Rural Poverty

Lord Kennedy of Southwark Excerpts

Monday 25th October 2021 Lords Chamber

[Lord Greenhalgh (Con)]

I thank my noble friend for her insight into the local challenges faced by rural areas. That is very helpful as we consider our approach to targeting the upcoming UK shared prosperity fund. That fund will help to level up and create opportunity right across the United Kingdom in places most in need and for people who face labour market barriers. We will set out more detail, as I have mentioned before, in the upcoming spending review.

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

My Lords, I refer the House to my interests as set out in the register. First, has the Minister actually read the report referred to in the Question? Secondly, addressing in-work poverty is a subject that should concern us all. Taking that point, does the Minister accept that more rural locations have had their needs obscured and been disadvantaged by recent funding rounds, and would benefit from a fairer distribution of national funds?

[Lord Greenhalgh (Con)]

I have to declare to the noble Lord that we have a phenomenal army of policy officials who have dissected the guts out of that report. I am happy to acknowledge that I have read a summary from my officials rather than the report itself.

I would point out that of the two funds that we have been talking about, the UK shared prosperity fund, which has been piloted through the community renewal fund, targets rural areas in design—to the extent that 29% of those have a higher index of local resilience and are therefore being focused on and being captured, compared with a lower percentage of 22% for urban areas—so we are seeing a great focus on dealing with rural poverty, while of course the levelling-up fund is designed with the different outcomes in mind.

Building Safety Defects: Costs

Lord Kennedy of Southwark Excerpts

Monday 18th October 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what plans they have to ensure that victims of building safety defects are not liable for the costs of rectifying those failures.

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and refer the House to my interests as set out in the register.

[The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)]

My Lords, the Government are investing £5.1 billion to remediate unsafe cladding in residential buildings over 18 metres. The Building Safety Bill will require building owners to consider other cost-recovery routes for remediation before passing them on to leaseholders. A new developer tax and levy will make sure that industry contributes. Finally, for the small number of 11-to-18 metre buildings with cladding remediation costs, our support offer will ensure that leaseholders are protected.

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

My Lords, that is a very disappointing and, frankly, repetitive response. There has been a clear failure on the part of the Government to protect the innocent victims of this scandal in building safety. The leaseholders need to be supported by their Government and they need to hear clearly from the Government that they are no longer expected to pay for other people’s mistakes. Why cannot the Government just say that and make it happen?

Leasehold: Building and Fire Safety

Lord Kennedy of Southwark Excerpts

Thursday 16th September 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what plans they have to ensure leaseholders do not bear the costs of repairing building and fire safety defects for which they are not responsible.

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I refer the House to my interests as set out in the register and say that I am from the wonderful borough of Southwark.

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

I declare my interest in the London Borough of Hammersmith and Fulham. The Government have invested more than £5 billion to remediate unsafe cladding in buildings over 18 metres. For the small number of 11 to 18-metre buildings with cladding remediation costs, our finance scheme will ensure that leaseholders pay no more than £50 per month towards this. A new levy and tax will ensure that industry contributes, and under the Building Safety Bill building owners must explore all reasonable ways to meet remediation costs before passing these on.

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

My Lords, the action taken by the Government to date is just not good enough. Leaseholders feel abandoned by the Government. All the talk of levelling up and supporting communities means nothing. It is deeds not words that the victims need today. What will the noble Lord do today after this exchange to persuade his new Secretary of State that further action is needed? Will he come down with me to Parliament Square at 1 pm today to meet some of the victims and listen to their heartbreaking stories?

[Lord Greenhalgh (Con)]

My Lords, I am very happy to join the noble Lord in visiting the people who will be demonstrating today at 1 pm. This is continually a moving feast. I am happy to announce that we are increasing the amount of money we are putting in the waking watch relief fund, which has been a crippling cost for many leaseholders, by a further £5 million to the initial £30 million. That has helped around 20,000 leasehold dwellings and 264 buildings to date. We continue to ensure that we find ways to make sure that the original developer pays wherever possible.

Leasehold Reform (Ground Rent) Bill [HL]

Lord Kennedy of Southwark Excerpts

3rd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I start by thanking noble Lords from all sides of the House for the constructive approach that they have taken to this important legislation. The Bill leaves your Lordships’ House as better legislation than when it arrived, and I thank noble Lords for their engagement with me both here and elsewhere. Leasehold legislation can be incredibly complex, but we are lucky in this place to have the benefit of a vast amount of knowledge and experience on these matters. I express my gratitude in particular to my noble friends Lord Hammond of Runnymede and Lord Young of Cookham, and to my noble and learned friend Lord Mackay of Clashfern, for the time they have given to me and my officials in sharing their knowledge and expertise, which has led directly to amendments that have improved the Bill.

I am pleased to say that there has been recognition across the House of the importance of getting this Bill on the statute book. I thank the noble Lord, Lord Lennie, and, before him, the noble Lord, Lord Kennedy of Southwark, on the Benches opposite, for the constructive nature of the conversations that we have had on this legislation. I also pay tribute to the noble Baroness, Lady Grender, for her work on the Bill, particularly on the vital issue of transparency.

There were, of course, other issues raised with the Bill. I thank the noble Lords, Lord Best and Lord Stunell, the noble Baroness, Lady Greengross, and my noble and learned friend Lord Mackay of Clashfern, for their engagement on the issues of the retirement sector and the transition period that the Government have proposed. Noble Lords who have been carefully watching the Bill’s progress will know that there have been competing views on the length and, indeed, existence of this transition period, including how it should apply to developments that are part-sold. While I remain convinced that our proposal strikes the right balance between the sector and consumers, I have appreciated debating the issue with noble Lords.

I thank the noble and learned Lord, Lord Etherton, and the noble Earl, Lord Lytton, for their scrutiny of the Bill; both have made valuable contributions to the debate. My thanks also go to the officials who have worked so hard to get us to this position: the Bill team of Jo Cagney, Rosie Gray, Tom Sedgwick, Sema Ashami, Isabel Hendy, Jenny Frew, Ian Martin, Harriet Fisher, Elly-Marie Connolly and David Gethin, my own private office, Sam Loxton, the Whips, Senedd officials, the Office of the Parliamentary Counsel and clerks in this place.

Finally, I will take the opportunity to thank the Competition and Markets Authority for its work on behalf of existing leaseholders who have found themselves at the sharp end of unfair practices in the leasehold sector. The CMA’s ongoing investigation is playing a vital role in reforming and improving the sector, and I am sure that the whole House will want to join me in paying tribute to its efforts. The Bill will provide transparency and fairness to a new generation of leaseholders. It is a vital first step towards realising our vision of a reformed and improved leasehold system free from the unfair practices that have been the experience for far too many homeowners. I beg to move.

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

My Lords, I join the Minister in thanking Members on all sides of the House for their contributions and expertise in working to get the Bill to where it is today. I also thank the Minister, the noble Lord, Lord Greenhalgh, for his courtesy in his dealings with my noble friend Lord Lennie and myself. We appreciate that very much. I also thank all the officials and his Bill team for their work with us. I place on record my thanks to Ben Wood and the office of the Leader of the Opposition for the work that they did.

My involvement was in the Second Reading of the Bill. I then became the Chief Whip, so I departed the scene, leaving it all to my noble friend Lord Lennie. I have come back to make these final remarks as my noble friend cannot be here today. I thank him in particular for all the work he did in taking up the Bill very much at short notice. I think we have made the Bill better than it was when it first came to this House. This is the first stage in leasehold reform; there is very much more to be done. We look forward to the work of the Law Commission and to a Bill that will address other leaseholder problems—but this is a good first stage and I am very happy with where we have got to so far.

[Lord Stunell (LD)]

My Lords, I too offer my thanks to those who have contributed to the improvement of the Bill and, in particular, to say that the Minister has been exceptionally helpful and generous with his time in proceeding with it through Committee and at the intermediate stages. My noble friend Lady Grender would have liked to be here, but I am speaking in her place on this occasion.

I have given notice to the Minister that I believe there is one aspect of this that still requires a word of clarification, which I hope he will be able to give as we move on. It is clearly very important that this Bill makes rapid progress, and even more important that the second Bill, long promised, follows close on its heels. The issue relates to retirement homes and those blocks that are partially occupied at the time that the changes instigated by this Bill come into force. There is a serious risk of a two-tier market in those blocks if this is introduced wholesale across every part of the same block. I hope that the Minister will be able to clarify the Government’s intent and the effect of this legislation, so that those who have made representations to me can have some understanding of the direction in which this legislation will now proceed. With those few words, I am very happy to see the Bill pass into law.

Grenfell Tower: Demolition

Lord Kennedy of Southwark Excerpts

Monday 6th September 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what plans they have to demolish Grenfell Tower and what discussions they have had regarding the safety of the site and whether they have consulted with the survivors, families of the victims and the local community regarding the future use of the site.

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

My Lords, I beg leave to ask the Question of which I have given private notice. In doing so, I refer the House to my relevant interests as set out in the register.

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

The Government recognise how important and sensitive this decision is, particularly for bereaved families, survivors and local residents. Following important independent safety advice, the Government are engaging closely with the community as we consider what the future of Grenfell Tower should be. No decision has been made.

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

My Lords, over the weekend, survivors, victims’ families and the local community found out about the plans to demolish Grenfell Tower through reports across the media. The decision to speak to the media before any consultation with those affected was completely wrong. Can the Minister confirm what discussions have taken place with structural engineers and other professionals regarding the demolition of the tower and the future of the site? Can he also confirm that full discussion and consultation on the demolition of the tower and the future of the site will take place urgently with survivors, victims’ families, Grenfell United and the local community, and that he will ensure that there are no more of these lapses and no more of this frankly disrespectful treatment of those people by the Government? Also, will he take the opportunity now to apologise for the briefing over the weekend and the reports in the media?

[Lord Greenhalgh (Con)]

My Lords, I want to be absolutely clear that this was not a briefing by the Government; it had nothing to do with the Government. On Friday, I had a meeting where it was made very clear that no decision had been taken—so I was as surprised as the noble Lord by what we read in the Sunday papers and subsequently. The Government have embarked on a phase of concentrated engagement on the future of the tower; this started around a year ago and has intensified since May, when we published a series of engineering reports that included a peer review of the major review that was carried out by Atkins. I can certainly continue to make the point that the Government will proceed by very carefully engaging with and consulting the community on this very sensitive matter.

Mortgages: EWS1 Form

Lord Kennedy of Southwark Excerpts

Tuesday 29th June 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what steps they intend to take to help leaseholders who are unable to sell their flats due to mortgage providers insisting on an EWS1 form despite the guidance from the Royal Institution of Chartered Surveyors.

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I refer the House to my relevant interests as set out in the register.

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

We will continue to challenge industry on inappropriate use of EWS1 forms. We have asked lenders to publish data, so that home owners can see how the guidance is being applied, as well as the impact of the process on mortgage applications. Data from one major lender suggests that an EWS1 form already exists for 50% of mortgage applications where one is requested. We are working with industry to ensure this picture improves.

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

My Lords, the problem is that mortgage providers are insisting on a form that is not necessary, against the guidance from the Royal Institution of Chartered Surveyors. People cannot sell their homes because of the actions of overzealous financial institutions, and buyers cannot get mortgages. Can the Minister say more? Has he spoken to UK Finance to sort this issue out? Sadly, for me, this is another example of woeful failure by the Government—all promise and no delivery. Again and again, home buyers have been let down. Issues of fire safety, building safety, poor construction and financial failure are not going away. The Minister will be brought back here, again and again, until the Government finally take some action.

[Lord Greenhalgh (Con)]

My Lords, we have had repeated engagement with both UK Finance and also the Building Societies Association on this matter. We are seeing a picture that is troublesome but is continuing to improve, bit by bit. We have taken a number of measures to ensure that we encourage lenders to take a more proportionate approach.

Homeowners: Cladding-related Costs

Lord Kennedy of Southwark Excerpts

Thursday 24th June 2021 Lords Chamber

Asked by

[Lord Kennedy of Southwark]

To ask Her Majesty’s Government what plans they have to protect homeowners from further costs as a result of unsafe cladding, in addition to the £5.1 billion investment in building safety

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

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so refer the House to my relevant interests as set out in the register.

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

The Government will fund the cost of replacing unsafe cladding for leaseholders in residential buildings of 18 metres and over in England. This will make homes safe and protect leaseholders from costs. There is no reason to suggest that there will be a funding shortfall for eligible applications to our remediation funds.

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

My Lords, the response from the Government is woefully inadequate. When will the noble Lord, the Government and the Prime Minister get a grip? The thousands of people trapped in this living nightmare need their Government to help and support them. When are we going to see action on the failures of the companies who built these buildings; the professional failures; the insurance companies not delivering on their obligations; the increased insurance premium costs levied on people; the building safety fund contract terms, which are not fit for purpose; the unrealistic bills being sent to innocent victims; the dangerous fire safety and building safety defects which have not been addressed; and the EWS1 form fiasco, which is making buildings unsaleable? What will it take to get the Government to make those responsible pay up, so that innocent victims get the justice they deserve?

[Lord Greenhalgh (Con)]

My Lords, I think that extended beyond two points. In addition to the unprecedented sum of £5.1 billion towards the remediation costs, we recognise the need to strengthen redress mechanisms. That will come forward as part of the building safety Bill. We have also stepped forward to support the installation of many hundreds of alarms to ensure that people do not have to pay for a costly waking watch, with our waking watch relief scheme of some £30 million. We recognise that it is for the building owners to shoulder their statutory responsibilities to keep their buildings safe. We will continue to work with all levels of government to make sure that that happens and that the costs are not passed on to the leaseholders.

Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021

Lord Kennedy of Southwark Excerpts

Tuesday 8th June 2021 Lords Chamber

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

My Lords, I draw the attention of the House to my relevant registered interests as a vice-president of the Local Government Association, a non-executive director of MHS Homes Ltd and chair of the Heart of Medway Housing Association. I should make clear that at the appropriate time I intend to divide the House on my regret Motion.

It is extremely disappointing that this order is before us. I concur with many of the remarks of the noble Baroness, Lady Pinnock. However, sadly, it is how the Government operate, with scant regard for communities, the need to make their areas sustainable or, frankly, any understanding of what a stable community actually is. The order is another example of the Government’s inept planning policy. I have stood here so many times in recent years discussing orders, planning Bills and so on. They are just non-stop and I am sure we will be back again. The Government are completely inept in what they are doing.

Imagine if the roles were reversed. The noble Lord, Lord Greenhalgh, would be standing up and demanding, “You must let local communities have their say. How dare you do this?” I am sure that he would make the arguments that I am now giving. The Government have no interest in what local communities want to do. The noble Lord should know because he has been the leader of a council, whereas I have been only a member of a council. He knows how much councillors are the voices of their local communities and how much the local community wants to engage with its council. What we have here pushes all that to one side. It will hold back our high streets and open the floodgates for poor-quality housing in towns, cities and villages across England with no regard for what communities actually want.

What happened to localism? That word has disappeared from the Government Benches recently. There is nothing about that any more. Now Whitehall will decide and you will do as you are told. Localism was another fad from the Government—another slogan that has now gone out of fashion.

The country is in desperate need of affordable housing. We talk about it all the time. This order does nothing to achieve that. Instead, what we have here is a developers’ charter that removes powers from locally elected representatives and hands them to Whitehall-appointed boards. As the noble Baroness, Lady Pinnock, said, there is virtually no scrutiny whatever, just a negative Motion before the House. There is no legislation here. The Government are not prepared to put it in front of the House of Commons. It is only because we have tabled the regret Motion and the fatal Motion that we are actually debating these issues. The Government are running scared from debating them.

There are three main reasons why I have tabled this regret Motion and I will set them out. I believe that this order will hold back communities. First, it takes away from local people and locally elected people the ability to make their points known. Local councillors know their area best. They are the right people to decide. Instead, we are transferring powers to Whitehall-appointed boards. It shows contempt for local representatives. More than that, is the Minister actually saying that the boards and the Government know better than local councillors and local people? Surely, he is not saying that at all. Local communities know their interests and their needs and know what needs to happen in their area.

The second concern from these Benches is the risk of swathes of poor-quality housing appearing as a result of this order. We have enough poor-quality housing in this country. We have a housing crisis, as the Minister knows. We talk about it all the time in this House. This will do nothing at all to help that. We need good-quality homes and this, sadly, will do nothing to deliver on that.

The third point is about how it seems acceptable to let it go through with little scrutiny in Parliament. The risk is that we will see retail units being converted to low-quality flats. There is no guarantee that they will be what the local community actually wants. It could also decimate town centres. We all know that our high streets are in crisis. I would like the Minister to set out for us how this order will help and save our high streets. It does nothing for them at all. It adds to the risk that our high streets will become ghost towns. In these tough times for local businesses, the Government should be standing with businesses and communities and ensuring that our high streets and town centres are developed and supported, but, sadly, they are not.

To be clear, I intend to divide the House on my regret Motion when the time comes but neither I nor my Benches will be supporting the fatal Motion in the name of the noble Baroness, Lady Pinnock. I like the noble Baroness very much and I respect her views but I am also conscious of the constitutional position of this House. The House has the power to put forward fatal Motions but should use that power very sparingly. I want to express my regret, annoyance and anger at what the Government are doing here. They need to behave better on these things and should have put them in front of the House of Commons in proper legislation to have them debated.

I suspect the Government are not doing that because they know the problems they will have from their own Back Benches in the other place, in particular, if they put these proposals forward. That is why they are using this negative measure. It is regrettable that it takes away the voice of local communities and will hold back the high street. It also does nothing to improve the housing situation. I suspect that this is the way that the Government will continue on a number of issues. I will leave it there. As I said, I will put my regret Motion to the vote but will not support the fatal Motion.

[The Deputy Speaker (Lord Alderdice) (LD)]

The noble Lord, Lord Lilley, has withdrawn from the debate so I call the noble Lord, Lord Berkeley.

--- Later in debate ---

[Lord Ashton of Hyde (Con)]

My Lords, with the agreement of the usual channels, we are going to defer both votes until tomorrow, so they will be on tomorrow’s Order Paper. After this, to give everyone time to move over to the next business, we will have a short adjournment.

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

I thank the Government Chief Whip. I would have been very happy for my vote to be agreed by the collecting of voices, but the Government did not take me up on that offer. Obviously, I fully understand about these technical issues and we are happy for the votes to take place tomorrow.

Rogue Landlords Register

Lord Kennedy of Southwark Excerpts

Wednesday 26th May 2021 Lords Chamber

[Lord Greenhalgh (Con)]

We have taken a balanced approach whereby we have tried to ensure that we do not see the mass evictions the noble Lord refers to. Equally, it is important that we crack down on rogue landlords. We have invested close to £7 million to improve the enforcement powers of local authorities, because those who do overstep the mark need to feel the full force of the law, whether that is the criminal law or housing legislation.

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

My Lords, I refer the House to my relevant interests as set out in the register. Does the noble Lord think that the whole concept of the rogue landlords database has so far been a failure? Notwithstanding his answer to that, what is he planning to do to make the intent behind the concept a reality? Can we have a bit more detail on the White Paper and future measures?

[Lord Greenhalgh (Con)]

I do not accept that it has been a failure, partly because of the time taken going through the process of charging and convicting individuals. As I pointed out in the previous answer, it is one of a number of measures that we introduced to tackle the issue of rogue landlords. Obviously, we are consulting on a number of wider measures, including increasing the scope and accessibility of this database as part of that White Paper. More will be announced later in the year.

Fire Safety: Leaseholder Bankruptcies

Lord Kennedy of Southwark Excerpts

Monday 24th May 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I point out that our approach prioritises action on the risks of unsafe cladding, which is what accelerates fire. The costs for remediating this, and the risk posed by it, are high. We are putting in unprecedented sums to cover those costs.

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

My Lords, when does the Minister think the Prime Minister will take action to honour the promise he made in the House of Commons, when he said:

“We are determined that no leaseholder should have to pay for the unaffordable costs of fixing … defects that they did not cause and are no fault of their own”?—[Official Report, Commons, 3/2/21; col. 945.]

[Lord Greenhalgh (Con)]

My Lords, the Government have now committed more than £5 billion to the remediation of unsafe cladding. That will ensure that remediating the most risky element of a building will be covered in its entirety for those in high-rises and a substantial part of it for those in buildings of medium height.