Local Enterprise Partnerships: Funding

Lord Kirkhope of Harrogate Excerpts

Monday 11th December 2023 Lords Chamber

[Baroness Penn (Con)]

That is exactly what the Government are doing; they are seeking to combine the devolution of greater power with greater funding and greater responsibility for the funding. There are the trailblazer deals that look to integrate the different streams of funding for local areas into something much closer to a single settlement. That will allow those areas to make decisions at a local level about what should happen in their area.

[Lord Kirkhope of Harrogate (Con)]

My Lords, surely all this bureaucracy and red tape is not the answer for some parts of our country that are in need of development. As one of those involved in the establishment of development corporations in the late 1980s, I think we should be proud of such a model. Frankly, is it not about time we allowed local businesses and local people to have a stronger say in what they want to renovate and rejuvenate zones of that kind?

[Baroness Penn (Con)]

My Lords, by integrating LEPs into local authorities and mayoral combined authorities, we are looking to streamline the processes by which business can engage in their local areas. As a part of our devolution deals, we are also giving combined authorities the power to set up development corporations so they can use the voice of business to drive development and economic progress in their local areas.

Leasehold Properties: Managing Agents

Lord Kirkhope of Harrogate Excerpts

Monday 17th July 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

The noble Baroness is right. That is exactly why we are looking at a code of conduct, which will have teeth, and the role more widely of leaseholders when we look to the leasehold Bill that will come through.

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend refers to leasehold, but is it not correct that all the other professionals involved in residential property transactions—I declare an interest as a solicitor—are very tightly controlled indeed in respect of fees and their conduct, bearing in mind the extra responsibilities, such as sales and purchases, now placed on professionals? Why are we not more determined to ensure that estate agents are equally controlled?

[Baroness Scott of Bybrook (Con)]

My Lords, estate agents are regulated through the Estate Agents Act 1979. As I said, that is currently enforced through the National Trading Standards estate and letting agency team, which makes it very clear that estate agents are expected to exercise due diligence and check whether the information on anything they are selling is correct. The Government expect all property agents to ensure that customers are aware of anything to do with the property that they are negotiating on and to work within those trading standards rules and regulations.

Flood Plains: Housing Development

Lord Kirkhope of Harrogate Excerpts

Thursday 24th June 2021 Grand Committee

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I am pleased to take part in this debate instigated by my noble friend Lady McIntosh. In case my noble friend the Minister thinks this is a Yorkshire issue, I underline again that while my experience is also Yorkshire-based, the problems of flooding affect, have affected and will affect in future upwards of 5 million properties, homes and livelihoods. The effect both economically and traumatically on individuals, families and businesses is both terrible and long-lasting.

Climate change presents great challenges, and all the preparations and changes to planning laws that we might be contemplating now have to reflect a worst-case scenario over the next 50 to 100 years. Too often we legislate for the short term without fully appreciating the likely extent of the problems that we face in the medium or long term.

Flooding has of course been with us in the past. I remember the floods that affected Ripon and other parts of Yorkshire in 2007, as my noble friend said, when the Skell, Ure and Laver rivers, which all meet there, overflowed and a large number of properties were flooded. More recently, there has been a propensity of flooding in York and parts of Leeds. In the case of Ripon, the 2007 events led to a £14 million scheme that gave some protection to properties. In reaction to those events, there was also determination to make changes to architecture, providing improvements to vulnerable buildings so that they could meet any future threats.

It is on resilience to flooding that I wish to concentrate my remarks. The excellent report from the House of Commons Environment, Food and Rural Affairs Select Committee, under the chairmanship of my good friend Neil Parish, called inter alia for a more clearly defined flood resilience objective, or PFR. This includes the construction of flood defences but also deals with the pressing issue of the nature of the construction of properties that have received planning permission on flood plains, where the risk of flooding is small but possible in the lifetime of the buildings.

In other parts of the world where flooding is a threat, there are clear requirements that any construction must be undertaken in a way that minimises the effects of flood-water. We need the same approach here. Flood doors, airbrick covers and non-return valves should be part of regulations; underground tanks for excess water or houses on stilts should be part of the architects’ thinking; and sharing knowledge and experience should be more encouraged.

The Select Committee report underlines that few PFR measures have been introduced. The Environment Agency suggested in 2019 that over 200,000 residential properties should have resilience measures added, but currently only 500 properties a year are being enhanced. The insurance companies are keen to see this as well, and in some cases where flooding has occurred are offering sums to ensure that PFR is applied to properties on top of flood-related losses.

What about the future? Local planning authorities are caught between a rock and a hard place—or a potentially flooded place. They are being pressed to approve more and more applications for development, including on functional flood plains, and they feel the pressure all the time. This means that Environment Agency advice on flood mitigation can be overridden by planning authorities. That must be reversed. The agency should be able to veto developments unless they have proper flood mitigation in place. Although the current building regulations have been brought up to date to ensure certain standards of insulation, safety and convenience, they must be amended to include flood protection measures for new properties. I can sense no resistance to such changes from anyone.

We must try to ensure that, where the risks of flooding are new and presenting themselves for the first time, the insurance industry responds positively to small and medium-sized enterprises that might not be able to mitigate their losses or be eligible for government assistance. The Flood Re scheme to smooth residential property insurance cover is of help, but we all know of the distress caused by flooding and its long-term effects, which can never be fully compensated.

I conclude my remarks by again paying tribute to my noble friend Lady McIntosh of Pickering. The flood defence scheme to which she referred in Pickering itself was cleverly designed to slow the flow of flood-water through the headwaters on Pickering Beck. It was promoted and supported by my noble friend with great enthusiasm and energy. An equal display of enthusiasm and energy by the Government in their flooding and planning policies would be most welcome to us all. Naturally, we expect nothing less of our noble friend the Minister.

Queen’s Speech

Lord Kirkhope of Harrogate Excerpts

Monday 17th May 2021 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I first congratulate the noble Lords, Lord Coaker and Lord Morse, on their excellent maiden speeches.

We should never have too many expectations of a Queen’s Speech, as the reference to “other measures” is often the precursor of most of the legislation that we actually consider and pass. This year, the Speech was certainly quite limited in its extent, so trying to find proposals with a specific aim was difficult—especially in the field of transport, the subject I wish to talk about.

The record of promises in this area is not a happy one. Looking at the previous Speech at the beginning of the 2019 Session, we were told of specific government intentions to provide minimum levels of service on railways during strikes. A Bill was promised but did not appear. Legislation to cover airline insolvency and the repatriation of passengers in such circumstances was to follow after a review. The review reported, and we await something further to occur. Bus services were to be improved as part of the Government levelling up transport connections throughout the country. The Bus Services Act 2017 was to be updated to meet this new initiative to improve future provision, especially in the north and the Midlands. In April this year we were still awaiting legislation which the Government Minister Rachel Maclean then indicated might be brought forward “in due course”.

Of course, the references to transport in this Queen’s Speech included a further reference to levelling up and the need to transform connectivity by rail and bus. This should be welcomed, and organisations such as Transport for the North and Transport Network have done so. But, quite rightly, they have asked to see more action than mere words. Rural areas in particular need assurances that future needs will be better served, especially as we try to meet environmental challenges by discouraging the overuse of polluting vehicles. With our record of implementing measures announced at the beginning of a Session, I hope that we will actually see some early results this time.

I do not want to criticise too much; I know how difficult it is to move on in this sphere of activity. The way in which our land transport is controlled and financed is very complicated. Attempts to reduce bureaucracy and encourage investment have not always been straightforward. I hope my noble friend will use the opportunity of his wind-up speech to flesh out a bit more exactly how the levelling-up process for infrastructure will be taken forward. Will we get a firm commitment to an integrated rail plan which gives strong backing to the full HS2, including the vital eastern spur connecting Leeds, and development of the northern powerhouse rail networks? What might be contained in the much-heralded Statement that we are to hear on Thursday?

The development of a successful public transport system is a critical element in satisfying the Prime Minister’s ambitions to level up. I am confident that we will see some clear assurances and action, and I am sure my noble friend will indeed offer these. But apart from the rather general contents of the gracious Speech, I am also pleased that there is evidence of progress in other areas of the Department for Transport’s responsibilities. Following the work of an inquiry into UK lower airspace—which I had the privilege of chairing—I was delighted when speedy legislation followed to reorganise this and bring the United Kingdom’s control of its air corridors and facilities and the work of the CAA post Brexit up to date. I also commend the enthusiasm of my noble friend and his ministerial colleagues, especially the noble Baroness, Lady Vere, who have done so much in relation to environmental improvements in the transport industry and vehicles. This country is building a deserved reputation for leadership in the construction and distribution of green vehicles and in meeting future needs through electric battery manufacture and innovation, including taking forward hydrogen as a new power source. Sales of electric and hybrid vehicles have taken off in the UK in an exciting way.

Cleaning up transport—whether it is cars, lorries, trains, ships or planes—is a worthy and urgent aim that we simply cannot delay. Covid-19 has changed much of our use of and attitude to transport. I hope that things will reverse so that expectations can be met as before, but we must be prepared to re-examine all areas of transport to both meet future needs and benefit from new ideas and new ways to provide our services.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

The noble Lord, Lord Pendry, has withdrawn from the debate, so I call the noble Baroness, Lady Boycott.

Non-Domestic Rating (Designated Area) Regulations 2021

Lord Kirkhope of Harrogate Excerpts

Wednesday 24th February 2021 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, in most areas of government, when the political decisions for actions to be taken are made, the process boils down to one of money coming in and then that money being committed or spent centrally or locally. In some areas, the process becomes very complicated and can lead to high levels of dissatisfaction and disagreement. These regulations, which appear in principle—as my noble friend the Minister has said—to be very simple, in fact form part of the whole debate on the financing of local government, the very relationship between central and local government, and the way in which businesses large and small contribute to the cost of local and national services.

Business rates are controversial, and substantial reform is overdue. In the meantime, as a result of the current Covid crisis and the inability of many businesses to trade profitably if they can even continue at all, the extra burden of non-domestic rates has rightly been recognised in short-term relief for businesses in the hospitality, leisure and retail sectors with rateable values of less than £51,000. I hope that the Chancellor will have more to say and to offer on this subject in his Budget Statement.

We saw a number of changes in the way business rates were levied and spent in the Local Government Finance Act 2012, when normally 50% of monies could be retained by the local authority as opposed to being remitted to the Treasury. However, the Government are committed to a much wider reform of business rates. In its 2019 election manifesto, the Conservative Party promised to reduce business rates and to fundamentally review the whole basis of these charges. Since then, the Covid crisis has hit business hard, so a change in the basis of charging rates is urgently required. We have been promised a revaluation of rates from 2023, which luckily will be based on property values of April 2021, so it will reflect the impact of the present crisis. This is welcome, but in the meantime we are now extending a localisation of control of the rate income by this measure before us today.

This benefits Tees Valley Combined Authority and Redcar and Cleveland Borough Council. As my noble friend the Minister has indicated, it allows the retained monies to be used in the designated area where the need is greatest and where local economic growth is most required. That is a good thing. The establishment in certain parts of the country of mayoral combined authorities with specific spending powers and, in particular, the emphasis on local economic growth has clearly required new funding arrangements. Although these regulations are dealing only with any income arising from the growth of rate returns, in this one designated area, those sums will be totally at the disposal of local government. As this money will be shared 50/50 between the local authority and the mayoral combined authority in the area, I hope that the required memorandum of understanding between the two, which has been referred to, will be a really co-operative and positive statement and an encouragement for greater economic activity, and will allow the designated area to be confirmed in April, as suggested.

Memoranda of understanding are being ever more utilised as precursors for more solid agreements, as has been demonstrated in our recent UK trade initiatives. While always well intentioned, they do not always result in long-term satisfaction. Moving more of the monies received into the hands of local democracy is very important and it is, of course, not a substitute for thorough reform. We await that reform with great interest.

I am assuming that regulations similar to these will be put before us for other areas where a mayoral combined authority and local authorities are working together, and that this will include West Yorkshire, which moves to a new status soon. Can my noble friend the Minister confirm that this will indeed be the formula for all such combinations in the future as devolution proceeds? When the proposed revaluation is completed, will further changes be made to support business even more with the hope of economic enhancement, job creation and a lessening of the burdens on business as we emerge from the present crisis?

Fire Safety Bill

Lord Kirkhope of Harrogate Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 1st October 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

May I first join with others in congratulating my noble friend Lord Herbert of South Downs? He is someone I did not have the pleasure of being contemporaneous with in the other place, but who I did have many connections with when he was operating as the public affairs officer for the British Field Sports Society and when he was setting up Countryside Alliance. I am sure that background will be useful in the work he will be doing in our House. His speech was excellent, and I congratulate and welcome him.

I am sure this Bill—though short—is necessary. It follows the terrible events of Grenfell Tower, which other Members have spoken about. It is also a response to the still unacceptable number of fires that occur disproportionately in buildings of over two floors in height—about twice as many as in ordinary homes. Interestingly, where there is the permanent presence of a caretaker or the installation of fire prevention equipment such as sprinklers, as is the case in sheltered housing, the incidence is fortunately much less. This is particularly significant because of the preponderance of more vulnerable and accident-prone residents in such accommodation. I am therefore pleased the Bill places an emphasis not only on the structure and fire resistance of buildings but on the responsibility of individuals.

Whatever such responsibilities are placed on individuals, it becomes necessary for them to be as focused and precise as possible. For instance, identifying and recording accurately and continually who is a building owner or manager is something which will prove a test. How will this be achieved and established, and by whom? This legal liability emanates from the Building (Amendment) Regulations 2018. However, I am not sure it has been shown to be sufficiently robust and reliable. Local fire and rescue services are under pressure at the best of times, especially with the levels of paperwork and administration now required, so the obligation to share information about the design of external premises— walls, for instance—is open to misunderstanding and misapplication if the resources are inadequate.

The responsibility of building owners or managers to undertake regular inspections of flat entrance doors must be rigorously followed up to be of real effect. Deciding who exactly is responsible is critical at all times. I appreciate that leaseholders are excluded from liability, but that simply places a greater priority on being certain of the identity at all times of those who are liable. Again, we come back to proper, easily accessible records being available so that, if it is necessary to pursue matters, this can be done quickly and effectively to ensure something is done to put things right.

I know of the concerns that have already been touched on, from the Fire Brigades Union among others, about the enforceability of these new provisions and how we obtain accurate knowledge of the number and location of premises affected. Sometimes establishing responsibility is tricky, because records are not always clear as to how many landlords there are who should be accountable. Even with the new powers, we will need to train and retain sufficient fire safety officers to carry out the important inspections that are necessary.

In 2018, combustible materials were banned from the construction of high-rise homes. However, as we know, there are many buildings constructed before then where tenants are presently very concerned about when the necessary safety work to restore them will take place. In the meantime, some problems have been identified in refinancing or marketing those properties. I hope that those concerns can be alleviated before too long. While we are discussing the building safety Bill today, it is worth saying that, once that is law, we will have a more substantial and joined-up approach to safety in high-rise residential buildings.

I also appreciate that, as the recommendations of the Grenfell Tower inquiry are pursued, we will need a number of pieces of secondary legislation in place. The Minister has already indicated that. I hope that they will deal in particular with matters that have come from the first part of the inquiry. These include: more regular inspections of lifts and lift mechanisms; regular reviews of evacuation plans for buildings and policies in place; educating and informing residents in a clear and understandable fashion, because misunderstandings for residents have led to them being put in extra danger; and of course enforcement of standards of internal flat entrance doors.

At the start of the Second World War, my late father was, for a while, a proud member of the National Fire Service. I have always admired firemen and firewomen and I am still very proud of them in the duties they pursue, which are so much more complicated today. They save lives, sometimes placing themselves in great danger. I know the Minister shares my view and his opening remarks demonstrated his admiration for the fire services. We must in this Bill, and in other attached legislation, do our very best to give those people the appreciation and support that they truly deserve.

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

Lord Kirkhope of Harrogate Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I am pleased to support these regulations and I particularly congratulate the Government and the noble Lord, Lord Best, on pursuing them so strongly. All of us who have ever been elected representatives know that the issue of mobile homes has been a regular part of our post box, especially in regard to the treatment of those who choose this way of life by those who control sites.

Many people for various reasons want the option of acquiring a fixed or static home on the numerous and ever-growing number of sites around the country. Some are mobile homes that can be moved easily and are on sites where permanent residence is not permitted, but others are park homes where the licence permits permanent residence. It is the latter where the new protections afforded by this measure are most needed.

My noble friend knows that, unlike a normal house, such a home on a site does not have the same advantages. For instance, mortgages are not normally possible. Unlike other property, there can be no expectation of increased values. There are uncertain and sometimes excessive maintenance costs. Often a commission is charged by a site owner on sales. Energy bills are often under the sole control of the site owner. The site normally remains in the possession of the site owner, whose title may be tenuous. The rent or occupation agreement may be short and renewal is not always guaranteed. The occupancy itself may be subject to onerous site rules. Of course, there are inheritance issues on the death of an occupant. I have heard of many cases of dispute where the behaviour of site owners or their corporate representatives has been either threatening or discriminatory or where rules have been used as a way of spoiling the peaceful enjoyment and tenure of the site for individuals.

These regulations are a positive step, but can I press my noble friend on the following quick points? How will the definition of fit and proper person be made and how will it be regularised? Will the date for stage 1— July 2021—be rigidly adhered to by local authorities in their preparations? How will local authorities appoint a fit and proper person to control a site if the owners cannot themselves provide one? Under the regulations, the register of fit and proper persons will stand for up to five years. Will monitoring take place on a regular basis to maintain standards and will complaints about conduct be promptly investigated and registration removed in appropriate cases without undue bureaucracy and pressure on residents? Finally, in the case of companies or corporate management, how will the fit and proper designation be assessed? I am sure these regulations, although overdue, will be widely welcomed and the protection afforded should give some comfort at least to all those who choose a park home life.

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

Lord Kirkhope of Harrogate Excerpts

Friday 24th July 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I am very pleased to join this debate, resulting in, I hope, the confirmation of the new devolution arrangements for South Yorkshire. I declare a particular interest as co-chair of the One Yorkshire campaign, which has been working for recognition of the Yorkshire brand in the way we are governed for the past five years, and as a former MEP for Yorkshire and the Humber and MP for Leeds North East.

Today we are recognising one element of the recognition of one Yorkshire, but it is by no means the end of the process of moving power back to the people of our great region. This order looks like being the first of several sub-region deals which we are anticipating, with deals for West Yorkshire, North Yorkshire, and York and Hull and east Yorkshire to follow. Currently the latter are being negotiated, but inevitably those arrangements are not without controversy, with the Government requiring the abolition of many fine district councils as the price of progress. I have serious reservations about that and I know that I am not alone.

However, my concept, and that of so many other Yorkshire people, which is still ultimately to end up with one entity, has been helped by the creation in the interim of a Yorkshire-wide council leaders board, supported by government and with financial resources and the encouragement of other region-wide entities in the fields of infrastructure, tourism and economic development. That is sensible. Of course, the northern powerhouse continues with its wider role.

Devolution is a complex process in which many long-established and historic positions and relationships are under pressure. It is not all easy going and straightforward. Nothing is, of course. Like all major constitutional processes, there will be losers as well as gainers. We must be sure not to diminish democracy and the benefits of bringing power closer to the people in one part of the region in the process of the overall pursuit of the deployment of powers away from Whitehall and Westminster to the wider body of interests.

The Government and my honourable friend the Minister Simon Clarke defined one purpose for devolution as

“to level up our country and transform the growth prospects of communities and the life chances of their residents.”—[Official Report, Commons, 13/7/20; col. 3.]

The 2009 Act set statutory requirements for changes to reflect the identities and interests of local communities. While I welcome this order as being at least partially compliant with those ambitions, it must be regarded as just the start of a much wider exercise, leading ultimately to the real prize: a united, one Yorkshire entity truly in line with the aspirations and ambitions of the people here in God’s own country.

Churches: Reopening of Buildings

Lord Kirkhope of Harrogate Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord Greenhalgh]

My Lords, I will have to write on the policy regarding face masks in places of worship. We have announced that indoor musical performances to a live audience are expected to resume after 1 August, subject to a successful completion of pilots and provided that prevalence remains at around or below current levels.

[Lord Kirkhope of Harrogate (Con) [V]]

Will my noble friend join me in congratulating the leaders of our religious faith communities on the way they have, despite restrictions, through innovation and enterprise, managed to find ways to allow worship to continue through the Covid crisis, especially by employing virtual networks and indeed by co-operating to maintain the spiritual health of the nation?

[Lord Greenhalgh]

I certainly will. The move by all faith communities towards online worship has been simply incredible. In fact, it has enabled them to reach further into communities and it is to be commended.

Yorkshire: Devolution

Lord Kirkhope of Harrogate Excerpts

Monday 10th February 2020 Lords Chamber

Asked by

[Lord Kirkhope of Harrogate]

To ask Her Majesty’s Government what further steps are to be taken in 2020 to devolve powers to Yorkshire.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Viscount Younger of Leckie) (Con)]

My Lords, handing back power to people and places across the whole of England, particularly in the north, is an absolute priority for this Government as we work to level up prosperity and opportunity everywhere. The Sheffield City Region consultation launched on 3 February is required to open the way to its devolution deal being implemented in 2020. We continue to discuss the prospect of a devolution deal with Leeds, West Yorkshire and other parts of Yorkshire.

--- Later in debate ---

[Lord Kirkhope of Harrogate (Con)]

While we should be concerned today about the people of Yorkshire and the flooding that has taken place there—we extend our sympathy and interest to them—nevertheless, it is now several years since the Government embarked on a devolution process, encouraging the people of Yorkshire to take part in it and to obtain devolution. Why, therefore, are the Government pursuing only one formula rather than the formula the people of Yorkshire as a whole want to see, which is to bring the brand together and have the strength that that would give us, rather than the balkanisation of pieces of Yorkshire that is now taking place? I am sure that, rather than moving this House to York, the people of Yorkshire would prefer to see a “One Yorkshire” solution to devolution as soon as possible.

[Viscount Younger of Leckie]

I extend my sympathies to those caught up in the floods. I know from my meeting this morning that my department is working very hard to help those communities.

I take my noble friend’s point, but the argument as to whether there should be a “One Yorkshire” is now becoming a bit old. From reaching out to Yorkshire and talking to the people there, it is clear that, with a population of 5.5 million, it is sensible—and driven by those in Yorkshire—to move towards devolved councils: four, hopefully. It is good news that South Yorkshire is up and running; we await the end of the consultation. Talks are going well in some of the other areas, including West Yorkshire.