Social Housing: Awaab’s Law

Debate between Lord Khan of Burnley and Baroness Penn

Tuesday 22nd October 2024 Lords Chamber

[Baroness Penn (Con)]

My Lords, on behalf of my noble friend Lady Scott of Bybrook, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

My Lords, first, I pay tribute to the noble Baroness, Lady Scott, for her tireless work under the previous Government in introducing the enabling powers for Awaab’s law through the Social Housing (Regulation) Act. I also pay tribute to Awaab Ishak and his parents, and the family’s efforts in campaigning for Awaab’s law. Their constructive work with the Government on this crucial policy deserves this place’s thanks and recognition. The Government will introduce Awaab’s law in both the social and private rented sector. This will support tenants to secure faster repairs, reducing health and safety risks. We will bring forward secondary legislation for Awaab’s law in the social rented sector in autumn.

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[Baroness Penn (Con)]

My Lords, I understand that the Government have extended the timeline for implementing the secondary legislation that will set the standards that social landlords must comply with under Awaab’s law in order to also set out the rules that private landlords must comply with under the Renters’ Rights Bill. However, given that winter is approaching, bringing colder and damper days and nights, will the Minister commit to a more urgent timeline to ensure that no other child dies because of inhumane housing conditions?

[Lord Khan of Burnley (Lab)]

The consultation received over 1,000 responses. It is important that we consider these responses in full before confirming the requirements of Awaab’s law. We intend to publish the Government’s response to the consultation and lay the statutory instrument for Awaab’s law in Parliament this autumn. Alongside it, the Renters’ Rights Bill will ensure that we have similar legislation for the private rented sector. The noble Baroness is right that we want to get this done as fast as possible. No one should ever have to lose a child because of the condition of their home. No one should have to suffer appalling living conditions. Nor should anyone feel powerless in the face of landlords who will not listen to them or who make them feel like they are the problem when they ask for help.

Religious Hate Crime

Debate between Lord Khan of Burnley and Baroness Penn

Tuesday 15th October 2024 Lords Chamber

[Lord Khan of Burnley (Lab)]

My noble friend makes an interesting point, but let me be quite clear that we have a lot of plans moving forward. I hoped to talk about having these plans in place, but we are at the very difficult stage of finalising our plans. Rest assured that I will come back to my noble friend and the House about some of the challenges when we have our finalised integrated approach. The steps we take will be able to alleviate a lot of the issues that my noble friend raised.

[Baroness Penn (Con)]

My Lords, in opposition the Labour Party adopted the APPG’s definition of Islamophobia. Have the Government now adopted that definition and, if not, why not? If they are still considering the matter, what are the specifics of that definition that need clarification in order for the Government to make up their mind?

[Lord Khan of Burnley (Lab)]

A new definition, which the Government will work towards, must be given careful consideration so that it comprehensively reflects multiple perspectives and considers the potential implications for different communities. We understand the strength of feeling on the issue of the APPG’s definition, and we want to make sure that any definition comprehensively reflects multiple perspectives. We are actively considering our approach to Islamophobia, including definitions, and will provide further updates in due course.

Electoral Commission Strategy and Policy Statement

Debate between Lord Khan of Burnley and Baroness Penn

Tuesday 6th February 2024 Lords Chamber

[Baroness Penn (Con)]

My Lords, I thank all noble Lords for their thoughtful consideration and input today. I will seek to address some of the points made by noble Lords, although I may not be as wide-ranging in my responses as noble Lords were in their contributions.

I agree with both noble Lords, Lord Khan and Lord Rennard, about the value of the contributions that we have had in these debates previously in this House by both Lord Judge and Lord Mackay. While the Government did not always agree with those points, we are all the poorer for their absence from the debate we are having today.

The noble Lord, Lord Khan, questioned whether the statement sets the priorities for the commission. The introduction of the statement will not replace the commission’s other duties. The commission will continue to set its own priorities; I reassure all noble Lords on that matter. The noble Lord, Lord Khan, asked what happens if the statement conflicts with the commission’s priorities. Does it override them or can the commission simply ignore the statement? Neither is the case. As my noble friend Lady Noakes set out clearly and eloquently, the duty to have regard to a statement of government policy in this area is not unusual and does not conflict with the operational independence of the commission. The duty to have regard simply means that, when carrying out its functions, the commission will be required to consider the statement and weigh it up against other relevant considerations. It is for the commission to independently decide how best to factor the statement into its decision-making processes and corporate documents.

My noble friend was right that the concern about the word “should” in the statement is misguided. In legislation, the relevant point is that the commission has the duty to have regard to the statement. That is a well-established legal principle. Therefore the use of the word “should”, or any alternative phrase in the statement, does not change anything relating to what the commission must do in order to fulfil its legal duties. The duty to have regard simply means that it needs to consider it and weigh it up carefully.

On the question of who scrutinises or enforces whether the commission has had regard to the statement, that is for the Speaker’s Committee. The Elections Act gave the committee the power to scrutinise the commission’s duty to have regard to the statement.

The noble Lord, Lord Khan, also asked about enforcement and the ability of the statement to influence the Electoral Commission’s enforcement work. The Government wholeheartedly agree that the commission’s enforcement work should be left to the commission. That is why the legislation underpinning the statement explicitly states that the Secretary of State must have regard to the statutory duties of the commission to monitor and secure compliance with electoral law, and the statement must not contain provision relating to any specific enforcement or investigatory activity. Again, I emphasise that the statement does not provide operational instructions to the commission.

The noble Lord, Lord Rennard, said the Government’s assertion that substantive changes had been made to the draft statement in response to the statutory consultation was subjective. It may be, but it was acknowledged by the Speaker’s Committee in its response to the Government that some of the changes have clarified the wording of the initial draft statement and constitute substantive improvement. At least in that regard, there is some agreement between the Government and the Speaker’s Committee, although I recognise that there is wider disagreement, which was drawn to the House’s attention by the Secondary Legislation Scrutiny Committee.

I will not dwell on some of the wider issues. Suffice to say that the statement sets out the Government’s priorities in areas that touch on matters such as voter ID, where the Government continue to be of the view that it is essential that we stamp out the potential for voter fraud. We have looked carefully at the implementation of this policy. We found that, in the recent elections, 99.75% of voters were able to cast their vote successfully and adapted well to the rollout of voter ID in Great Britain. Obviously, that is something that we will continue to monitor closely, but the signs are good.

Broader points were raised about people’s confidence in the system. My understanding is that the Electoral Commission has done some of its own research in this area. It found that 90% of voters were satisfied with the process of voting in the 2023 elections. That is in line with the most recent comparable elections in 2019, where 91% of voters were satisfied. Our own work has found that voter satisfaction with the voting process is positive, and we continue to work to ensure that that continues to be the case.

The noble Lord, Lord Rennard, raised the question of spending limits. I simply say to him that the provision for uprating those spending limits was set out and anticipated by Parliament in the original legislation. That is the mechanism by which we have uprated those limits to take inflation into account, which is not an unusual process across the business of government.

I emphasise to noble Lords that the Government absolutely agree about the importance of the independence of the Electoral Commission, but we also think it important for all bodies to be accountable. The measures in the statement are a way for the Electoral Commission to be held to account by Parliament, and we think that is a reasonable measure to take. I therefore hope the noble Lord, Lord Khan, is able to withdraw his amendment to the Motion.

[Lord Khan of Burnley (Lab)]

I thank the Minister for her response and her attempt to address the issue. I also thank noble Lords across the House for their thoughtful contributions. A number of them raised concerns about the policy statement and others about wider electoral law.

The function of the Electoral Commission is

“to ensure a level playing field between political parties”.

One team should not get to tell the umpire how to enforce the rules of the game. That is what this statement is doing and is clearly perceived to be doing, which ultimately is undermining trust in our politics.

There are issues that need tackling. There are rising considerations, such as the threat of generative artificial intelligence, the use of deepfakes, the spread of disinformation, overseas involvement, and the scraping of people’s data. None of that has been tackled today, but instead the Government are paying attention to a problem that just does not exist. Both the levelling-up committee and the Speaker’s Committee on the Electoral Commission, as statutory consultees, concluded that no statement was necessary. The levelling-up committee said that

“no evidence has been provided justifying it”.

The guidance in the Statement presented before us today would add complexity, confusion, and extra legal risk.

Nothing is wrong with the current system, in which the electoral system reports to the elected House and not to the Government. If something is not broken, why fix it? The Minister did not give us one example of something that the commission is not doing right at present which it will be made to do right and better by means of this statement. What are the problems that need addressing, and what will be different tomorrow from today? She did not give one example of that.

In view of the huge importance of this issue, I would like to test the opinion of the House and put my amendment to a vote.

Levelling Up: North-east England

Debate between Lord Khan of Burnley and Baroness Penn

Thursday 14th December 2023 Lords Chamber

[Baroness Penn (Con)]

The noble Lord is absolutely right that the decision not to press ahead with the final leg of HS2 has released a huge amount of money for people’s priorities across the north of England when it comes to investing in transport. Where that investment will be made will be influenced and led by local leaders and their priorities, working closely with government. It is in their hands as to where we should best allocate this funding.

[Lord Khan of Burnley (Lab)]

My Lords, a recent report by the Centre for Ageing Better said that the north-east has the largest proportion of older people in poor health, with three in 10 people aged 50 to 64 in poor health, compared with one in five in the south-east. Since 2010 the Government have cut £15 billion from local authority budgets. What is the progress in levelling up regional equalities to ensure that the quality of someone’s later life will not remain a postcode lottery? Is it not the case that the Government embarked on creating a northern powerhouse but instead have delivered a northern poorhouse?

[Baroness Penn (Con)]

My Lords, the levelling-up missions encompass a wide range of outcomes that we are seeking to address, including reducing health inequalities. That is why we are investing further money both in our health service and in social care, including additional grant money made available to local councils this year and next. It is a long-term transformation fund but we will be held accountable, reporting against those missions annually until 2030.