Leasehold and Freehold Reform Bill

Debate between Lord Jackson of Peterborough and Lord Gascoigne

Report stage & 3rd reading
Friday 24th May 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, briefly, I support my noble friend Lord Howard of Rising’s amendment. It is important to put on record some of the concerns about the marriage value and grandfathering issues that the Bill has thrown up, and the problem of significant ramifications and externalities, and unintended consequences, that may fall as a result of this Bill becoming an Act later today. It is important to also put on record, as the noble Lord, Lord Hacking, said, that it is an unsatisfactory position that such a complex and potentially difficult and litigious Bill should be debated in the final stages of the last day before Prorogation.

I should say at the outset that I am very grateful to David Elvin KC of Landmark Chambers for the legal work that he has done on this Bill. Freeholders, many of them individuals who rely on income from ground rents and marriage values, should not be penalised. Government figures show that, of the 5.2 million leaseholders in the UK, only 400,000 will benefit. This issue is one of fairness and equity. Four-fifths of those leaseholders are in London and the south-east, and two-thirds are not owner-occupiers. Just 240,000 owner-occupier leaseholders stand to gain.

The Residential Freehold Association describes the reforms as

“a totally unjustified interference in the legitimate property rights of freeholders”.

It claims that the Government may need to pay out £31 billion in compensation for erasing the value of these investments. Mick Platt, director of the RFA, said, very pertinently:

“Given the UK’s proud history of protecting legitimate property rights and respecting contract law, it would ordinarily be unthinkable for investors to have to rely on the courts to protect their interests, but this is inevitable if Mr Gove pushes these proposals through”.


Marriage value currently forms part of the property value and is shared equally between freeholders and leaseholders where leases are under 80 years. The original social justification for enfranchisement allowed the recovery of market value and an equitable share of marriage value. This reform takes that away and, subject to any transitional provisions, removes a whole element of the value from the freeholder without compensation, so that any assessments of, or reliance on, existing market values will be frustrated. As has been said by my noble friend, it will be, in many cases, a retrospective deprivation of value in that it applies to existing interest.

I want to specifically address the point made by my friend the noble Baroness, Lady Fox of Buckley—with whom I very rarely disagree because she is eminently sensible on pretty much everything she opines on in this House—about lawyers casting their eyes on this legislation. In Lindheim v Norway, before the European Court of Human Rights, the state sought to manipulate market value in mandatory lease extensions by fixing the rent at historic, rather than current, value, and the Strasbourg court held that this violated Article 1 of the first protocol of the European Convention on Human Rights. You do not often get me citing the European Convention on Human Rights, but I will make an exception today because this is an important issue.

Although the social measures pursued a legitimate aim in the public interest, none the less the measure did not strike a fair balance, given the burden placed on property owners. The proposed abolition of marriage value in this Bill represents a significant departure from established property practices. The unilateral transfer of value from freeholders to leaseholders without compensation raises legal, ethical and practical concerns.

As I finish, I make the point that the Government should look benevolently on Amendments 20 and 21 on grandfathering, because they provide an interesting way forward. It would adjust the balance in applying assumptions which remove marriage value only to those leases with more than 80 years remaining at the time of commencement of the relevant provisions.

The Minister has done an excellent job defending a very sticky wicket against some quite awkward googlies. I know that we all have had very little time to prepare for this, but this needs to be put on the record because this legislation has the potential to give rise to very serious division, litigation and difficulties, and unintended impacts in the property market, which will mean fewer people have the benefit of owning their own homes or having leases. With that, I conclude my remarks.

[Lord Gascoigne (Con)]

I thank my noble friends Lord Howard of Rising and Lord Moylan for these amendments. They lay some of the groundwork for the grandfathering amendments to marriage value, which will be discussed later—in group 7, I think—and we will debate the substantial matters then.

One thing I would like to say now, so that I am not accused of ignoring it, is that the Leasehold and Freehold Reform Bill is considered by the Government to be A1P1 ECHR-compliant as introduced to both Houses. Indeed, the valuation scheme itself and constituent parts are A1P1-compliant. We will come back to that in a couple of groups.

It is worth pointing out that Amendment 16 would not only grandfather marriage value but remove such leaseholders left owing marriage value from the standard valuation method altogether. The consequences of this would be that they would not only be left owing marriage value but would not benefit from any valuation reforms, including to the treatment of ground rent rates and so on. Moreover, since there would be no specific provisions for valuing their properties outside of the standard valuation period, leaseholders and freeholders would be left to negotiate all aspects of the valuation. This would result in much greater costs, delays and litigation. I therefore kindly ask my noble friends not to press their amendments.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Jackson of Peterborough and Lord Gascoigne

Report stage
Wednesday 6th March 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

I take on board the noble Baroness’s view, but I am not making a Second Reading speech. I am speaking specifically about these amendments.

[Lord Gascoigne (Con)]

My Lords, there is a long day ahead and there have been many deliberations on all these subjects beforehand. Good points have been made about the Companion. I ask that every noble Lord observes what is in it and tries to be as concise as possible.

[Lord Jackson of Peterborough (Con)]

I thank the Whip for that guidance. If I can proceed to conclude my remarks—

Refugee Integration

Debate between Lord Jackson of Peterborough and Lord Gascoigne

Thursday 18th January 2024 Grand Committee

[Lord Gascoigne (Con)]

My Lords, like others, I thank the noble Lord, Lord German, and all who have contributed today. As he said, the debate has been well attended, which is a credit not just to him for securing the debate but to all noble Lords who are concerned about this issue and how we work together to integrate refugees further.

As has been clear, the debate is important, and I assure noble Lords that the Government approach this task with the seriousness and care that they would expect. We seek to support and help refugees as they begin their lives in the UK in a number of ways, and I will set those out before I respond to some of the other specific points that have been raised.

First, all those who have been granted refugee status or humanitarian protection in the UK are granted immediate access to public services—as we have discussed, this includes education, healthcare and the benefits system—as well as to the labour market. As has been said, these provisions are there to help foster integration and self-sufficiency, so that refugees can provide for themselves and their families, as well as make a positive contribution to the economy and society.

As has been noted by your Lordships, and as I think we all agree, employment can be and is an important step on the path to integration. There is the obvious financial benefit from earning an income and becoming self-sufficient in the longer term, but there are also opportunities to engage with others, expand social networks and learn and practise speaking English. That is why those granted refugee status have immediate and unrestricted access to the labour market.

Points have been well made about how refugees can sometimes face additional barriers to labour market participation, which is why the Government are funding the delivery of a bespoke support package to help refugees to overcome these barriers and move into work. The Home Office recently launched the Refugee Employability Programme in England, which is focused on increasing employability prospects for refugees through the provision of tailored employment support, integration support and English language training. The noble Baroness, Lady Taylor, asked a number of questions about departments working together. I hope she sees where they do so; this is one area. Officials also work closely with the Department for Work and Pensions to ensure that all those whom we resettle or whose refugee status is recognised are aware of and receive the support to which they are entitled.

As your Lordships raised, the ability to speak English is key to helping refugees integrate, as well as to breaking down barriers to work and career progression. That is why English language training is a fundamental element of the support available under the new Refugee Employability Programme. The Department for Education in England funds English for speakers of other languages through the adult education budget. All refugees and those granted humanitarian protection are eligible for full funding for ESOL if they are unemployed and looking for work. I will come back later to some of the other specific points on education.

Once granted asylum, individuals must transition to mainstream services from the support and accommodation provided while their asylum applications are processed. The Government currently have in place measures that ensure that an individual granted asylum remains on asylum support and in asylum accommodation for 28 days from the point of the biometric residence permit being issued. We recognise the importance of a biometric residence permit to obtain onward support; it allows newly recognised refugees to integrate and establish themselves. We are working to ensure that BRPs are issued within five to seven days of the initial decision. However, individuals should make plans to move on from asylum support as soon as they are served their asylum decision, regardless of when their BRP is issued. In most cases, this is in advance.

Early in this period, Migrant Help, which is contracted by the Home Office to support newly recognised refugees, will also provide support and advice on how to access services and where to get assistance with housing.

We recognise that the number of individuals moving on from the asylum support system is adding pressure on local authorities and their housing allocation capacity. The Home Office and the Department for Levelling Up, Housing and Communities are working closely on this and have been regularly engaging with local authorities to ensure that they are supported as well. There are a number of improvements in train to ensure that local authorities receive early notification of those being granted asylum and leaving Home Office asylum accommodation. Following notification of an asylum decision being made, accommodation providers will notify local authorities within two working days. We are working with providers to ensure that this is applied consistently and in a timely manner across all areas. We are also working to ensure that individuals are offered support from Migrant Help or other partner organisations when they receive a decision on their asylum claim.

I will try to address the very good points that have been made. Forgive me; there are some that I may have missed. I will do as much as I can and, if I am unable to answer them, I will write.

The noble Baroness, Lady Neuberger, spoke about asylum seekers not being able to work while they await the decision. I completely understand the point, which has been well made by many others not just in this debate but in previous debates, especially in the Chamber. We do not want to be in a position where we create pull factors. It would be an incentive for asylum seekers to enter our system if we were to go down that route.

Your Lordships made a number of points about grant rates, specifically on what the Government are doing to clear the backlog and on the checks. I assure your Lordships that rigorous checks are made on claims before and when decisions are made. My noble friend Lord Jackson asked about the grant rate compared to the European Union. Obviously it is not always possible to give a direct comparison. For example, there is a mix of nationalities, protection needs, operational resources and policy decisions. Currently there are a large number of applications with ongoing conflict. The department is prioritising older claims, children, those in support and those with extreme vulnerability.

The noble Lord, Lord German, asked about the RTOF and the pilot. The evaluation is ongoing, I am afraid. Once it has come to its conclusion we will write to him with further details once we have learned those lessons.

The noble Lord, Lord Green, asked about tracking the 90% who pass through safe countries. I assure him that our system is robust and that rigorous checks are made on that.

The noble Lord, Lord Carlile, asked whether the Government will take heed of the recommendations of the Commission on the Integration of Refugees. We look forward to seeing its report in due course, and I assure him that we will consider it carefully. I am sure it will be discussed in detail in the Chamber at some stage.

The noble Baroness, Lady Taylor, and others asked about the support and close working with other departments. As I said, there are a number of occasions where departments work together, which we will obviously continue to do. To be clear, it is not just the Department for Levelling Up, Housing and Communities but the DWP and the DfE.

The right reverend Prelate mentioned his right reverend friend the Bishop of London, and my understanding is that there is some outstanding correspondence and that one of the Home Office Ministers has since written. I spoke to the Minister this morning, and he wanted me to pass on that he is aware that there needs to be a response to that. He is happy to have the conversation once he is in a position to do so. I assure noble Lords that the department is on it and they will meet.

There were a number of other issues—I have written them down—but, in the interest of time, I will just thank the noble Lord, Lord German, again for raising this debate, and all those who participated in the debate. I hope one of the things we can take away is that the Government recognise the importance of supporting refugees towards integration. It is certainly not the case that we see them as a burden, as was said; we do not. We continue to explore how refugees can be supported towards integration more effectively and how to improve their outcomes. That is why we have been testing a different model of support through our recent refugee transition outcomes fund pilot, as mentioned, and it is why this programme and the new Refugee Employability Programme are being evaluated. This is so that learning can be captured and can inform policy developments in this space.

[Lord Jackson of Peterborough (Con)]

Will the Minister address, possibly in writing, extending the social impact bond projects and the learning from those? On a comment from the noble Baroness, Lady Hamwee, will he look again at the government policy on volunteering to enable better integration of asylum seekers through not work but volunteering?

[Lord Gascoigne (Con)]

I apologise—the noble Baroness, Lady Fox, and others also made that point about integration. I assure my noble friend that I will write on that.