Housing: New Homes

Lord Kennedy of Southwark Excerpts

Tuesday 8th September 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I can assure my noble friend that building good quality and beautiful housing is a top priority for government. The Covid pandemic has shown just how important housing is, and the importance of access to green space. I can assure my noble friend that the building regulations will be continuously updated.

[Lord Kennedy of Southwark (Lab Co-op) [V]]

My Lords, I refer the House to my relevant interests as set out in the register. We have got to make housing more affordable right across the spectrum of need. That means more council and housing association properties available on social rents, not affordable rents. How does the Government’s housing strategy deliver those social rent homes?

[Lord Greenhalgh (Con)]

I point out a number of measures. Obviously, the investment in affordable homes of £11.5 billion that I just announced is the largest investment in affordable housing in over a decade. In addition, the removal of the borrowing cap enables housing to be built. Councils have built 10 times more council housing in the last decade than in the previous one.

Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

Lord Kennedy of Southwark Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I refer the House to my relevant registered interest as a vice-president of the Local Government Association.

I fully support the regulations before the House today. I have a few comments and observations, but I do not intend to delay the House for very long. We have had a good debate and many of the points that I was going to raise have been raised. There is no point repeating those questions. We have heard that the regulations’ purpose is to prohibit the use of land as a protected caravan site, unless the local authority is satisfied that the owner or manager is a fit and proper person to run that site.

I concur with the noble Lord, Lord Greenhalgh, that it is important that everybody can live in a safe and secure home. That right is just as important for people living on caravan sites and in park homes, so for that reason I support these regulations. But giving this power to local authorities enables them to have the discretion to ensure that sites are properly run, and that residents of park homes are protected. My noble friend Lord Berkeley rightly highlighted that ensuring that these regulations are effective will require considerable work from local authorities. We have to ensure that these regulations are effective; many noble Lords mentioned that point.

I was here in the Chamber for an earlier debate, where regulations again put further obligations on local authorities. But of course, with obligations come costs; we have to ensure that the authorities have the funds to do this. I look forward to a detailed response from the Minister about the level of fees that can be charged. Having these costs fully covered is essential and it is important that we ensure that that happens. As the noble Lord, Lord Best, pointed out, this needs to be adequately resourced because it will take some time. I want at this point to pay tribute to his work in getting such legislation on the statute book.

I think I agreed with all the remarks of the noble Lord, Lord Bourne of Aberystwyth, particularly those about how important it is to share information and ensure that it is available. With that in mind, may I make a plea to the Minister? If in the next few weeks we are to have some emergency legislation with respect to the private rented sector, can we look at the whole question of the rogue landlords database? When that database was created, the Government decided that they did not want to make it public. We won votes here in the Lords but the Government would not listen. Then, six months later, the Government changed their minds and said that they wanted to make it public. Then they said, “We haven’t got time to get it on the statute book.” If we are to look at legislation for private renters, will the Government please ensure that they make that database public? The Government want that, we want it and I think the tenants want it as well.

Finally, the comments of the noble Lord, Lord Teverson, were important because the issue is about enforcement. As I have said, it is great putting regulations in place, but if they are not enforced they will have little effect. In a small minority of cases, we are clearly dealing with some very difficult people who do not respect the law and treat people appallingly. We need to ensure that the local authorities have all the powers they need. They need to be properly resourced to make this effective. With that, I look forward to the response from the Minister to the points raised in the debate.

Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020

Lord Kennedy of Southwark Excerpts

Wednesday 29th July 2020 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, first, I declare my relevant registered interest as a vice-president of the Local Government Association.

The regulations are obviously most disappointing. They are, I am afraid, another example of the Government’s obsession—and it is an obsession—with the planning system. It is all built on a false premise that economic growth, housebuilding and building communities are all the worse for the planning system that seeks to develop places and build stable communities with people at the heart of the decision-making process.

Of course, we get no answer from the Government—perhaps we will get an answer today from the Minister in his response—to the scandal of the hundreds of thousands of planning permissions that have been approved but where not a single brick has been laid, there is no sign of a shovel and absolutely nothing is happening. Then there is the land banking scandal, which sees land with planning permissions held by companies hoping that it will increase in value, without a brick laid or a shovel put into the ground.

The planning permissions for a million homes that have been built in the past decade are what should be addressed here, but no, we are going to allow, through permitted development rights, additional floors to be added to blocks of three storeys or more and an increase in the fees that can be charged. Taking further planning powers away from local communities and local authorities deprives local people and communities of the ability to define and shape their own area. That is bad news. I think that almost every speaker has made similar points.

The noble Lord, Lord Thurlow, highlighted some of the problems we saw in previous permitted development changes. He also referred to the construction of blocks whereby you ensure that a block is built safely but you also build it with the intention of adding many more floors on top at a later date. I hope that the Minister will answer those points.

I note that, in the information on who we may have to consult, there is no mention of the fire brigade. The Minister might say, “Of course we will consult the fire brigade”, but it is regrettable that it is not mentioned in the Explanatory Notes. That is important; in fact, it is a dreadful omission on the part of the Government.

The noble Lord, Lord Greaves, was right when he said that these proposals are a disgrace. I agree. The problem we have, which the noble Baroness, Lady Pinnock, alluded to, is that in policy areas such as planning and housing, the Government are under huge influence from the Policy Exchange, a right-wing think tank and registered charity with all the tax benefits that come with being a UK charity. When you look at who funds it, it has a rating of E; it is completely opaque. We have no idea who funds this organisation, and no idea which companies and individuals provide it with money. These are the people behind the dreaded Housing and Planning Act. Of course, one of Theresa May’s first acts when she became Prime Minister was to confine that Act to the dustbin. Well done to her for that.

As I say, these regulations are most regrettable. Clearly we can build up, but it has to be well designed with proper consultation. These regulations do not allow that. I grew up on a council estate in south London. I know the importance of ensuring that places are well designed. We all know that poorly designed and developed places affect the health and outcomes of the families and people living in them. It is important that we get this right; regulations such as these do not help in any way at all.

As many noble Lords have said, we may have lots of problems in local areas when local people find out that the block of flats down their street or where they live will have three or more floors added on and they have a limited ability to affect that. It is just wrong. Local councils and local people should be able to influence those decisions but that influence has been taken away from them.

The noble Lord, Lord Holmes of Richmond, made some interesting points when he compared the Government’s attitude to the Business and Planning Act—where nothing could be done and the measures were temporary and minimal—to their attitude here, where we can make all these changes and, again, the views of local people are not deemed important enough to be listened to.

I will leave it there. I look forward to the Minister’s response on those points and many others. I am sure that we will return to this issue again many times.

Planning Rules

Lord Kennedy of Southwark Excerpts

Tuesday 28th July 2020 Lords Chamber

[Lord Greenhalgh]

My Lords, we cover these standards within existing building regulations, which are updated on a relatively frequent basis. It is then a matter for local authorities to adopt those as part of their local plans.

[Lord Kennedy of Southwark (Lab Co-op) [V]]

My Lords, I refer the House to my relevant registered interest as a vice-president of the Local Government Association. Does the noble Lord think that the planning system supports or blocks economic growth?

[Lord Greenhalgh]

My Lords, the planning system can be improved. We are seeking to do that through the measures that we have outlined as a Government, and will continue to do so with more planning reforms to be announced.

English Language Learning

Lord Kennedy of Southwark Excerpts

Monday 27th July 2020 Lords Chamber

[Lord Greenhalgh]

My Lords, we recognise the important and valuable contribution that volunteers make to English speakers who speak other languages. A series of resource provisions has been made available and 500 volunteers continue to be engaged in proving those programmes, but I will take up the point the noble Lord makes.

[Lord Kennedy of Southwark (Lab Co-op) [V]]

My Lords, I refer the House to my relevant registered interests. It is important that everyone living in the United Kingdom learns to speak, read and write English. I endorse the comments of the noble Baroness, Lady Verma, and my noble friend Lady Massey of Darwen. But can the Minister say something about the importance of preserving our other native languages here in the UK—Welsh, Irish, Ulster Scots, Gaelic, Scots and Cornish?

[Lord Greenhalgh]

My Lords, I congratulate the noble Lord on his knowledge of Cornish. Of course, it is important to have language skills so that you can stay close to your community.

Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

Lord Kennedy of Southwark Excerpts

Friday 24th July 2020 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op) [V]]

My Lords, I declare my relevant interest as a vice-president of the Local Government Association.

I am pleased that we are today approving this order and transferring powers to the mayor and the combined authority. This has not been without its problems and, like many other noble Lords, I have spoken in debate after debate and taken part in many Questions and discussions on these proposals. I was particularly pleased to see the noble Lord, Lord Bourne of Aberystwyth, contribute to the debate today; we have spoken many times in the Chamber on this issue. Although I am pleased that the order is here, it is not without controversy, as many noble Lords have said, and I am clear that we will need to go much further in the years ahead.

My noble friend Lord Blunkett rightly paid tribute to Dan Jarvis MP, the metro mayor, and the local authority leaders coming together at what is the beginning of realising the potential of South Yorkshire residents—although, as my noble friend said, with limited resources. My first question to the noble Lord, Lord Greenhalgh, is this: how does he see the move to One Yorkshire, which, as many noble Lords have highlighted in the debate, is the desire of the overwhelming majority of all local authorities and communities in that area?

On a general point, the devolution proposals from the Government suffer from three particular problems. First, the level of resources provided is woefully inadequate to enable the true potential to be realised, and that goes for all the deals that I have seen. Secondly, the plans for local government devolution are a confused patchwork across England. There is not a clear plan or map, and that will build up huge problems for the future. Thirdly, the consultation process is weak and flawed. The noble Baroness, Lady Bennett of Manor Castle, made that point, as I have on many previous occasions.

I very much support the comments of the noble Lord, Lord McColl of Dulwich, in paying tribute to a number of key individuals, including Dan Jarvis MP. I also support his comments on modern slavery, and I pay tribute to him for all his work in this area. I urge the Minister to go back and speak to his colleagues in the Home Office and get them to take up the issues that the noble Lord, Lord McColl of Dulwich, has consistently raised in your Lordships’ House.

I very much support the desire to move to more local leaders, with real powers to make decisions to determine the future of the regions, working with their local communities. However, real power has to be devolved. The contribution of my noble friend Lord McConnell reminded me of an article I wrote for the Fabian Society in 2019, on the need for proper devolution in England. I contended that powers should be devolved in areas such as agriculture, rural development, the environment, health, housing, local government, planning, sport and recreation, and tourism.

I also very much agree with my noble friend Lord McConnell on the need for a Secretary of State for the regions and nations to sit around the Cabinet table. There has to be a hard and honest look at the need for separate offices for Scotland, Wales and Northern Ireland, as devolution has changed the map of the United Kingdom completely.

I recall the Prime Minister talking a few month ago about improving rail connectivity between Manchester and Leeds. However, people who live in the north-west and Yorkshire will tell you that we also need improved rail connectivity from Liverpool to Hull, going through Bradford, to turbocharge the economy. Only locally elected politicians understand that—the metro mayors, the locally elected Members of Parliament and the locally elected councillors—and therefore the power and resources should be in their hands. I know that it is often easier to say that as an opposition politician, but we also need to follow that through when we are in government.

I agree with the noble Lord, Lord Kirkhope, that this is progress, and I welcome it. However, we should be seeking to move quickly to One Yorkshire, and I view this order today as a step on the way. English devolution is very much unfinished business.

Business and Planning Bill

Lord Kennedy of Southwark Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Baroness Bowles of Berkhamsted (LD) [V]]

My Lords, I support Amendment 51 and thank the noble Lord, Lord Hunt, for tabling it. I agree with what he and all other noble Lords have said. The noble Lord reminded us that the performing arts are about education and stimulation, and are a balm for our souls—I guess we need that now—as well as for the economy. There is clearly a strong case to help the entertainment industry where that can be done safely. There are good links between this amendment and other matters in the Bill, such as the role of local authorities in giving permissions for new venues, and the fact that many pubs and hotels also support and are venues for live entertainment, especially for freelancers.

Various open spaces are regularly used for entertainment. Like all other noble Lords, it appears, I have strong connections with the Minack, having spent many teenage summers literally just up the road. However, there are many other spaces where it might be necessary to obtain permission from the local authority. I would like to know whether such permissions could be achieved more rapidly. I know that the usual ones are already in my local area, because we regularly have summer outdoor Shakespeare plays, but I imagine that more venues will be needed, not least because you cannot fit quite so many people when audience seating has to be socially distanced.

There must be many other entertainments that are not so threatening in terms of the aerosol effects that cause concern. I am sure that a string ensemble is not quite so threatening, or musical soloists. They could fit into smaller spaces, including pub gardens. We also have some excellent mime performances locally. Nothing compensates for the loss of theatres and concert halls, but surely that is all the more reason to be as permissive and inventive as possible to help the performing arts survive with open-air performance until indoor performances can recommence.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I support the amendment in the name of the noble Lord, Lord Hunt of Wirral, which would add a new clause after Clause 15 on the specific issue of outdoor entertainment. As we have heard, like the hospitality industry, the entertainment industry is struggling more than most. I agree that our cultural offering is the envy of the world and that it needs our support to come back to life as soon as possible, and in a way that is safe. Theatres and similar venues have been warned that they might be the last to reopen and, as we have heard and seen in the news many times, staff have been laid off.

The noble Lord’s amendment focuses on outdoor entertainment. I will be interested to hear the Government’s response from the noble Baroness, Lady Penn. Every summer for many years, my noble friend Lady Kennedy and I have enjoyed going to the Regent’s Park outdoor theatre, which is a wonderful venue not far from here. We were last there last summer to see “A Midsummer Night’s Dream”. It was a wonderful production. However, it has cancelled its entire 2020 programme; it has completely gone. It hopes to be back in 2021 with a production of “Romeo and Juliet”. I have also enjoyed going to the Luna Cinema, which shows films in locations all over the country. That is also a wonderful thing to do.

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[Lord Shipley (LD) [V]]

My Lords, my name is attached to Amendments 52, 54 and 79. The noble Baroness, Lady McIntosh of Pickering, has made an excellent case for Amendment 52. I also fully support the amendment in the name of the noble Lord, Lord Randall of Uxbridge. These amendments are all broadly similar. It is important that no applications are permitted for changes to existing conditions if they are there to reduce, remove or limit environmental impacts. Existing conditions are in place as a consequence of detailed planning consideration at an earlier date. Such restrictions, agreed or imposed then, should not be affected by this legislation and I seek the Minister’s confirmation that my fears that they could be are completely unfounded. Amendments 52 and 56 would solve the problem and I hope that the Minister feels able to accept them.

Amendment 54, in my name and that of my noble friend Lady Pinnock, is about fees charged by local authorities. It proposes a fee for extended construction hours, up to a maximum of £195, which is a reasonable figure to write into the Bill. The principle is that councils should be able to recover their costs. It does not need to be about profit, but it must ensure that the direct costs of processing, assessing and agreeing an application are achieved. Neither does it need to be about full cost recovery, if that includes councils’ general overheads. The principle of recovery of direct costs for an application is a reasonable conclusion to reach.

Amendment 79, proposed by the noble Baroness, Lady McIntosh, would ensure that any further regulations made by the Secretary of State would require scrutiny through the affirmative procedure. That is the right approach and I fully support it.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his announcement of the concession that the Government will bring forward an amendment to address the issues which I raised on Amendment 73. We had a very productive meeting with the noble Baroness, Lady Penn, and the noble Earl, Lord Howe. We made some points, the Government listened and I am very grateful.

[Baroness Neville-Rolfe (Con) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Kennedy, particularly when he is in grateful mode. I will speak only to Amendment 80, which is a probing amendment and links to the other amendments in this group only to the extent that the Bill contains temporary measures suitable for the medical and economic emergency imposed upon us by Covid-19.

As I said at Second Reading, I want to understand the sunsetting provisions in the Bill on which, in principle, I congratulate the Minister. Will all the provisions in the Bill lapse, and when? If not, why not? Why is there a disturbing provision in Clause 25 to,

“make transitional, transitory or saving provision in connection with the expiry of any provision of this Act”?

This seems extremely open-ended for an emergency Bill. How do we ensure that the various measures in the Bill are not extended when they have been subject to a relatively low degree of scrutiny?

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Moved by

[Lord Kennedy of Southwark]

76: Before Clause 22, insert the following new Clause—
“Three-month parliamentary reviews
(1) This Act expires at the end of a review period unless the condition in subsection (2) is met.(2) The condition is that both Houses of Parliament have, following a debate, passed a resolution during the review period in the form in subsection (3).(3) The form of the resolution is—“That the provisions of the Business and Planning Act 2020 should not yet expire.”(4) The first review period begins on the day 90 days after the day on which this Act is passed.(5) Subsequent review periods begin on the day 90 days after the day on which the previous review period ended. (6) A review period ends at the end of the seventh sitting day after the day on which it begins.(7) In this section, a “sitting day” means a day on which both Houses of Parliament are sitting (and a day is only a day on which the House is sitting if the House begins to sit on that day).”Member’s explanatory statement
This new Clause would ensure rolling three-month parliamentary reviews of the legislation.

[The Deputy Chairman of Committees]

I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and anyone wishing to press this amendment to a Division should make that clear in the debate.

[Lord Kennedy of Southwark]

My Lords, in my first contribution I should have declared my interests as a vice-president of the Local Government Association and as president of National Pubwatch.

Amendment 76 in my name is a solitary amendment and was first raised in the other place by my good friend the Member for Hackney South and Shoreditch, Meg Hillier MP. The intention is to allow Parliament to consider the impact of the measures introduced by the Bill and to repeal them should unintended consequences occur. I very much agree with my honourable friend in the other place that it is particularly important for Parliament to take a power to repeal measures since so little time has been given for the Bill to be debated. Are noble Lords satisfied that we have had sufficient time to scrutinise the Bill? I suggest that we have not had enough time, but there is a lot of pressure to get it agreed. It is therefore important to ensure that we have a mechanism to deal with issues.

There is one important difference between my amendment and that which was debated in the House of Commons. In the amendment before the House of Commons it was for the Commons to conduct the review, while my amendment gives a role for the House of Lords. That is in recognition of the expertise in this House. For me, that was an omission in the discussions in the other place.

I expect I will shortly be told that this amendment is unnecessary as the Bill includes a provision for the affirmative procedure for draft regulations, but that affords little scrutiny, especially in the Commons where only a small number of MPs have the chance to raise concerns. This amendment would allow Parliament to review the impact of the provisions in the late autumn. If the Minister is unable to accept it, perhaps he could explain how the Government will allow the House otherwise to repeal aspects of legislation should the concerns around provisions prove founded. I beg to move.

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[Lord Kennedy of Southwark]

My Lords, I thank the noble Earl for his response to my amendment. Obviously, I never intended to press it to a vote, and the noble Earl made some valid points on my amendment. Equally, I think I raised some valid issues with the amendment. As I said, I support the intention of the Bill and, as I raised here, I entirely accept that these are temporary measures. Equally, however, I think there is an issue if, when we put something in place that is temporary but causes unintended consequences, we have the solution be, “Oh well, hopefully I have the power to do something about it.” This may not be the tidiest way of dealing with things—let us leave it at that.

In a number of places around the country, we leave it to the local authorities to intervene and deal with the issues when we could have a mechanism to deal with them ourselves. Anyway, I hope that this will not be the case and will not be necessary, but I it is a valid consideration. I beg leave to withdraw the amendment.

Amendment 76 withdrawn.

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[Baroness Pinnock [V]]

My Lords, Amendment 77 on employee and employer considerations, in the name of the noble Lord, Lord Hain, is a timely reminder that all the elements of the Bill have a consequence on working lives and employer responsibilities, and provide opportunities to develop better working practices and relationships. Liberal Democrats have long proposed employee involvement in businesses as a means for improvements to be gained, both by the employer and those employed. This debate is important, we support the sentiments, and I look forward to the response from the Minister.

[Lord Kennedy of Southwark]

My Lords, Amendment 77, in the name of my noble friends Lord Hain, Lord Monks and Lord Hendy, and the noble Baroness, Lady Ritchie of Downpatrick, introduces the issue of employer-employee relations and highlights the role of trade unions and other organisations that represent employees in determining the success of these changes.

The Government will want to engage constructively with the relevant trade unions, and it would help the House if the noble Earl could set out how he has consulted them during the drafting of the Bill and sought their views on the issues contained in it, which have a direct consequence for the people they represent.

The Bill seeks to support economic growth, but if workers, their views and the views of their representatives are not taken account of and their safety is ignored, that is irresponsible—and I am sure the Government would not want to do that. The worst thing of course would be if we did not take their views properly into account and that failure contributed to a second wave of the pandemic, which would be—health-wise and economically—an utter disaster for the United Kingdom.

I agree very much with the comments of the noble Baroness, Lady Ritchie of Downpatrick, about how we should look to Germany and the work it does there with its works councils. I was over in Berlin a couple of years ago and saw the great work Rolls-Royce was doing at its factory just outside Berlin.

My noble friend Lord Hain mentioned the Communication Workers Union, and I fully endorse his comments. I also pay tribute to USDAW, the shop workers’ union. I was a member of USDAW for many years. Its members, the shop workers, are the people who have kept our shelves filled, and not without abuse and assaults from people. There have been some disgusting stories of offensive behaviour that shop workers have had to endure from people coming into shops. We should pay tribute to them. During the passage of the Bill concerns have been raised with me by the Bakers, Food and Allied Workers Union, which of course has many members employed in pubs, about their safety as we move forward.

I also endorse the comments of my noble friend Lord Hain that managers and trade unions working together can make a huge difference for businesses, local authorities and the rest of the public sector, particularly the NHS. We should not forget that when we clap NHS workers, pay tribute to shop workers, rightly praise local government staff and call firefighters heroes, they are members of unions such as Unison, Unite, the GMB, USDAW and the FBU. They are the same people—there are not two groups of people, one of heroes and great workers and the other of trade union people. There is something that has always frustrated me, and I raised it many times when the noble Lord, Lord Bourne, was Local Government Minister. When we discussed the tragedy of Grenfell Tower, the frankly totally unfair attacks on the FBU by the Prime Minister always irritated me. I repeatedly raised that, because it was totally unfair. Those heroes are members of that trade union. I will leave my comments there, and I look forward to the reply of the noble Earl to the amendment.

[Earl Howe]

My Lords, the noble Lord, Lord Hain, made some powerful and extremely significant points on co-operation between employers and employees, and putting that important principle into the context of the current crisis. I thank him for the way he did so. I also thank the noble Lord, Lord Hendy, and the noble Baroness, Lady Ritchie, who joined him in putting forward this amendment, and I thank the noble Baroness, Lady Pinnock, and the noble Lord, Lord Kennedy, for their contributions.

As has been explained, this amendment would require the Secretary of State to produce a strategy for employer-employee co-operation in regard to businesses implementing the provisions of the Bill, which should be done within six months of the Act coming into force. In producing the strategy, the Secretary of State would be required to consult trade unions, other employee representatives, relevant businesses and other appropriate parties. I hope that the noble Lord, Lord Hain, will take it from me that we recognise the importance of effective employer-employee relationships, particularly in the current context. We encourage a constructive approach from both sides.

The noble Lord, Lord Hendy, asked me to say why we would object to an amendment of this kind. We do not think that a ministerially led strategy for employee-employer co-operation is necessary in the context of the Bill. The simple reason for that is that decisions on how to implement the provisions of the Bill rest best with individual businesses, their employees and their representatives, who know far more about their specific circumstances than any government Minister. We do not need to involve the Government in those processes.

I agree that workers’ voices should be easily heard, so it is worth my adding that the Information and Consultation of Employees Regulations 2004 provide another important avenue for the worker’s voice in the workplace. We have recently lowered the request threshold from 10% to 2%, which we believe will encourage employers to be more open with staff about what is happening in their workplace. This has made it easier for employees to secure information and consultation arrangements with their employer on key matters relating to the employer’s strategic direction. That is another reason why we believe that this amendment is not necessary.

The Government recognise that trade unions can play a constructive role in maintaining positive industrial relations. Indeed, to answer the point made by the noble Lord, Lord Kennedy, we have worked with unions, employers and other parties throughout this pandemic to ensure that workplaces remain safe; we will continue to do so as the UK looks towards economic recovery. This is an important subject, not least because so many people owe their lives and their well-being to a great many trade union members. However, for the reasons I have given, and much as I am with the noble Lord, Lord Hain, in spirit, I am not able to accept this amendment. I hope that the Committee will agree and that, for now at least, the noble Lord will feel able to withdraw his amendment.

Homelessness

Lord Kennedy of Southwark Excerpts

Monday 13th July 2020 Lords Chamber

[Lord Greenhalgh]

I believe that the noble Lord has raised the Spanish initiative several times. Instead of following that model, our intervention strengthens the welfare safety net, increases the local housing allowance and provides discretionary housing payments to support renters.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I draw the attention of the House to my relevant interests as listed in the register. The Government deserve credit for quickly getting homeless people off the streets in response to the pandemic. Does the noble Lord agree that a return to a situation where people are sleeping rough on our streets would be tragic and unacceptable, that it must not be allowed to happen, and that it is for the Government to ensure that it does not happen?

[Lord Greenhalgh]

I agree with the noble Lord that the mission should be to ensure that those whom we have taken off the streets and placed in emergency accommodation, of whom there are some 15,000, are moved into settled accommodation as soon as possible and do not return to the streets. That is the mission of the task force led by Dame Louise Casey and, as a Government, we will strain every sinew to achieve that.

Business and Planning Bill

Lord Kennedy of Southwark Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Baroness Pinnock (LD) [V]]

My Lords, I draw the House’s attention to my interests set out in the register as a councillor and as a vice-president of the Local Government Association. We on these Benches support the purpose behind this Bill, which is to provide additional flexibilities to businesses in the hospitality sector that have been forced to cease trading for three months and more as a result of government decisions to control the spread of the coronavirus.

As many Members have pointed out through the amendments discussed in this group, alcohol sales and premises are carefully licensed for a reason: undue consumption of alcohol can result in detrimental effects for both the individual and the locality. Although this Bill provides for temporary measures, temporary measures lasting 18 months can still cause considerable disruption for residents, communities and the environment. These factors must be carefully considered.

There are helpful proposals in these amendments to extend the flexibilities to include sports clubs and bars, as proposed by my noble friend Lord Addington. As he described, these provide a significant part of the funding for community sports clubs. I hope the Government will support this extension.

Equally, small breweries that currently do not have licences, as described by the noble Lord, Lord Holmes, and others, also seem a worthwhile addition to the flexibilities provided in this Bill.

My noble friend Lady Bowles made a powerful case for businesses that are not directly part of the hospitality sector, such as supermarkets, to be excluded from being able to apply for pavement licences. I hope the Minister will make it clear that this Bill is not, in the words of my noble friend, a Trojan horse for struggling pubs, cafés and restaurants.

Flexibilities on current regulations can result in unforeseen additional concerns. The amendment of the noble Lord, Lord Kennedy, to assess their impact after three months and to ensure that these temporary changes are indeed temporary is to be welcomed.

On safety concerns, the noble Lord, Lord Bourne, made some interesting comments on the mandatory use of face masks. None of us wants the additional flexibilities to support businesses to result in easier routes for the virus to spread. The amendment in the name of the noble Lord, Lord Kennedy, about the use of cash and provision of toilets is therefore important.

Enabling digital verification, in the amendment of the noble Baroness, Lady Neville-Rolfe, which is supported by my noble friend Lord Clement-Jones, seems eminently sensible.

Temporary event notices are currently used for major local events such as festivals and fêtes. These are currently restricted to protect local communities and other licensees. Greatly expanding the number without a full consideration of the facts and impacts is questionable. With those comments, I pass on to other speakers.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I refer the House to my relevant registered interests as a vice-president of the Local Government Association and as president of Pubwatch.

Group 1 deals with a range of amendments relating to premises and alcohol licensing, including Amendment 39 in my name and that of my noble friend Lord Berkeley on temporary event notices and Amendment 41 in my name, which seeks to add a new clause on health and safety to the Bill after Clause 11.

The noble Lord, Lord Balfe, referred to there being no votes today. We do not often vote in Committee—I have now been in the House for 10 years. I have made it clear in all my dealings with the Government, at Second Reading and in my meetings with them, which have been very helpful, that I will divide the House on Report if necessary. I have been very clear on that. I hope that we will get some resolution today so that it will not be necessary, but I am certainly not averse to having a vote. I would not be accused of that.

The first amendment in this group, in the name of the noble Lord, Lord Balfe, raises the issue of cumulative impact zones, which are areas defined as contributing to community problems because of alcohol. The noble Lord rightly seeks to stop premises in these zones applying for pavement licences. I look forward to the response from the noble Baroness, Lady Williams of Trafford, explaining how she has consulted with groups such as Pubwatch and other groups representing towns and city centres.

I hope that the noble Baroness will also detail the wider assessment the Government have made of the impact of these changes on crime, and in response to Amendment 11, on police consultation, I hope she will confirm that dialogue with police, local authorities and other interested parties will continue after measures in the Bill are implemented.

The noble Lord, Lord Bourne of Aberystwyth, made the point, which I agree with, about the need for the new street drinking to be controlled and managed safely. People can then relax and support the local economy while doing so safely and helping to avoid a second spike. That is very important.

My Amendment 39, plus two amendments in the name of the noble Lord, Lord Holmes of Richmond, deal with how the provisions can help businesses which do not have the necessary licence presently, as they rely on temporary event notices. This would also help street vendors who have been hit particularly hard in this crisis and have seen their doors close, some for good. Up to 15,000 businesses have lost all their income overnight and many tens of thousands of pounds have been tied up in rent for music festivals and rolled over to 2021.

The amendment would also help small breweries, which have suffered. Many noble Lords have spoken about the support for the small brewery industry. As we have heard, small breweries have seen up to 82% of their sales reduced because of Covid-19. They have not received the same level of financial support as pubs and the hospitality sector, and that is a matter of regret. One in four breweries—about 500 of the 2,000—does not currently have any way to sell directly to the public. The Government should adopt this measure as a way of helping them in the months ahead. The noble Lord, Lord Holmes of Richmond, and my noble friend Lord Berkeley, made a convincing case for the need to help small breweries, as did my noble friends Lady Kennedy of Cradley and Lord Wood of Anfield. As my noble friend Lord Berkeley said, these small breweries have made a fantastic contribution to the variety and type of beers sold in the UK; they employ local people, and they have been devastated. We need to do something and I hope the noble Baroness will be able to give us a positive response.

My Amendment 41 seeks to highlight the importance of workers’ safety in the hospitality sector, which the noble Lord, Lord Sheikh, also referred to. I am grateful to the support I have had from the Bakers, Food, and Allied Workers’ Union for its contribution about how to address this issue. I hope the noble Baroness, Lady Williams of Trafford, will address issues such as the handling of cash and how that can be limited. In pubs and other small venues, small amounts of money are handed over. There are payment companies like Worldpay and Shopify, but in many cases if you go into a pub or a small shop and want to pay by debit card, or if you spend less than £10 or £15, they charge you. There needs to be some way in which the companies will not charge the 10p that they presently do. What contribution can they make to ensure that people use less cash and pay by debit card more? Companies would need to step up to the plate and maybe the Government could ask them to do that. It would certainly help reduce the amount of cash being used, with the benefits that that would bring.

It would be interesting to hear about the protection of security staff at entrances to licensed premises. That is very difficult normally, but particularly now that we are talking about social distancing. What support are the Government going to give those staff to ensure they can do their job properly as well as being safe?

How do we ensure that toilets are safe for staff and customers? What discussion has the Minister had with the British Toilet Association including advice on keeping toilets clean and safe? This will be of paramount importance for staff who need to ensure their toilets are kept clean and safe for their customers. Can the noble Baroness also explain what guidance the Government will offer to pubs on these other issues?

Other amendments in the group raise important points, and I hope that we will get a detailed response, particularly on Amendment 44, from the noble Baroness, Lady Neville-Rolfe, and the noble Lord, Lord Clement-Jones. They both made a clear case about allowing better enforcement of the drinking regulations, which would be welcomed. It will be interesting to see whether it is possible to bring that forward quickly. The noble Baroness, Lady McIntosh of Pickering, made it clear that there is support in the sector for bringing these matters in quickly.

I will leave my comments there and look forward to the detailed response from the Minister.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this debate and particularly to the noble Baroness, Lady Meacher, who manages to get cannabis into every debate—I admire her tenacity. If she is agreeable, I will respond to some of her comments in group six.

The general tenor of this debate is that people support the context in which this Bill is proposed, to get the economy moving and, crucially, the fact that it is sunsetted to next September. As my noble friend Lady Noakes clearly articulated, this is not about the norm but about emergency measures to get the economy moving again. As this mistake has been made a couple of times, it is important to distinguish between pavement licences and off-sales licences, which of course supermarkets have got anyway.

Amendment 1 in the name of my noble friend Lord Balfe seeks to prevent the granting of pavement licences to businesses in cumulative impact zones. It is right that cumulative impact and potential for nuisance and disorder be considered when granting these pavement licences. That is why the Bill gives local authorities the ability to effectively manage risks in their local area. If a local authority thinks problems related to alcohol or anything else could occur, they can refuse an application for a pavement licence. In granting these licences, they may also impose conditions and if these conditions are breached, the local authority may issue a notice requiring the breach to be remedied. Local authorities can also revoke pavement licences in several situations including when the licence is causing risk to public health or safety or causing anti-social behaviour and nuisance. I hope my noble friend will agree it is important to retain local authority discretion in this area and he will feel able to withdraw his amendment.

Amendment 3 is also in the name of my noble friend, and I appreciate the points he has made. We expect the pavement and alcohol licencing measures to benefit cafes, restaurants and pubs primarily. However, it is important that the Government support economic recovery whenever they can, which is why this fast-track route is available to all businesses selling and serving food and drink. It will mean that a range of businesses, including some shops, theatres, and galleries, will be able to apply for pavement licences and off-sale licences, maximising the economic impact of these temporary measures. For the reasons I have set out I am not able to accept this amendment and I hope that my noble friend will not press it to a vote.

Amendment 11 is the last of the amendments tabled by my noble friend Lord Balfe. I assure noble Lords that the Bill requires local authorities to consult such persons as the local authority considers appropriate before determining an application for a pavement licence.

To answer my noble friend Lord Sheikh and the noble Lord, Lord Harris of Haringey, the Government expect that this would include the local police force, but believe that the local authority can and should use its discretion and local knowledge to decide who to consult. To answer the question from the noble Lord, Lord Harris of Haringey, directly: yes, we have spoken to the police. We have engaged with them throughout. The most recent time that I spoke directly to Martin Hewitt was last Friday, just before we went into super Saturday. We will continue to engage with them throughout.

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[Baroness Pinnock [V]]

My Lords, the noble Baroness, Lady Williams of Trafford, has given the Committee an assurance that the Government will bring forward an amendment about restricting the time at which off-sales can be made to a limit of 11 pm. This is most welcome and deals with some, but not all, the issues raised in the amendments in this group. However, we need to see the detail of such an amendment, including the start time of off-sales under the Bill.

Noble Lords have heard the wise words of an experienced professional. My noble friend Lord Paddick knows what he is talking about. He knows at first hand the horrible injuries that can come from mixing too much drink with broken glass. He knows that this has to be curtailed. The arguments are powerful. All noble Lords who have previous or current experience in local government know how vitally important it is that these concerns are dealt with. I added my name to the amendments in the name of my noble friend Lord Paddick and look forward to them having a positive response from the Government.

My noble friend Lord Shipley asked about reducing the late-night levy for businesses whose premises were closed under the coronavirus restrictions. This is eminently sensible, and I hope that the Government can agree to the content of the amendment.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for the announcement she made to the Committee at the start of this debate. I appreciate this and look forward to seeing the amendment which the Government will bring forward. I also thank the noble Lord, Lord Greenhalgh, the noble Earl, Lord Howe, and the noble Baroness, Lady Penn. When we met online they were very kind and listened to the issues raised, as they did at Second Reading when there was genuine concern around the House about the consequences of this additional permission. I am pleased that the Government have listened and look forward to seeing the amendment.

I also thank my noble friend Lord Whitty, the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Robathan, for supporting the amendments I have put forward. There was also a formidable team in the leaders of the London Boroughs of Southwark, Camden and the City of Westminster, and the Royal Borough of Kensington and Chelsea—four boroughs with the vast majority of these licences, all saying that this would cause huge problems for them—who all came together to write a joint letter. It is good that the Government have listened to the points they made. I also have to thank the Covent Garden Community Association which was rightly vociferous about the problems this would cause—they accept that they live in a very lively area, but this would be a step too far. We began to receive support over the last few days from other local authorities and community groups, and we thank them all.

--- Later in debate ---

[Baroness Pinnock [V]]

The amendment of the noble Baroness, Lady Anelay, lays bare the deep concerns of the tourism sector. The Government’s response will be crucial. As my noble friend Lady Doocey said, the tourism sector is on a knife-edge. The example she gave from the Lake District is no doubt being felt elsewhere in regions dependent on tourism. In replying to the debate, I hope the Minister can give hope and help to these regions.

[Lord Kennedy of Southwark]

My Lords, this group contains two amendments: Amendment 42, in the name of the noble Baroness, Lady Anelay of St Johns, and the noble Earl, Lord Clancarty, and Amendment 78, in my name. These probing amendments seek to highlight wider issues surrounding support for the hospitality sector. As we heard in the debate, the industry desperately needs government backing to see it through the coming months, which is why this House is supporting the Bill and why it is seeking improvements to make it even better.

I welcome Amendment 42 and entirely agree with the comments of the noble Baroness and the noble Earl. The amendment introduces the requirement for a review of support. Given that these are labour-intensive businesses, we should bear in mind that there is an enormous unemployment risk if businesses in this sector collapse.

Amendment 78 in my name aims to start a debate on two issues plaguing the hospitality sector, the first of which is lack of consumer confidence. Many people are still cautious about visiting hospitality venues, and the Government must play an active role in encouraging customers to return safely. The second issue is rent disputes. One large pub chain told us that disputes between tenanted pubs and their owners are still unresolved and there is no effective mechanism to fix this. I hope the Government can explain how they will encourage consumer confidence to help people return to pubs.

Obviously, this is a probing amendment that highlights these issues and seeks a government response regarding how they see these points being resolved in a satisfactory way that keeps businesses open, staff working safely and customers coming through the doors, reassured that they can enjoy themselves and spend money safely. I look forward to the Minister’s response.

[Baroness Penn (Con)]

My Lords, I thank my noble friend Lady Anelay, the noble Earl, Lord Clancarty, and the noble Lord, Lord Kennedy, for their amendments. Through her amendment, my noble friend Lady Anelay raised the question of how the Government will review its measures to support the hospitality and tourism sector, and the parliamentary scrutiny of those measures. She also said that the date she had chosen for that review was the end of January. However, although some of the Government’s measures will have come to an end by then, because we are going through different phases in our response to coronavirus, many will be ongoing, not least some in the Bill such as pavement licensing and those that allow for a second summer of support, should we still be in a world of social distancing by then.

The coronavirus job retention scheme bonus will be paid from the end of January, so while we will have seen the end of the summer and potentially a more tricky autumn and winter period for the hospitality and tourism industry, we will only be part of the way through the Government’s response to the pandemic, and may be in a new phase of it.

There will be measures in place on 31 January and beyond to support the sector. Many noble Lords have spoken of the importance of the sector and how particularly hard hit it is. That is why measures are in place to support it—not only those in the Bill but the business grants that have been given to the retail, hospitality and leisure sectors, the business rates holidays now in place and the Bounce Back Loan Scheme grant. That grant is an example of our looking back at how these measures have worked after the event, and of our constantly reviewing and adapting our policy response. The bounce-back loans were a response to smaller businesses struggling to get access to the finance they need, many of which are in the hospitality and tourism sector.

Turning to the support we have provided for the tourism and hospitality sector, there is a £1.3 million destination management organisation resilience fund to support local tourism organisations in England, and the £10 million kick-starting tourism package, which gives small businesses and tourist destinations grants of up to £5,000 to help them adapt their business following Covid. The noble Lord, Lord Kennedy of Southwark, mentioned giving people confidence to go out and enjoy our tourist destinations; the kick-starting tourism package and allowing people to become more Covid-secure will contribute to that. We also have an “enjoy summer safely” campaign to market all the attractions available for people to enjoy in a safe and Covid-secure way.

I would also like to reassure the House this is not the end of the story. The DDCMS will continue to engage with stakeholders, including through the Cultural Renewal Taskforce and the Visitor Economy Working Group, to assess how we can effectively support tourism’s recovery across the UK.

I turn now to Amendment 78, which addresses various aspects of data protection. The Government publish relevant data on the Covid business lending schemes weekly, including the number of applications received and the number and value of facilities approved. Since 11 June we have been publishing monthly data on the Coronavirus Job Retention Scheme, broken down by employer size, sector and geography. That has allowed us to design measures more targeted at those that are struggling. For example, the Job Retention Bonus, set at a flat rate, will benefit those in the lower paid jobs and lower paid sectors more, because it will act as a greater incentive in those sectors. Furthermore, Visit England publishes a great deal of research, including regular surveys on visitor attractions, accommodation occupancy, day visits and Great Britain tourism. The ONS publishes fortnightly surveys on the business impacts of coronavirus which include sector-specific information. We will continue to engage with the sectors in the ways I have already mentioned.

The noble Baroness, Lady Uddin, mentioned some of the further measures announced last week that we have put in place to support the hospitality sector, including the “eat out to help out” scheme. Again, that discount is not just a financial incentive; it is about getting people out there to see that it is safe and secure to be out and about.

The noble Lord, Lord Kennedy of Southwark, raised the issue of premises that cannot afford to pay their rent because of Covid-19. They are currently protected from eviction. That protection was extended once already to the end of September 2020 and there is the option to extend it further if necessary.

The Government also published a code of practice for the commercial property sector. This will facilitate discussions during the moratorium over rent arrears and future payments between landlords and tenants to ensure best practice across the sector.

For the reasons I have set out, I hope my noble friend Lady Anelay and the noble Earl, Lord Clancarty, will be able to withdraw their Amendment and that the noble Lord, Lord Kennedy, will not move his Amendment 78 when it is reached.

Covid-19: Local Government Finance

Lord Kennedy of Southwark Excerpts

Tuesday 7th July 2020 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what assessment they have made of the financial stability of local government in England in the light of the additional (1) costs incurred, and (2) income lost, as a result of the COVID-19 pandemic.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

My Lords, councils across the country are supporting communities, protecting the most vulnerable and helping the NHS in its efforts to combat Covid-19. We have made £3.7 billion in un-ring-fenced funding available to local authorities and have introduced a targeted income support package so that they can address pressures in response to the pandemic. In total, the Government have committed nearly £28 billion to local areas to support councils and their communities, alongside more than £5 billion of cash-flow support.

[Lord Kennedy of Southwark (Lab Co-op) [V]]

My Lords, I refer the House to my relevant registered interest as a vice-president of the Local Government Association. Using his experience as a former leader of a large London borough council, what words of advice is the Minister giving his right honourable friend Robert Jenrick to help the Secretary of State stand up for local government in his discussions with the Chancellor of the Exchequer?