England, yet we steadfastly refuse to change the way we plan for growth. Local Plans can create the illusion of promoting growth while simultaneously restricting housing development. A carefully drawn line in a town hall can turn landowners into lottery winners. Where developers don’t bring forward housing, landbanks arise. When landowners decide not to sell, new lines need to be drawn. What’s more, local authorities need only throw a cursory glance at what their neighbours are doing, which leads to disjointed and incoherent planning across wider geographies”.


That is a very important point.

The construction industry is still suffering a very difficult hangover from Covid, the Ukraine war, the rising costs of materials and energy, higher interest rates, and skills shortages. In my own area of the east of England, 17% of all business is construction-related—with £18 billion of output, according to the Construction Industry Training Board. Policy changes, especially in planning, have slowed down the construction of new houses, and this was predicted by the Home Builders Federation in March 2022. Professor Noble Francis, the economics director at the Bartlett School of Sustainable Construction, commented:

“There was a sharp fall in house building in December 2023 as house builders continued to focus on cost minimisation and completions for the subdued level of demand rather than starting new developments after the rise in mortgage rates in 2023 that priced out many new buyers, especially first-time buyers”.


Another issue, which we have discussed in your Lordships’ House on a number of occasions, is quango overreach. As your Lordships will know, in August 2023, the Government announced that they would legislate on the impact of defective EU laws intrinsic in the nutrient neutrality regulations. Despite a promise of a £280 million investment over seven years to ameliorate these issues, protect precious habitats, tackle the issue of run-off from agriculture and upgrade wastewater works, your Lordships’ House decided to kibosh that legislation and force the Government to abandon it. We are now in a position where 120,000 homes, according to the Home Builders Federation, have been subject to a moratorium on new builds. That means an unelected and unaccountable quango, Natural England, has stopped 41,000 new houses being built in Norfolk and 18,000 in Somerset, just as an example. In what other advanced, liberal democracy would such a ridiculous and incoherent policy be tolerated?

I welcome some of the things the Government have done in the long-term plan for housing announced last month around SME builders; refocusing on repurposing public sector land and brownfield development; giving greater weight in the NPPF to the benefits of housing delivery in areas of residential housing shortages; and other areas, such as permitted development. But I am not convinced that it is radical enough.

We need to look again at residential estates’ investment trusts. We need tax breaks for supported living for older people. We need to repurpose planning fees to sufficiently resource planning departments. We need to bring back local plans that are up to date to deliver housing. We need to introduce a presumption in favour of development in small sites. We need to abolish stamp duty for all purchases of homes with an EPC rating of B or above. Housing is a national emergency. We also need a Cabinet Minister specifically focusing on housing, as well as a housing ministry. This and previous Governments have, regrettably, failed young people, but it is not too late to begin to develop a vision and an ambition to deliver both for them and for our country more widely.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

The noble Baroness is right, and I have heard similar stories. That is why we have the leaseholder Bill coming through, which we will be debating in just a few weeks’ time.

In 2022-23, of those reported to my department, an estimated 77% of shared ownership purchases were made by first-time buyers and 33% of those purchases were made by buyers under the age of 30—a testament to the effectiveness of the action of this Government. Furthermore, our First Homes scheme offers first-time buyers under the age of 40 a minimum 30% discount on the price of an eligible new home, helping the younger generation get a foothold on the property ladder. The noble Baroness, Lady Donaghy, asked for further detail on what the programme has delivered. I have only the top line, which is that there were 1,250 completions through the First Homes early delivery programme to the end of September 2023. If the noble Baroness wants more detail, she is welcome to come and ask me.

Through our lifetime ISA scheme, we have helped more than 56,000 account holders to become first-time buyers. More recently, we have recognised and responded to the challenging market conditions for lenders and buyers alike through the introduction of the mortgage guarantee scheme. This supports participating lenders to continue providing 5% deposit mortgages. We have extended this until June 2025 so that we can continue providing this vital support.

My noble friend Lord Young raised the question of stamp duty, land tax and cutting capital gains tax when landlords sell to sitting tenants. The Government have already taken action by cutting stamp duty during the pandemic, up to March 2025. This is reducing the financial burden on first-time buyers across the country, but particularly in and around London and the south-east, where these pressures are felt most acutely. On cutting capital gains tax for landlords’ sales to sitting tenants, this is not a policy the Government are currently considering. Taxation is a matter for the Chancellor and any decisions he takes on tax are considered, obviously, in the context of the wider public finances.

On the work of government on preventing homelessness and rough sleeping, as raised by the noble Baronesses, Lady Thornhill and Lady Valentine, I want to set out the measures we have prioritised to prevent vulnerable people—young people particularly—such as care leavers ending up homeless. In 2022 we published our cross-government strategy Ending Rough Sleeping for Good, which recognised that young people face particular challenges accessing and maintaining accommodation.

For young people with disabilities, my department, alongside the Department for Health and Social Care and the NHS, provides capital grant funding to subsidise the delivery of a new supply of supported housing, including for disabled people. Young people with disabilities who satisfy needs-assessment eligibility criteria and a means test benefit from a wider statutory duty to provide home adaptions. There are powers to provide adaptions for those who do not qualify under that duty. Under this Government, the disabled facilities grant has risen from £220 million in 2015-16 to £625 million in 2024-25—a more than doubling of the grant. This has been well received by disabled people.

When young people do find themselves homeless or at risk of homelessness, within the next 56 days they are owed a homelessness duty by their local authority. Our single homelessness accommodation programme will deliver over 650 homes and support services for young people in this situation. This is in addition to other support, including the £109 million top-up to the homelessness prevention grant for councils and an initial £6 million for rough sleeping winter pressures.

Many of our young people want to be free to move to places where they can connect their talents with economic opportunities before choosing to settle down. This is where the private sector steps in. Increasing security and quality in the private rented sector requires ambitious reforms and the Government have stepped up to deliver. We have introduced the Renters (Reform) Bill, which will support tenants with a raft of measures, including applying the decent homes standard to the private rented sector for the first time and abolishing Section 21 evictions. The Bill is awaiting Report in the other place, which is subject to parliamentary scheduling, and it will be announced in the usual course of business management. I say to the noble Baroness, Lady Thornhill, that the proportion of private rented sector households has remained relatively stable for nearly a decade, and the number of renters has doubled since 2004.

For those in the social rented sector, we have enshrined in law, through the Social Housing (Regulation) Act, a rebalancing of the relationship between landlord and tenant. We are ensuring that landlords are held to account for their performance—an important step in improving the quality of houses across the market, which was an issue raised by the noble Baroness, Lady Valentine. We are creating a housing market fit for the future.

The Leasehold and Freehold Reform Bill will reform the outdated leasehold system in this country. From 2025, the future homes standard will future-proof our homes, ensuring that new homes produce at least 75% less CO emissions than those built to previous standards. We know that making long-term changes takes time to deliver, and the Government are doing all they can against a challenging economic background to ensure that the younger generation can access affordable, safe and high-quality housing.

Following the £188 million allocation to the housing projects in Sheffield, Blackpool and Liverpool at the Convention of the North on 1 March, last week’s Spring Budget allocated over £240 million to housing projects in London, an area where affordability is challenging, particularly for young people, as we have heard today.

The noble Lord, Lord Best, my noble friend Lord Young of Cookham and others brought up intergenerational housing. I totally agree with them that we need better older people’s housing and more choice for older people because, if we give them better housing and more choice, we can start to move the housing stock around. Some local authorities are doing that really well, but more can be done. The Government’s independent older people’s housing task force is looking at housing for older people, and it will make its final recommendations to Ministers this summer.

I hope I have answered as much as I can—

[Lord Jackson of Peterborough (Con)]

There is consensus across the House, among Members of all parties and none, that we should reinstate the local housing targets. Nevertheless, 65 local planning authorities have frozen their local plans. Is my noble friend in a position to explain or tell the House when the Secretary of State is likely to invoke his statutory powers to force those local planning authorities to come up with local plans?

[Baroness Scott of Bybrook (Con)]

I cannot say when he will do that; all I can say is that the Act is now in statute. The NPPF is now being updated, so we will encourage and support those local authorities to get the local plans in place as soon as possible.

I am being told I have run out of time, so, in conclusion, we fully recognise the unique housing needs of young people and the importance of homes to their lives. The Government are absolutely committed to ensuring those needs are met, whether that be through home ownership, the private rented sector or social housing. This debate has served as a valuable reminder of the critical responsibility we share in supporting the next generation and making sure that the housing market works for all. I once again thank my noble friend Lord Young of Cookham for bringing forward this debate and all noble Lords for their contributions today. I look forward to continuing discussions and working with noble Lords on issues relating to the housing needs of not just our younger generation but the whole of our communities.

Teesworks Joint Venture

Lord Jackson of Peterborough Excerpts

Tuesday 30th January 2024 Lords Chamber

[Baroness Penn (Con)]

My answer is the same as before: the Secretary of State, at the time of the review, considered the suggestion that the NAO undertake the review. But it is not its role to audit or examine individual local authorities, and its powers would not normally be used for that purpose. The process that has been followed for this review has been followed for other reviews of local authorities when looking at such issues. We followed the normal process in this instance.

[Lord Jackson of Peterborough (Con)]

My Lords, I very much welcome the Minister’s Statement and the robust and comprehensive report of the panel. Does she agree that, particularly in the other place, elected representatives have a special responsibility to judiciously use parliamentary privilege? I think I can say that as a former Member of the other place, and now a Member of your Lordships’ House. In future we need to learn lessons from this situation. Aspersions were cast and accusations were made of illegality against a Member of your Lordships’ House. More importantly, it did real damage to inward investment and future business in the Tees Valley. That is obviously to be regretted.

[Baroness Penn (Con)]

I agree with my noble friend that it is a matter of regret that those allegations were made, in the terms that they were made. It is incredibly serious to allege corruption and illegality. The findings of the review are absolutely clear on this; the review found no evidence of corruption or illegality.

Home-ownership Rates

Lord Jackson of Peterborough Excerpts

Wednesday 6th December 2023 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, my noble friend Lord Naseby is undoubtedly right that the mortgage market is broken. Do we not also need fundamentally to look at the planning system as well as fiscal incentives via the Treasury, particularly for small and medium-sized builders that were wiped out in the financial crisis of 2008, so that urban extensions and new garden towns and villages can be delivered to provide much-needed residential accommodation for young working families and young people generally?

[Baroness Penn (Con)]

My noble friend is absolutely right that planning is key. Many measures in the Levelling-up and Regeneration Act are targeted at supporting the planning system. We also had announcements at the Autumn Statement about improving the efficiency of the planning system and putting more resources into it. My noble friend is also right about small and medium- sized builders; part of the key to supporting them is ensuring that, when we have more difficult market conditions, we continue that supply chain and increase supplies. For example, the affordable homes programme can provide an important role in making sure that builders do not go out of business in tougher conditions.

Residential Leasehold for Flats

Lord Jackson of Peterborough Excerpts

Thursday 30th November 2023 Lords Chamber

[Baroness Penn (Con)]

My Lords, this Bill, and the other reforms that we have made in this space, are comprehensive and complex. We have taken time to look, consult and bring forward the proposals that will have the biggest impact on leaseholders today, while also committing to ongoing reform in the future.

[Lord Jackson of Peterborough (Con)]

My Lords, the Autumn Statement contained a commitment to take forward reforms to residential estate investment trusts. Will my noble friend take forward the support the House has for leveraging significant private sector funding into much-needed residential accommodation via REITs?

[Baroness Penn (Con)]

Yes, the Autumn Statement set out the way forward we are going to take on that issue. We need proper financing to support our ambitions for more homebuilding. Some of that comes through government support, but the private sector is a key partner here and we need to do everything that we can to unlock investment.

Worker Protection (Amendment of Equality Act 2010) Bill

Lord Jackson of Peterborough Excerpts

Committee stage
Friday 14th July 2023 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I support my noble friend Lord Hannan in his opposition to Clause 1 standing part of this Bill and support the amendment to Clause 2. I apologise for not being present at Second Reading. Fatherly duties in visiting prospective universities intervened, which I could not put off.

We have today a much-improved Bill and a very sensible and pragmatic British compromise. I pay tribute to the flexibility and pragmatism of the noble Baroness, Lady Burt of Solihull, and thank my noble friends Lady Noakes and Lord Moylan for their work in this respect. I was very concerned at the outset of this Bill that we were seeing legislation by anecdote, which is never a good thing. However, we have reached a position which is mutually beneficial.

I was concerned particularly about Clause 1 because I thought that it had a pernicious and consequential chilling effect on free speech. Of course, we all deprecate incivility, discrimination and sexual and other harassment, but this was not the right vehicle for addressing those very significant societal issues.

I accept that the honourable Member for Bath sought in good faith to address some of those concerns through a very narrow exemption tabled in Committee or on Report in the other place but, to me, this was insufficient to safeguard free speech and guard against the very real dangers in the Bill of damaging and divisive litigation. Clause 1 as it now stands—if kept in the Bill—would have an impact that would surely lead to regulatory overreach and a new compliance culture in business and commerce, especially in the hospitality and leisure industries, at huge, avoidable cost to entrepreneurs and business owners. It would change the relationship between businesses and their customers and, I believe, would be illiberal and draconian in policing everyday interactions between staff, customers and business owners, as well as making vexatious complaints hugely more likely.

Levelling-up and Regeneration Bill

Lord Jackson of Peterborough Excerpts

Committee stage
Wednesday 15th March 2023 Lords Chamber

[Lord Mann (Non-Afl)]

My Lords, I support this amendment and reiterate my perplexity at how the politician loves to know better than the people. The higher the politician goes, the more that politician loves to think that they know better than everybody else. That is not a powerful model of democracy. The idea that somehow jumbling around boundaries and structures, and who has which powers, will advance anything positively for society, or for the people, is a perplexing notion.

Some people have kindly suggested that I might want to stand for mayor of some body called Nottinghamshire and Derbyshire. I cannot think of anything more appalling than being stuck in some office, trying to influence an incoherent geographical structure that, if anything, thrives on its rivalry rather than on what brings it together. It is a nonsense. The notion that bigger is best for how to change things in society, whatever the Government’s agenda, is a nonsense.

I cite one example, referring, as I have before, to where I live. In neighbourhood planning, planning for rail and community planning, which district council has more such plans in place than any other? I know the answer: Bassetlaw has the most. Why does it have the most? I take a little personal credit for going out and spending many, many weeks—probably months—persuading local people that this was a good idea. It originated under a Labour Government but was put into practice with enthusiasm by coalition and Conservative Governments. I went out and sold that model to people: “Here, you can determine, at the most local level, what should happen in your area”—and people love it. The Government’s objective, which they hid away—I was more up front—was to bring forward more housing. Strangely, when local people decided what happened in their local area, they said, “Here’s where it should go” and, “That would be good”. There was not just small consent but huge consent behind it. There were remarkably high levels of agreement.

This modest amendment is on the same principle. Of course district councils have some flaws; for example, in their ability to recruit the highest grade of staff in a very competitive market. If they have someone brilliant, but it is a small unit, that person can easily be poached by a larger unit and paid more. There are some inherent weaknesses but not in the principle of where democracy lies. I would say that, across the country, the overwhelming majority of lifelong Conservative Party voters would wholeheartedly endorse this amendment, as would many more people who support other parties whole- heartedly or whose votes would float all over the place. However, if the Government do not listen to this, they are hitting their own heartland in the heart, which is not a very clever move.

[Lord Jackson of Peterborough (Con)]

My Lords, I shall briefly respond to the cogent arguments made by the noble Lords, Lord Hunt and Lord Mann. They made me almost sentimental for our time in the other place and I was taken back to the comments and speeches there from the noble Lord, Lord Mann.

Although, superficially, I can see the merit of the amendment of the noble Lord, Lord Hunt, he does not take the concept of subsidiarity into account. This is what district councils are best at doing and it is at the lower level, although the functions are important. The purpose of the Bill is to leverage funding for strategic economic benefit. It is about inward investment, strategic transport and returns to scale from, for instance, police forces and fire services working together. It is not about diminishing the role, heritage and historical legacy of district councils.

My own area, Peterborough, in 1968 was a small, semi-rural, cathedral market town. No one imagined that it was ready to become a new town and have the significant growth that it saw between then, when it was designated a new town, and the 1990s. There was massive residential housing growth, big industries coming and the expansion of Perkins Engines, Thomas Cook, et cetera. My point is that, when it was a small district council, Peterborough could not have brought that economic powerhouse and growth itself; it had to work with other agencies and the Peterborough Development Corporation.

I am not arguing for a reconfiguration of development corporations, although the noble Baroness, Lady Taylor, knows a lot about how they benefited Stevenage. My point is that you have to work with these larger bodies, which are below national but above small district council level. Take another example from the county of Suffolk. Local authorities, such as St Edmundsbury and Forest Heath were tiny; they could not deliver the core functions, in a globalised world, to bring jobs, opportunities, apprenticeships and new businesses to their areas. That is the point of this legislation; it is not about diminishing the role of district councils, but about helping them better fulfil their roles and responsibilities.

I can imagine the noble Lord, Lord Mann, becoming the mayor of Derbyshire and Nottinghamshire. I cannot think of a better candidate and am sure he would stand a good chance.

Oxford is a slightly strange example because it is, in effect, a world city. Three or four of our universities are in the world top 10, and Oxford is at the very heart of the success story of British academic repute. So Oxford is not a good example, but it obviously functions as a very important part of the greater Thames Valley, as an area of economic regeneration.

Having been a local councillor for eight years, albeit for a London borough, my heart is with the points of the noble Lord, Lord Hunt, but I think that the Government’s endeavours go in the right direction. Only if we can think big, work together and collaborate can we generate the economic activity, jobs and skills that will, eventually, we hope, regenerate local government and complement central government.

[Lord Stunell (LD)]

My Lords, it has been an interesting debate and I am grateful for noble Lords’ contributions. The noble Lord, Lord Hunt, made very clear the key part that district councils play, in particular in local communities but also in the bigger architecture of local government outside the big cities. It is an argument that the noble Lord and these Benches have advanced before and we support it.

I like the noble Lord’s amendment, of course, but I want to move on to what the noble Lord, Lord Mann, had to say. He was, I think, claiming credit for neighbourhood plans. I am delighted to hear that, because I usually claim credit for them and I know a number of Conservatives who always claim credit for them as well. They have been remarkably successful and have done just what they said on the tin. I have a tip for the Government; it is one that I keep making but they keep forgetting. Neighbourhood plans have been so successful that they have designated more housing sites than the local plans that they supersede in their areas. Rather than some of the gimmicks that flow through Whitehall and get into Acts of Parliament, neighbourhood plans have actually done the job and filled the gaps. I hope that that point will be registered strongly.

The noble Lord, Lord Jackson of Peterborough, made a sound point about economic development. It is clearly very important, but that brings me to my criticism of the Government’s intentions as far as it is concerned. Economic development is one of the core functions of district councils. If they are not going to be seen as an important component in delivering it, something has been missed out of the system. Clause 86(2) says that

“regard is to be had to … the development plan, and … any national development management policies.”

It would make an alteration to a preceding Act; the addition is

“any national development management policies.”

My point is that the development plan is there. If you want development, it is going to be in the development plan. Who is responsible for that? It is the district council.

We have a situation where the development plan is in the gift of the local planning authority, which is the district council in two-tier areas. The district council has statutory responsibility for housing, economic planning and, for that matter, the location of social infrastructure such as clinics, schools, colleges and so on. They are in fact integral to delivering levelling up. I cannot understand—I hope that the Minister will be able to tell us this—what the architecture is for the delivery of the national development management plans, which, as far as Clause 86 is concerned, clearly sit bang alongside the local plans of the district council.

On the face of it, the CCAs are completely bypassed. They do not have a role in deciding what the national plan is, nor in deciding what the local plan is. The connection is straight between the local planning authorities and district councils, not CCAs, when it comes to those planning decisions.

[Lord Jackson of Peterborough (Con)]

Would not the noble Lord concede that a large number of functions at the district council level, such as environmental health and planning, are delivered through the collaboration of district councils together for the reason that individual district councils do not have the resources in staffing or money to deliver them on their own? Therefore, a complex district plan being delivered by just one local authority may have been the case in the past but is not necessarily happening at the moment.

[Lord Stunell (LD)]

One part of what the noble Lord says is certainly true, because a lot of local plans are not happening at the moment. All I say is that the Bill restates that development plans are a key lever, together with national development management plans. Those are in the custodianship of district councils, albeit that they may well work alongside other district councils or, for that matter, in combination with the county. I am simply making the point that the legal architecture in Clause 86 links district councils’ local plans to the national development plans, while the CCAs are not in the picture. Clearly, CCAs are intended to be the absolute economic driver for levelling up; that point was made by the noble Lord, Lord Jackson. It seems odd that the principal vehicle at the local level for setting that scene—the development plan—will be outside the grip of the CCAs, for better or worse, and that the people who do the district plans will be outside the CCAs. There is a disconnect there that, frankly, disables the whole process. There I am completely with the noble Lord, Lord Hunt. Surely they should be at the heart of the process and, by the logic of that, should have the capacity to at least put forward a proposal, which would still be subject to the Secretary of State’s decision about how it might develop.

--- Later in debate ---

[Lord Young of Cookham (Con)]

My Lords, I want to make a brief contribution to this debate, because it goes to the heart of the discussion about whether we believe in decentralisation and about the role of local government in a decentralised country.

The levelling up White Paper says:

“We’ll usher in a revolution in local democracy.”


Later on, it states that local leaders in other countries have

“much greater revenue-raising powers”,

a point that the noble Lord, Lord Scriven, has just made. As I said at Second Reading, there is nothing about greater revenue-raising powers in the Bill, and the probing amendment that we have just heard moved puts that right by initiating a broader discussion.

I welcome some of the announcements in the Budget about devolving more powers to mayoral authorities and allowing local authorities to retain more of the business rates, but devolving greater ability to spend central government money and keeping more of their own money is not actually the move towards a more self-sufficient, independent and confident local government that many of us would like to see.

I take this opportunity to briefly restate a suggestion that I made in January. Over the next 10 years, some £25 billion in fuel duty will disappear as we all buy electric vehicles, and the revenue foregone will be met by road pricing, now made possible by in-car technology —a transition that successive Governments have ducked but, I suspect, will not be able to duck much longer. However, that revenue from road pricing should not go to the Treasury or central government; it should complement the existing revenue from parking and congestion charges, where it would logically sit, and go to the larger units of local government which we have been debating today. That would give local government greater autonomy and a sounder basis for local taxation than the increasingly discredited and out-of-date council tax.

There are other ways of raising local revenue, and the noble Lord, Lord Scriven, touched on a few. However, in replying to this debate, I wonder whether my noble friend can show just a little bit of ankle on the Government’s thinking—whether they are really interested in empowering genuine local democracy by giving the sort of powers implied in this amendment.

[Lord Jackson of Peterborough (Con)]

My Lords, I wish to speak briefly to this very good and interesting probing amendment from the noble Lord, Lord Scriven, and it is a pleasure to follow my noble friend Lord Young, who I know has great expertise in local government. We represented different parts of the London Borough of Ealing in different capacities over many years.

The noble Lord, Lord Scriven, has not compared apples with apples but apples with pears. We are a unitary state—we are not a federal state like Australia, Canada, Germany, Italy or France, where they have regional government and a culture of accretion of power to the local level. Therefore, we have to have some central sanction and control of the disbursal of funds. So I do not think that the noble Lord is necessarily comparing the situation that we are in wholly accurately.

However, the noble Lord makes a very astute point about the hoarding of power, particularly financial power, by the Treasury. Any Minister will tell you that, over the years, the Treasury has not wanted to give power away and has wanted to bring in power. The noble Lord is absolutely right that far too much of the funding of core local services is in effect subject to the begging-bowl approach, as enunciated by Andy Street, the executive mayor of the West Midlands.

The problem with the situation that we now have—the disparity of local councils being responsible to their electorate for decisions, in effect, taken centrally—is that central government of whatever party is in power gets the income in and can make those judgments based on its manifesto, but it is local councillors and officers who are accountable and often take the brickbats for failures. For instance, many people have argued for many years about residential real estate investment trusts leveraging private sector money to provide new, good-quality housing for young people in particular. The Treasury has never really advanced that properly, and local government could be very much involved in it. Social care is another area. All Governments should look at tax breaks for providing extra care facilities—in terms of nutrition, housing, exercise and so on—for old people from the age of 60 all the way through to death, as many countries have across the world. That is an example of a central government policy that could also help local government.

I have great sympathy for the amendment from the noble Lord, Lord Scriven. I hope there is further debate on it. It cannot be right that we cannot follow other modern liberal democracies such as the United States where local authorities and mayors have the capacity, for instance, to raise funds for the issuance of bonds, local infrastructure and capital projects. We have very restrictive financial and legal rules in this country that prevent us doing the same. On that basis, we have begun a good debate and I look to my noble friends on the Front Bench to run with it and, as my noble friend Lord Young of Cookham said, show some ankle, as it is long overdue.

[Lord Shipley (LD)]

My Lords, in the words of the noble Lord, Lord Jackson of Peterborough, we have begun the debate. That is the intention of this probing amendment, because we must have it.

Today’s Budget decentralises—but does not devolve—some powers, although not fiscal ones, to combined authorities, which is welcome but comparatively minor. In other words, if a combined authority was able to adjust a block grant and make different decisions on how to commit expenditure from it, that would be welcome. However, it is not a fiscal policy. As the noble Lord, Lord Young of Cookham, said, it would be helpful if the Government could explain their thinking on devolving real fiscal powers.

I would pick up the noble Lord, Lord Jackson, on one statement. He said that we are not a unitary state. That would be hard to explain in Edinburgh, Cardiff and Belfast, and it goes to the heart of the problem as I see it. Substantial devolved powers, including fiscal ones, reside in Scotland, Wales and, theoretically, Northern Ireland that do not apply in England. Yet England is a country of 56 million people. It is far too big to operate out of centralised control in Whitehall, but there is a very strong argument for saying that, in terms of Treasury control and the Government’s desire to do things on a hub and spoke model in which all the financial resources are controlled in London, England is a unitary state.

I want to add one thing to the excellent contribution from my noble friend Lord Scriven and the other contributions from the noble Lords, Lord Young of Cookham and Lord Jackson of Peterborough, which I really appreciated. Can the Government explain why Scotland and Wales can have fiscal powers but no constituent part of England is permitted to have them? That is the nub of the problem, and it is why starting the debate on this issue is very important.

--- Later in debate ---

[Lord Jackson of Peterborough (Con)]

The noble Baroness is making a very good point, but she will no doubt agree with me that sometimes things go wrong— for instance in the recent experiences in Slough and Thurrock —with inappropriate spending or error. In the absence of the Audit Commission, which I remind noble Lords on the Liberal Democrat Benches was abolished under the coalition Government, surely there must be some sanction at central government for inappropriate expenditure. It may be just incompetence, and not even at a criminal level. In the absence of an equivalent to the National Audit Office for local government, there must be ways for Ministers to exercise discretion on financial issues in local government on behalf of taxpayers.

[Baroness Taylor of Stevenage (Lab)]

I do not disagree that audit is required. We debated that earlier on the Bill. The authorities mentioned are Conservative authorities, as in Northampton, where my good friends in Corby lost their council because of the actions of a council of another political persuasion. That is a political point, which I probably should not make here.

A proper consideration of the role of further fiscal powers, with full engagement of local government— I am not suggesting that this is done to us because it would go against all the principles that we are talking about—could provide the basis for an empowered, innovative and dynamic shift for CCAs and their constituent members, sitting alongside the completion of the fair funding review, which has been outstanding for years now and which we have discussed previously.

Voter Identification

Lord Jackson of Peterborough Excerpts

Wednesday 22nd February 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)]

My Lords, the Government stood on a manifesto commitment to introduce voter identification in Great Britain, and we are delivering on that promise. Voter identification is not a new concept; it has been in place in Northern Ireland for 20 years, where it is seen as increasing the security of the ballot.

According to government research, 98% of the electorate already have accepted photographic ID from a wide list available under legislation. For those who do not, the voter authority certificate can be applied for today free of charge. The rollout of these measures is progressing well, and it is now incumbent on all of us to prepare. I urge noble Lords to support their local authorities in raising awareness and ensuring the successful implementation of this important safeguard for our democracy.

It is inexcusable for anybody to cast another person’s vote in a polling station. We must be alert to any weaknesses in our processes which may undermine the strength of our democratic processes. Deception within a polling station is exactly that: deception. You cannot count it because you do not necessarily know it is happening. We need to be sure, as many others have told us we should be, in order to be more secure in those polling stations.

[Lord Jackson of Peterborough (Con)]

My Lords, this is about protecting the integrity of the electoral system. It is welcomed by those of us who previously represented areas which have been bedevilled by electoral fraud—in my case, Peterborough, where we had a very famous case of personation in 2004. I would like to bring the attention of the House in more detail to the research in May 2021 from IFF Research, which found that 98% of voters have access to voter ID and that there was no difference across young and old, black and minority-ethnic people, and the general voter cohort. I ask my noble friend the Minister this: if it has been good enough for Northern Ireland since 2003, and it is good enough for Switzerland, Italy, France, Germany and Canada, then why is it not good enough for the rest of the United Kingdom?

[Baroness Scott of Bybrook (Con)]

My noble friend is absolutely right. It is good enough for Northern Ireland—which is part of the United Kingdom, and we should be following it—as it is for many other countries across the world. That is why we are rolling it out and why it will be successful.

Levelling-up and Regeneration Bill

Lord Jackson of Peterborough Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Lord Jackson of Peterborough (Con) (Maiden Speech)]

My Lords, it is an honour and a privilege to address your Lordships’ House for the first time. I do so with some humility and not a little nervous anticipation.

Walter Bagehot once remarked rather ungraciously:

“The cure for admiring the House of Lords is to go and look at it.”


I would venture quite the opposite. Having served in the other place, I have only now begun to appreciate the residual wisdom, experience and knowledge which exists among Members of this House as it fulfils its proper constitutional role of scrutiny and oversight of the Commons and the Executive.

I am grateful to the officers of the House and the staff for their warm welcome and professionalism—and not least to the excellent catering staff, who made the celebration luncheon on the day of my introduction such a unique and unforgettable occasion. I wish warmly to thank those noble Lords who did me the honour of introducing me: my noble friend Lady Stroud, who combines intellectual rigour with a principled advocacy of the family, and my noble friend Lord Lancaster of Kimbolton, a man dedicated to the service of his country, both in and out of uniform, over many years. We made our maiden speeches in the Commons on the same day in June 2005—he, no doubt, did so with much more aplomb.

Noble Lords will note that I have taken Peterborough as the geographical part of my title. I am somewhat conflicted, having been dismissed by the electors of that constituency in 2017—what is called “offboarding” in human resources—but I do not bear grudges. Not only is it a fine old city and a new town but, more importantly, it is home to friends and my family, to whom I owe inordinate thanks for their loyalty and support over many years, especially my wife Sarah.

Perhaps I myself am an example of levelling up. My mother was born into poverty in County Wexford as the Second World War broke out, and my father began his work life in the railway coachworks at Wolverton, aged 16. Their faith and encouragement have played a big part in leading me here to your Lordships’ House, as well as a degree of serendipity and luck.

It is natural that I should speak on this Bill, having been a local councillor in London for eight years focusing on housing and planning. I was honoured also to serve as a vice-president of the Local Government Association, and I advocated for elected police and crime commissioners many years before it was fashionable.

The United Kingdom is a deeply divided nation and regional imbalances are long standing, a product of over-centralisation, relatively weak local government, poor infrastructure and investment skewed towards London and the south-east. The gap between the richest and poorest parts of Britain is larger than in any other European country on any empirical measure—GDP, gross value added, regional disposable income or life expectancy, for example. It is a startling fact that, north of the line between the Wash and the Bristol Channel, where 47% of Britons live, people are as poor as those in eastern Germany or the US state of Alabama.

This Bill is an urgent necessity if we value social cohesion and a sense of national unity, as well as wealth creation and prosperity. Levelling up is not merely a slogan but a political ambition with a long pedigree at the heart of Tory thinking, and it should be seen in a wider historical context. Disparities between different parts of the country—regional, geographical, social, economic—have bedevilled us for decades. I would argue that the Brexit vote was, at least in part, a direct reaction to this endemic problem, which all Governments, whether Labour, Conservative, coalition or Liberal, have failed to address. The problem is hardly new.

Disraeli’s Sybil; or, The Two Nations, published in 1845, highlighted the growing gulf between rich and poor. Disraeli’s persuasive analysis was a catalyst for half a century of Conservative social reform, culminating in the 1867 Reform Act but also including slum clearance, public health Acts, a Factory Act and improvements in working-class housing.

I welcome this Bill—its legally binding levelling-up missions, the ambitious commitment to further devolution, practical steps to bring empty residential properties back into use and auctions for commercial properties to regenerate our high streets. But I will conclude on housing, which is my passion. I strongly endorse the Government’s target of building 300,000 new homes in England by 2025. Levelling up is also arguably a catalyst for addressing the worsening issue of inter- generational fairness. That means building affordable homes for young working people. Fewer than a fifth of under-40s now own their own home; 25 years ago, the figure was almost two-thirds. It is a parlous situation for a party that pioneered the right to buy, especially as many local planning authorities are now pausing or abandoning their local plans. I say gently to my erstwhile friends in the other place: be careful what you wish for when you vote to block housing developments. As a party that believes in the free market, it is hard to extol the values of capitalism if you keep voting to prevent your constituents owning capital. A market for votes is a free market too.

Finally, I never expected to end up in this place, but I promise to use my opportunity and good fortune for the common good and to play an active and constructive role in your Lordships’ House for many years to come.