Non-Domestic Rating (Multipliers and Private Schools) Bill

Lord Lexden Excerpts

Committee stage
Thursday 27th February 2025 Grand Committee

Moved by

[Lord Lexden]

54A: Clause 5, page 5, line 16, leave out “private” and insert “independent”
Member’s explanatory statement
This amendment, in conjunction with other amendments in Lord Lexden’s name, seeks to replace “private school” with “independent school” throughout the Bill.

[Lord Lexden (Con)]

My Lords, in moving Amendment 54A, I will offer explanatory comments that also apply to Amendments 55A, 59A, 69C, 69D, 77 and 78. All are cast in the same form and have the same purpose: to make this a Bill that, in its Title and throughout Clause 5, refers to “independent” rather than, as at present, “private” schools. The issue is clear and straightforward, and I shall be brief, having touched on the general issue on Second Reading.

I want to probe the Government’s reasons for not conforming to established practice and usage, which have hitherto ensured that independent schools are called by their correct, formal name in legislation. There may perhaps in recent years have been stray references to “private schools” in legislation—my noble friend Lady Barran, so recently a Minister at the Department for Education, may be able to comment on that point—but never before, I think, has a Bill been brought forward that has abandoned standard practice in favour of another formulation, namely “private schools”.

Does this matter? Both formulations are in general, widespread, everyday use. The words “independent” and “private” are used interchangeably in relation to schools outside the state sector of education, a sector that of course includes academies, which have a measure of independence but are not independent schools. The question is whether the comparatively new way of referring to schools outside the state sector—no one, I think, referred to “private schools” until about 30 years ago—should supersede the term long established in law and employed universally, I think, by official bodies, most notably the Charity Commission and the Department for Education.

Schools that are charities are registered by the commission as independent schools. The Department for Education keeps a register of schools outside the state sector, which for many years was overseen by a distinguished senior civil servant rejoicing in the title of registrar of independent schools. These days, the department has an independent schools division.

No plans, I think, have been announced to sweep away the terminology that has been for so long in official use and replace it with another one featuring the term “private school”, giving what is now a purely informal practice firm official status. Surely, legislation should reflect standard current formal practice and not create confusion by resorting to a term hitherto unknown in law.

There is one further consideration. The term “private school” is not universally accepted as politically neutral. It can be regarded as implying criticism of schools outside the state sector—private in the sense of separate, exclusive, cut off from the rest of the world. That is the way in which some on the left in British politics love to portray our country’s independent schools. Their falsehoods are assisted by the term “private school”. I suggest that the term has therefore to be treated with care.

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[Lord Khan of Burnley (Lab)]

I am happy to write to the noble Baroness on those two points; I will also pick them up when we next meet.

[Lord Lexden (Con)]

My Lords, please forgive me: I forgot to make a declaration of interest at the outset. I am a former general secretary of the Independent Schools Council and the current president of the Independent Schools Association, which consists of 700 schools—mainly smaller ones—that will be badly affected by this legislation and other actions of the Government in the realm of taxation.

The Committee will have listened carefully to what the Minister said in response to noble Lords. It is unlikely that the Minister’s reply will have given complete and utter satisfaction in every respect. We will return to these matters on Report. As far as my amendments are concerned, I am sorry that the Minister does not understand the reasons why the word “private” is very difficult because of its connotations. The problem with using it in legislation is considerable.

The Minister referred to the position of academies. Another way could have been found of dealing with VAT without introducing independent schools in the way that this has been done in legislation. There are many serious matters that naturally require further consideration and debate. That is why Report will be so important. I beg leave to withdraw my amendment.

Amendment 54A withdrawn.

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[Lord Black of Brentwood (Con)]

My Lords, I will speak to Amendments 69A and 69B in my name and that of my noble friend Lord Lexden as well as to Amendment 64 in the name of my noble friend Lady Barran, to which I have added my name. I refer to my earlier declaration of interests and, for this group, I add that I am the chairman of the Royal College of Music.

On music, let me start with Amendment 64, which is an extremely important amendment. It would have long-term ramifications well beyond the terms of this Bill because specialist music education for gifted students is central to the future of our creative economy, and it therefore needs to be seen in a wider context. As noble Lords will be aware, the UK’s creative industries are vital to our future. With the economy stalling, this is one sector which, for the time being, continues to grow. It employs hundreds of thousands of people, earns huge amounts in exports and provides an essential component of the UK’s soft power, something that is more important now than ever. Right at the centre of the creative economy is music, which powers the rest of the industry.

In turn, the future of music depends absolutely on first-class, specialist music education in schools, conservatoires and universities to provide a pipeline of talent into the sector. Without that education, music dies. However, music education, including that provided by specialist schools in the independent sector, is in trouble and has been for a long time. Music has been squeezed out of the curriculum. The number of pupils taking music at GCSE and A-level has plummeted. Many schools no longer have dedicated music professionals teaching the subject. Indeed, if pupils have access to a dedicated music professional today, it is likely to be because of a partnership with an independent school. From primary schools right the way through to the end of full-time education, music is under threat as never before.

We see the results of that every day, most recently with the appalling decision of Cardiff University to close its school of music, the largest in Wales, something that the world-renowned composer Sir Karl Jenkins has put down to the decline of specialist music education in schools. The closure of the school follows hard on the heels of the closure of the junior department of the Royal Welsh conservatoire, which has enormous repercussions for music in Wales and beyond. At such a time of crisis for music education, which I have to say has not improved in any way since the general election, despite so many promises before it, the last thing we need is for independent specialist music schools, those providing education for gifted students under the music and dance scheme, as well as the leading choir schools to be threatened. It is crucial that they continue to provide music, dance and drama teaching to the most gifted students if we are to protect the pipeline of talent into the music industry.

The future of these schools and their continuing ability to provide world-class teaching will be much more secure if they are protected from full business rates. This is not a niche subject or special interest pleading; it is fundamental to the artistic future of our country and the success of the creative economy. Does the Minister acknowledge the vital importance of the pipeline of musical and dramatic talent into our creative industries? If he does, will he explain why the Government are putting it in jeopardy in this way?

Amendments 69A and 69B deal with boarding schools. Boarding schools play a vital role in our education system, with around 65,000 boarding pupils educated in the independent sector. They contribute just over £3 billion each year to our economy, generating £900 million in revenue for the Exchequer and supporting more than 64,000 jobs. Like the rest of the sector, they are a vital instrument of soft power and one of our strongest exports. Like the rest of the independent sector, they are already under significant strain as a result of not just VAT but the damaging increase in employers’ national insurance contributions. For many, especially the smaller schools, the end of business rates relief will be a huge added burden. Already the signs of the impact are clear: the Government’s figures show that visa applications to study at UK independent schools fell by 23% in the first two quarters of 2024 compared to the same period in 2023. That is a significant straw in the wind.

Recently, one agent told the Boarding Schools Association:

“This tax penalty is making our clients think twice and wonder if the UK is still the holy grail of academia”.


Another commented:

“The reputation of British boarding is already damaged and while it was the destination 10 years ago, it is now one of many”.


With international numbers down and likely to fall further, now is not the time to be adding to the increasingly intolerable burden on so many boarding schools with the withdrawal of business rates relief.

Boarding schools play a crucial role in a number of areas, including the provision of places for military personnel serving our country at home and abroad, as my noble friend said, and for vulnerable pupils with special educational needs and disabilities. My two amendments seek to recognise their importance and, in certain circumstances, exempt them from the withdrawal of relief.

Amendment 69A would discount boarding facilities from a school’s business rates bill if 10% of boarders are on a government continuity of education allowance, or CEA. This reflects the importance of boarding provision for the children of those who serve our country and often risk their lives for it. In the last academic year, 4,000 pupils were supported by CEA for 2,666 service personnel and their families. By easing the commercial pressures on them, this exemption would give a measure of continued support and protection to schools providing places for CEA pupils and reflect the inherent public benefit in ensuring that service families have confidence that they can provide a stable school life for their children.

In the same vein, Amendment 69B would discount boarding facilities from a school’s business rates bill if that school is supporting looked-after pupils supported either directly by local authorities or by charities. It recognises the hugely important role of boarding schools in educating some of the most vulnerable children and the significant pastoral support that they provide. One of the best known charities supporting this work is the Royal National Children’s SpringBoard Foundation. The RNCSF widens access to the opportunities available for young people facing the greatest barriers to their development. Along with local authority and community organisation partners, it works with boarding and independent schools to help them target their fully funded school places on the young people who need them most and help them access them effectively. To date, it has supported more than 1,000 pupils, 98% of whom get two or more A-levels, compared to 16% of disadvantaged children.

Brentwood is one school the RNCSF works with, taking students into boarding places, hosting regional interview days and supporting its excellent campaign to help children in care who are applying to university with their UCAS applications. This is clear public benefit work, supporting not only society’s priorities for vulnerable children but assisting our stretched local authorities support children in their care to achieve their full potential. This is, rightly, an intensive and involved process for any school to engage in to ensure that pupils have the right level of support and guidance around them at school. If anything properly fits the definition of a charitable activity clearly in the public interest, it is this. My question to the Minister is: why on earth do the Government judge that the facilities that care for and support these young people are unworthy of charitable relief?

These are all focused amendments which do not in any way challenge the central tenets of the legislation but recognise the special importance and public policy significance of crucial aspects of independent education. They seek to protect those schools educating gifted students whose careers will power the creative economy, children of military families who serve our country and those who are vulnerable because of special needs. I hope the Minister will accept them. Not to do so would, frankly, be callous and short sighted.

[Lord Lexden (Con)]

My Lords, I will add briefly to the powerful comments that my noble friend Lord Black just made on Amendments 69A and 69B, to which I have added my name, in order to pay tribute to the achievements of our country’s excellent boarding schools, which have been transformed so greatly for the better during my lifetime, and to support the measures proposed in these two amendments, which would exempt them from business rates on aspects of their work that are of great public benefit.

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[Lord Khan of Burnley (Lab)]

My Lords, Amendments 70, 71, 72 and 72A, tabled by the noble Lord, Lord Storey, the noble Baronesses, Lady Barran and Lady Scott of Bybrook, and the noble Lords, Lord Black of Brentwood and Lord Lexden, are focused on the impact on state schools as a result of the Bill measure. They seek to require the Government to undertake a variety of assessments of the impact of Clause 5, covering between them: pupil movement; the impact on the state sector; partnerships between private and state schools; changes in staffing; and the availability of faith education to families which desire it. Furthermore, Amendment 72A from the noble Lord, Lord Black of Brentwood, seeks to ensure that any assessment is conducted in the context of broader tax changes affecting private schools since 1 January 2025, effectively seeking to create an all-encompassing review of the Budget tax changes and their effect on private schools.

The Government carefully considered their approach in designing the policy to remove charitable rate relief from private schools. On 29 July, the Government published a technical note on removing the VAT and business rates charitable relief tax breaks for private schools. The Government received and carefully considered over 17,000 responses to this note from a range of tax specialists, private schools, bodies that represent private schools and others. A detailed government response to this was published at the Autumn Budget. During development of these policies, the Government also met numerous key stakeholders representing schools, local authorities and, in the context of the VAT change, the devolved Governments. Furthermore, at the introduction of this Bill, the Government published a note setting out analysis of the impact of the business rates measure. This is available on the Bill’s page.

Two common themes in the amendments proposed are the impact on the state sector in pupil movements and partnership activity with private schools. As I have said previously, the Government estimate that in the long-run steady state, there will be 3,100 fewer pupils in the private sector as a result of the business rates measure. Of these 3,100 pupils, the Government estimate an increase of 2,900 pupils in the state sector in the long term. This represents approximately 0.03% of the total state sector pupil population.

The noble Baroness, Lady Pinnock, in particular, talked about the important point of SEND places. The Government work to support local authorities to ensure that every local area has sufficient places for all children of compulsory school age who need them, and work to provide appropriate support where pupils with SEND require a place at state-funded schools. She raised some really interesting points about reform. The Government are committed to reforming England’s SEND provision to improve outcomes and return the system to financial sustainability. We are providing an almost £1 billion uplift in high-needs funding in financial year 2025-26.

The noble Baronesses, Lady Pinnock and Lady Barran, both talked about whether regional variation with regard to pupil movement may arise as a result of the Bill measure. They said that some regions may be more affected than others. The Government work with local authorities to support place planning and ensure there is capacity in the state-funded sector to meet demand. We have confirmed nearly £1.5 billion of capital funding through the basic needs grant to create school spaces needed over the current and next two academic years, up to and including the academic year starting in September 2026.

As noble Lords know, all children of compulsory school age are entitled to a state-funded school place, and government support ensures that every local authority has sufficient places for children who need them. The Department for Education monitors place demand and capacity as part of its normal processes and will work with local authorities to meet any pressures. Data on the number of school pupils is published every summer. This provides information on the number of pupils at different types of school, so anyone can see how pupil numbers in state-funded schools and private schools have changed.

There have been suggestions that the cost of pupil moves from the private to the state sector will cancel out the revenue raised from the measure. Based on the average 2024-25 per pupil spending in England, the Government expect the revenue cost of pupils entering the state sector as a result of the measure to steadily increase to a peak of around £20 million per annum after several years. Overall, this means that the expected revenue will substantially outweigh the additional cost pressures.

Pupil numbers in schools fluctuate regularly for a number of reasons, and the school funding system in England is already set up to manage that. For individual schools, the Government therefore expect changes in pupil numbers caused by these changes to be managed in the usual way.

I have spoken only about business rates as that is the scope of the Bill. Noble Lords may also be interested in the impact of the removal of the VAT exemption, which has been mentioned. I direct them to the tax information and impact note that was produced to accompany the VAT change, which is publicly available on GOV.UK.

During the course of the Bill’s passage, we have heard a small number of examples of schools stating that they will reduce partnership activity with local state schools or will no longer be able to provide fee assistance. It is for individual private schools to determine how they manage any additional costs arising from the Bill’s measure. However, as set out previously, the Bill does not remove the charitable status of private schools, and they will need to continue to demonstrate public benefit as a requirement of that charitable status.

Data published by the Independent Schools Council indicates that a lot of partnerships relate to the hosting of joint events or providing access to facilities also used by private school pupils. In many of these partnerships, the activity undertaken also benefits the pupils who attend private schools, so it would not be in the interest of the private schools to stop this activity. The removal of charitable relief from private schools does not reduce these schools’ obligation to show public benefit. The Government do not expect partnership activity or fee assistance to decrease significantly.

I will touch briefly on the other areas that noble Lords have suggested should be examined, starting with looked-after children. Local authorities can place looked-after children at private schools where that is in the child’s interest. We do not expect placements funded by local authorities to be impacted by tax changes, as the local authorities can reclaim VAT. As with partnerships, we do not expect charitable schools to stop supporting these pupils as part of their demonstration of public benefit.

Faith has been a common discussion point in not just this group but earlier groups of amendments. As discussed earlier, on a previous group, the Government value parental choice and recognise that some parents want their children to be educated in a school with a particular faith ethos. Do I know that? Yes, I am the Faith Minister. Many stakeholders have been speaking to me about this issue. Pupils who follow a particular faith can be accommodated in the state sector. All children of compulsory school age are entitled to a state-funded school place if they need one and, as previously stated, all schools must comply with their obligations under the Equality Act 2010. In addition, schools are expected to promote fundamental British values, including the values of mutual respect and tolerance for those with different faiths and beliefs.

On the issue of staffing, the Department for Education annually publishes teacher numbers in private schools. Employment of staff is a matter for individual private schools. We do not anticipate that they will substantially reduce staff as a result of the business rates measure.

I appreciate that there is concern in this area, but we should remember that the removal of charitable relief from private schools will raise important revenue that will help the Government to deliver on their commitment to the cohort of the more than 90% of children who attend state schools. This will break down barriers and ensure that all have access to the same opportunities.

I am unable to accept the amendments, but I hope that the further information I have provided, in relation to the analysis and assessment from the Government that have already been undertaken and that we will continue to do, has reassured noble Lords. I hope that the noble Baroness, Lady Pinnock, feels able to withdraw her amendment.

[Lord Lexden (Con)]

The Minister has spoken at length about the Government’s hopes, intentions and plans. Surely, having done all that, it becomes more important to find out what happens in reality over the next few years: how independent schools are affected and how many children have their education disrupted. These matters need to be clearly established, and that surely points to a proper and full impact assessment.

[Lord Khan of Burnley (Lab)]

My Lords, I take the point that the noble Lord had made very strongly and passionately. In relation to this particular aspect and in contrast to the earlier part of our discussion in Committee related to multipliers, this is not a tax-particular perspective, which is why an impact note for the Bill is available. Of course, we are speaking to stakeholders and will continue to do so to ensure that we take everything into account. We have taken everything in account while bringing this Bill forward.

Non-Domestic Rating (Multipliers and Private Schools) Bill

Lord Lexden Excerpts

2nd reading
Wednesday 29th January 2025 Lords Chamber

[Lord Lexden (Con)]

My Lords, I continue the discussion about independent education. I do so with some temerity in view of the fine speeches made by my infinitely more distinguished noble friends in this debate.

I declare my interest as former general-secretary of the Independent Schools Council and the current president of the Independent Schools Association, one of the council’s constituent bodies, which has just under 700 member schools. Most of them are small in size, operating on tight budgets without any reserves whatever. They are dependent on fee income which, in some cases, can be as low as £3,000 per pupil a year. The council—the chief representative of the independent education sector—acts on behalf of some 1,400 schools. They are immensely diverse in character and are educating with marked success around 80% of the 600,000 children in the independent sector. No responsible Government would seek to make life difficult for these flourishing schools, some of world renown. Yet severe difficulty is exactly what this Government are creating for them.

This Bill continues and extends the Government’s attack on independent schools—one that recognises no distinction between the very varied types of school in the independent sector of education. The Government treat them as it they are all the same and all equally capable of shouldering the new financial burdens, each one of them unprecedented in character, that they are inflicting on independent schools in quick succession. Perhaps the Government believe that all independent schools can somehow find the means to pay their unprecedented financial exactions. If they believe that, they are putting hostile prejudice before reality.

Over 1,000 independent schools, 40% of the total in England, have fewer than 100 pupils, according to the Department for Education’s figures. Is it not obvious that these numerous small schools will suffer particular hardship as a result of the unprecedented financial pressures the Government are piling on them? Some will go under. Evidence is accumulating. The Independent Schools Council will ensure that all of it is placed prominently before the public.

This will add to what is already known. A revealing short debate on Monday, introduced by the noble Lord, Lord Morrow, brought to our attention the sharp fall of no less than one-third in the number of prep schools in Northern Ireland after Sinn Féin made them pay VAT. It is well known that Northern Ireland has some of the best schools in the country, achieving spectacular exam results. It is deplorable that their number should have been reduced by a VAT burden.

On 1 January, just four weeks ago, the Government slapped VAT at 20% on all independent schools, having given them no more than a few months to rework the budgets they had already drawn up for the current school year. It was a terrible thing to do. As they endeavour to come to terms with Labour’s new education tax, independent schools must now prepare for two more financial burdens: the increase in national insurance contributions and the full payment of business rates for the first time ever under the terms of this Bill. Independent schools face a threefold assault from this Labour Government—an assault carried out in just six months.

The Government rejoice that, through this Bill, they will end tax breaks. What do they mean by this? Presumably, they want us to think that they are taking away from independent schools exemptions from taxes that they did not deserve in the first place but somehow managed to acquire. It is absurd. There are no special arrangements which have hitherto enabled independent schools to get out of paying taxes. They have shared with all other providers of education services exemptions from VAT. Those schools which are charities have, until now, shared in the tax arrangements that cover the charitable sector as a whole.

This Bill will create a two-tier charity system in our country, with independent schools in the bottom tier, where other charities may join them in due course as the Government find fresh targets to hit. This Bill will establish for the first time that charities that the Government do not like can be stripped of their charitable treatment even while they comply with their obligations and serve the community at large through work of great public benefit. For independent schools, public benefit work increasingly takes the form of partnership with state school colleagues, as we have heard from my distinguished noble friends. Up and down our land, the two education sectors work together in thousands of partnership schemes.

The increased costs the Government are inflicting on independent schools will endanger that invaluable work. Remarkably, the Bill will inflict grave damage on independent schools without raising significant revenue. The Budget documents estimate that some £70 million will be raised in 2025-26—just 0.1% of the core schools budget. Could there be any clearer evidence of the Government’s hostility to independent schools? Is this, by the way, the first legislation to substitute “private schools” for “independent schools” in its wording? Over the last 30 years or so, the habit has grown up of referring to independent schools as “private” schools. It is in an informal, everyday term. “Independent” is the correct, formal term. Why are the Government now abandoning it? The education department has always registered schools outside the state sector as independent schools. The department has an independent schools division. Should not legislation respect formal, correct usage?

It will be evident that my chief concern is the damage that this Bill will do to small schools, which abound in the independent education sector, as a result of a threefold financial assault being made on them at such speed. I think of the 20,000 children who attend independent Muslim faith schools, charging pupils on average £3,000 a year. I think of the 20,000 children at the United Kingdom’s 80 independent Jewish schools. Their representatives said last month that they

“cannot absorb the cumulative financial pressures”,

adding that

“it is likely we will see a significant proportion”—

of children—

“being left without a school to attend. Many will be left with no alternative but to be educated at home”.

I think of the many wonderful schools making superb provision for children with both complex and more moderate special needs at a time when the state SEND system is in such deep trouble. About 100,000 families will have to pay more as a result of the Government’s tax increases. A number will be driven into the broken—the Government admit that it is broken —state SEND system, unless the tax rises are eased.

There will be much to consider in detail as we move to the Committee stage of this unfortunate Bill.

Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Lord Lexden Excerpts

Tuesday 12th December 2023 Lords Chamber

This is surely a partisan proposal; it will benefit the Conservative Party, according to many estimates. What expectations do the Government have about the number of donors, some large, who may suddenly surface as a result of these proposals? In their dying days, this Government have brought forward these proposals. My hope is that an incoming Labour Government will speedily reverse them.

[Lord Lexden (Con)]

My Lords, my noble friend Lord Hayward stressed the central point about these regulations: they bring into effect, at long last, the right of our fellow countrymen and countrywomen living overseas to participate in our elections. They were promised votes for life, and at long last that promise will be fully delivered, following the provisions in the Elections Act of last year that these regulations carry forward.

It is an immensely important day for those who have looked forward to it and have campaigned for it. Many of them are in the Conservative Party, as my noble friend referred to, alongside others in this House. I well remember advocating the removal of the arbitrary 15-year limit in my early speeches in this House, 12 years or so ago. The noble Lord, Lord Wallace of Saltaire, will recall the legislation that gave rise to those discussions.

It was particularly gratifying last year, when the Elections Act was carried into effect, that among those who were able to note it with approval and rejoice was a quite remarkable figure: Harry Shindler OBE, a long-time Labour supporter resident in Italy following courageous action during the Second World War. He devoted a large part of the peacetime that followed to draw attention to the very unsatisfactory state of affairs and to call for change, year after year in place after place. It was wonderful to celebrate with this great man, aged 101, immediately after the passage of the Act last year.

This measure implementing what was agreed last year brings us in line with so many other countries that give full voting rights to their citizens living in other countries. It has become a mainstream democratic principle, and we are right to incorporate it in our law. The Labour Party, through the noble Lord, Lord Khan, seems to be suggesting that it is au fait with the retention of some restriction in this area. I remind the Labour Party of the view of Labour International, to which it belongs. It said in March 2021 that it urges the PLP and party leadership to support votes for life for British citizens living outside the UK:

“As a democratic party, Labour should acknowledge that many British people living and working abroad still have close connections with the UK and are directly … affected by decisions and actions of the government in the UK”.


I ask the Labour Party to bear that very much in mind.

[Lord Harris of Haringey (Lab)]

My Lords, the Minister is well respected in this House for the cogent and clear way she presents material to us, so I listened with great care to what she had to say. While she explained in detail the practical—and, in some cases, quite complicated—details of how this will work, I heard very little about the philosophy underpinning what is being done. The noble Lord, Lord Lexden, just gave us an example of the philosophy of why this is appropriate—the principle of votes for life for citizens—but what we have not heard is the underpinning philosophy of why this solution is the appropriate response to that.

If elections mean anything, they are about local people choosing a local representative to represent their interests in a Parliament, a local authority or whatever else. Here, we are talking about people who have lived overseas—maybe for 15 or 20 years or even longer—so where is that local link and line through which local people vote for a local representative to sit on a body representing their interests? It becomes very blurred. As I understand the proposals, you will, in effect, have a choice. If you have lived overseas for many years but, in your youth, you lived in all sorts of places around the UK, you can pick and choose the constituency or area to which you have affinity. Is that an appropriate way of demonstrating that link?

Some have made jokes about one of the issues, saying that we should have an MP representing people living in the Bahamas. But the principle adopted in other countries is quite clear: it recognises that, after 10, 15 or 20 years, you no longer have the same sort of local affiliation, and it is therefore legitimate that your interests are represented in some other way. For somebody who was last resident in this country 20 years ago, there may well have been several changes in the Member of Parliament for their area—I have lost count of how many general elections we have had in the last 20 years, for a variety of reasons—and they may not have very much knowledge about what has gone on their area. The question then arises as to why it is appropriate for that link to a particular constituency to be allowed.

When the Minister responds to my noble friend Lord Khan’s regret amendment, she needs to address why we are doing this. What is the philosophy that underpins it and, secondly, what is the reason for choosing this particular method of delivering the commitment to lifelong electors? Why are we saying that you have this opportunity to pick and choose—to decide which constituency you might want and whether you will participate in local elections about local services? You will, ultimately, decide the amount of expenditure on refuse collection and other matters. That is no doubt fascinating, but if you have lived overseas for many years, it is difficult to see how you have that affinity and that interest. We have to understand why this particular solution has been taken. When the Minister explains why the option of creating a constituency for overseas residents has not been dealt with, perhaps we can then have some explanation as to whether this has created a significant further loophole in respect of bringing money into this country for electoral purposes. It is difficult to understand why there is this sudden move to do it, and to do it in this way.

Levelling-up and Regeneration Bill

Lord Lexden Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

Moved by

[Lord Lexden]

242: After Clause 128, insert the following new Clause—
“British standards: publicationWhere legislation made under the Planning Acts, or a local authority planning policy, refers to a British standard, the Secretary of State or local authority must take such steps as are necessary to make the relevant standard publicly available online free of charge.”

--- Later in debate ---

[Lord Lexden (Con)]

My Lords, for the second time today, I shall speak on behalf of my noble friend Lord Northbrook, who cannot be in his place.

Amendment 242 seeks to make access to planning-related British standards available to everyone free online. Should every citizen not have a right to see relevant British standards free of charge? The cost of gaining access to them at the moment is not exactly modest. A few days ago, an inquiry was made about buying BS5228, which relates to noise and disturbance from construction sites, from the BSI website. The charge for part 1 was £298 and for part 2 was £356—a grand total of £654, which is no mean sum.

What is needed, I suggest on behalf of my noble friend, is an instruction to the British Standards Institution, which publishes the standards online or grants online access to them via public libraries. In Committee the Minister insisted that, as his colleague in another place wrote,

“The BSI are an independent organisation and we therefore cannot compel them to publish some, or indeed any, of their standards without charge”.


May I press my noble friend a little on this? Surely there must be numerous independent organisations referred to in statute whose publications are made available without charge on the internet. For example, air source heat pumps are legally required to comply with MCS planning standards or equivalent standards. The relevant microgeneration installation standard MCS 020 is the property of the MCS charitable foundation and is published on the internet for anyone to read without charge. Why cannot BSI do the same? The principle is clear; British citizens should not have to pay to find out about legal obligations with which they have to comply.

--- Later in debate ---

[Lord Lexden (Con)]

My Lords, how lucky my noble friend Lord Moylan was—he was garlanded with praise from the Front Bench.

On Amendment 242, I was extremely glad to hear from my noble friend that a number of libraries in Great Britain had the good sense to bring themselves into line with libraries in Northern Ireland, so that their users can have free online access to British standards. Where Northern Ireland has gone so successfully and pre-eminently, others now follow. That is extremely good news, so I shall not press the amendment.

We have already debated the amendment that follows. It is a modest amendment asking for local consultation purely in residential areas when a noisy business such as an all-night McDonald’s is to be placed among them. It seems entirely reasonable that local residents should be properly informed, so I ask my noble friend the Minister and her officials to reflect further on Amendment 243, which I shall not press. In the meantime, I beg leave to withdraw Amendment 242.

Amendment 242 withdrawn.

UK Citizens Resident Overseas: Verification

Lord Lexden Excerpts

Wednesday 29th March 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, if they are registered as citizens of this country, they can then vote, but if they are not, they cannot.

[Lord Lexden (Con)]

I join the noble Baroness opposite in paying tribute to Harry Shindler OBE, who campaigned for years to achieve votes for life for all British citizens. It was marvellous that those who had worked with him, such as me and the noble Lord the Leader of the House, were able to celebrate at lunch with him towards the end of last year. Sadly, as the noble Baroness mentioned, he died a month ago, aged 101.

[Baroness Scott of Bybrook (Con)]

He is sorely missed.

Levelling-up and Regeneration Bill

Lord Lexden Excerpts

Committee stage
Wednesday 22nd March 2023 Lords Chamber

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, is Amendment 184 withdrawn?

[Noble Lords]

We are mid-group.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I beg your pardon. The debate continues on Amendment 183. Forgive me.

Clause 85: Development plans: content

Debate on Amendment 183 continued.

Levelling Up: Funding Allocation

Lord Lexden Excerpts

Monday 23rd January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I thank the right reverend Prelate for that question and I will have to give him a written answer: I do not have that information on the north-east devolution deal.

[Lord Lexden (Con)]

What are the implications for Northern Ireland? Is it receiving its fair and proper share of the funding? Will it be spent in Belfast and throughout the Province for the benefit of all sections of the community?

[Baroness Scott of Bybrook (Con)]

My Lords, a very fair amount of money went out to all the devolved authorities across the country and it will be up to the local authorities that put in a bid as to how that money is spent, according to the projects that they bid for.

Social Mobility Commission

Lord Lexden Excerpts

Thursday 12th January 2023 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I have no answer for the noble Lord on that one. The questions I am answering are on a completely different subject.

[Lord Lexden (Con)]

My Lords, as my noble friend Lord Baker of Dorking pointed out, the key to greater social mobility must lie in education reform. By a happy coincidence, this House is about to establish a Select Committee on that very subject.

Voter Identification Regulations 2022

Lord Lexden Excerpts

Tuesday 13th December 2022 Lords Chamber

The introduction of photo ID was not in the Conservative manifesto. It is the birthright of every individual in a democracy to vote. If many thousands are deterred, or refused that right, our democracy is failing. I call on the Minister to withdraw these regulations and resubmit them for a future set of elections. I beg to move.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, I inform the House that if this amendment is agreed to, I will be unable to call the amendment in the name of the noble Baroness, Lady Hayman of Ullock, by reason of pre-emption.

[Baroness Hayman of Ullock (Lab)]

My Lords, from the moment that the Government’s plan for voter ID was first introduced, these Benches have made it clear that we see it as unnecessary. We believe that voting in Britain is both safe and secure, yet this policy is being introduced at a cost of many millions of pounds and, more importantly, could prevent millions of people exercising their right to vote.

On this basis, we opposed the proposal in the Elections Bill and, just yesterday, Labour Members of Parliament voted against these regulations in the other place. So I will not focus my contribution today on the principle of voter ID, and I will not rehash arguments already made—but I will reiterate our opposition to the policy as a whole.

I want the House to consider what happens next, if the concerns of the Electoral Commission and the Association of Electoral Administrators are realised. There is now a strong possibility that the lack of awareness and preparation will mean that many of the 2 million voters without the right ID will lose their right to vote. The impact of that on our democracy could be extremely dangerous.

It is on this basis that I have tabled a Motion to establish a new Select Committee to consider the impact of the regulations on the May elections. The committee would be tasked with conducting a post-implementation assessment of the policy, based on an impartial examination of evidence. An evidence-based approach to policy-making is all that we are asking for, so I welcome the fact that the Minister has now agreed to commission an independent report to consider the implementation of the policy and I extend my thanks to the Minister and her office for their approach to the negotiations we have had.

This builds on further concessions the Minister made during the passage of what became the Elections Act, which bound the Government to review the relevant sections. I am pleased that the Minister will now go further and ensure that the report is drafted independently. I welcome the further fact that the Minister has approached the Constitution Committee and that colleagues have approached the House of Commons Public Administration and Constitutional Affairs Committee, with a view that they will consider the evidence.

However, notwithstanding these significant concessions made by the Minister, I want to reiterate the strength of feeling on these Benches, and I hope that the Minister can provide clarification on a number of further points. If she is able to offer these assurances in her response to this debate, I will consider not pressing our Motion.

On voter cards and other ID, it is now less than six months until this policy is introduced in May, when people across most of England will have the opportunity to vote. Yet there has still been no public awareness campaign launched, and there is no reason to believe that all those who do not own the necessary ID will be aware that they cannot vote without it. Just yesterday, the Financial Times reported that the Cabinet Office has found that 42% of people with no photo ID are unlikely to apply for one. Given that we are in a cost of living crisis, this is hardly surprising; after all, a passport costs £85 and a driving licence is £43. Will the Minister remain open to expanding the list of ID if the independent report provides evidence to support this?

The proposal for a free voter card was of course intended to help address this, but the application process has not materialised, and even at the best of times, many people struggle to access local authorities because of their limited opening hours. As a result, it is likely that many people who may not have the time or capacity to travel to a local authority and deal with the lengthy application process may just not bother, and therefore lose their vote. Can I therefore ask the Minister to commit to work with local authorities to ensure that the voter card is open to applications as soon as reasonably possible, and that it operates as swiftly and smoothly as possible? Can I also ask the Minister to assure me that the Government will take steps, together with local authorities, to monitor applications and any relevant issues, and also ensure that voters are aware that the document is free?

In addition, the Association of Electoral Administrators —the body that represents local authority electoral registration officers responsible for delivering elections—is now raising serious concerns about the huge administrative burden that will be placed on already overstretched local authorities. With the new responsibilities placed on the staff of polling stations, there is also a possibility of long queues and overburdened staff. Will the Minister commit to engaging with representatives of those working at polling stations to ensure they are fully prepared for the rollout? Specifically, will the Government monitor any instances of polling stations closing prematurely when there are still electors in the queue?

The Minister will recall that, when the Government piloted mandatory voter ID in a handful of local authorities during the 2018 local elections in England, more than 1,000 voters were turned away for not having the correct form of ID; of these, around 350 voters did not return to vote. Then in 2019, about 2,000 people were initially refused a ballot paper, of which roughly 750 did not return with ID and therefore did not partake in the election.

I do understand the points that the Minister has made regarding Northern Ireland, but I am sure she will also accept that the scale across England creates much more of a challenge. Without any real public awareness, guidance, and time for preparation, I am not confident that this challenge will be met before May. Nevertheless, I welcome the fact that the Minister has agreed to an independent report into the impact that this may have on the upcoming local elections. I hope the Minister can now provide the additional clarification necessary to avoid a Division on this Motion.

I also want to make it clear that our concerns remain over the implementation of this policy, and we will return to this during, and after, the rollout of the May elections. I look forward to seeing the independent report, and I truly hope that it will not be possible to find evidence of widespread disenfranchisement in May, but if these concerns are indeed realised, then the Minister should expect that we will be calling for the policy to then be withdrawn.

Housing: Leasehold Properties

Lord Lexden Excerpts

Monday 17th October 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, we are continually looking at how we can support the rented sector through this particularly difficult time. On Section 21, as the noble Baroness probably knows, the Prime Minister has said that she will not change her decisions on that either.

[Lord Lexden (Con)]

My Lords, does not the point of the noble Lord, Lord Foulkes, underline the importance of doing all we can to induce voters in Scotland to vote for parties other than the Scottish nationalists, preferably the Conservative and Unionist Party?

[Baroness Scott of Bybrook (Con)]

I agree with my noble friend.