West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024

Debate between Lord Lexden and Baroness Pinnock

Wednesday 13th March 2024 Lords Chamber

[Lord Lexden (Con)]

My Lords, I came slightly late to the debate—for which I apologise—and, because of that, I shall be extremely brief. I have listened to all that has been said. I have looked very carefully at the excellent report by our all-party Select Committee with the noble Lord, Lord Hunt of Wirral, in the chair, and I find it quite impossible to suppress feelings of deep disquiet and concern about the way the Home Office has conducted itself in this matter.

[Baroness Pinnock (LD)]

My Lords, I am very pleased that the noble Lord, Lord Bach, has again brought the attention of this House to this difficult issue.

I want to emphasise just three points. First, in this country, we have a noble approach to policing, which is policing by consent. It seems to me that policing by consent should also include policing by consent of our elected local representatives. In this case, that is clearly not there. All the constituent authorities agreed to oppose this merger—this amalgamation—of the two roles.

My second point is about local accountability. We know that the police service in the West Midlands spends a great deal of local public money, and there ought to be local accountability. I live in West Yorkshire, so I know how this will operate. The elected Mayor of West Yorkshire has also taken over the role of the police and crime commissioner and has appointed an unelected person to fulfil the role of what was formerly an elected police and crime commissioner, at a considerable salary.

The only way that local people can call to account the policing of their area is through the police and crime panel, which, as the Minister read out, has some quite limited powers to do so, including looking at the policing plan, which is drawn together by the police and crime commissioner or the mayor and the chief constable, and checking whether they are fulfilling it. That is inadequate, when those people are seeking to reduce crime and safeguard the lives of local people. Policing by consent has failed in this instance and accountability is totally inadequate.

Levelling-up and Regeneration Bill

Debate between Lord Lexden and Baroness Pinnock

Report stage
Wednesday 6th September 2023 Lords Chamber

[Lord Lexden (Con)]

My Lords, I will very briefly add to the salutations rightly directed at my noble friend Lord Parkinson for his important amendment extending the blue plaque scheme. One moment my noble friend is expounding issues related to online safety, and a little while later he brings forward a major heritage measure, which I think will have given him great personal pleasure because of his considerable interest in matters related to history.

The extension of the scheme will surely stimulate added interest on a considerable scale in localities throughout our country and extend knowledge of individuals who contributed within those localities and, in many cases, at national level too. The scheme will not be appropriate in every single case. For example, in Birmingham there is a fine memorial to Joseph Chamberlain. The noble Lord, Lord Shipley, will know it, as will the noble Lord, Lord Carrington, with whose remarks on the preservation of buildings I agree strongly.

On the Joseph Chamberlain memorial, there is a suitably inscribed plaque recording his important work. The city council has agreed in principle to a proposal from the noble Baroness, Lady Stuart of Edgbaston, and me to add plaques to Joseph Chamberlain’s two sons, Austen and Neville, who contributed greatly to the life of Birmingham and, of course, at national level. In Neville’s case, rather controversially, but he was above all the greatest social reformer the Conservative Party has ever produced. It would be right to ensure, as I think we will, that the new plaques blend in satisfactorily with the existing one. However, I think that in most cases, the blue plaques shining forth in their localities will do so much to stimulate historical interest throughout our country. For that, I salute my noble friend.

[Baroness Pinnock (LD)]

My Lords, I added my name to Amendment 271A in the name of the Minister and thank him for the meeting we had to discuss it. My Liberal Democrat colleague, Councillor Gerald Vernon-Jackson, promoted the change in his work as chair of the LGA’s culture, tourism and sport board. I am glad the Minister recognised the role he played in bringing this amendment to the Floor of the House. This is a really good move, which is welcomed across the House, adopting the extension of the blue plaque scheme to areas outside London and to those of us who live outside London. I did not realise that they did not happen outside London because of the local schemes that have been in place. My understanding is that those local schemes can continue; there is no conflict with the extension of the current blue plaque scheme.

The noble Baroness, Lady Andrews, and my noble friend Lord Shipley have made a strong case for Amendment 204A. I hope that the Minister will accept the amendments in the name of the noble Baroness because, if nothing else, she has raised the issue throughout the passage of the Bill and, during the passage of the Bill, we have had an excellent example that highlights the reason why she has so strongly promoted these changes.

Fire Safety Bill

Debate between Lord Lexden and Baroness Pinnock

Consideration of Commons amendments
Wednesday 28th April 2021 Lords Chamber

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

If Motion A1 is agreed to, I cannot call Motion A2. I call the noble Baroness, Lady Pinnock, to speak to Motion A2.

[Baroness Pinnock (LD) [V]]

My Lords, I remind the House of my interests as a vice-president of the Local Government Association and a member of Kirklees Council.

Throughout the course of this Bill, I have said that I support its contents and purpose. I cannot support the unintended consequences that will have a devastating impact on individual leaseholders and a very damaging effect on the housing market. Those are the reasons for my asking again for the Government to take responsibility for the consequences of this Bill, which despite the Minister’s best efforts has been totally underwhelming so far. Promises have been made by the Government and not kept.

The Government’s response to date is to provide grant funding of £5 billion while knowing that the total cost is estimated at £16 billion. The grant includes only blocks over 18 metres and only removes the flammable cladding. For those in lower blocks, there is the prospect of paying up to £50 per month for years to come.

Conveniently, the Government fail to take into account the non-cladding issues that are a result of construction failure of immense proportions. These non-cladding issues are the ones that will finally push individuals over the edge. Meanwhile, those who have literally built this catastrophe walk away with their billions of profit. The Government have a duty to protect their citizens—it is their prime duty—yet here we are today with perhaps a million of our fellow citizens being thrown to the ravages of financial bankruptcy, and the Government wash their hands and look the other way.

The Government will argue that the Bill is a vital response to the Grenfell tragedy. It is so vital that it has taken four years to get to the statute book. The Bill’s purpose is to include external walls, doors and balconies in the fire safety order of 2005, so that action is taken to protect people from another Grenfell tragedy. However, a Bill is not now needed to force action to remove cladding; that is happening. It is not needed to get fire alarms put in; that is happening. Those who own the buildings, and those who are leaseholders and tenants, already know that action has to be taken to make their buildings safe. It is no longer urgently necessary to get legislation to force the issue and it is no longer possible to force construction firms to take the necessary action; there is not capacity to do so. If, though, the Bill does fall, this provides a breathing space for the Government to develop a package of further measures that will protect the interests of leaseholders and save them from penury.

The amendment in my name seeks to achieve that breathing space. It is based on the original one in the name of the right reverend Prelate the Bishop of St Albans and has been adjusted to include the various very valid points that have been made during the passage of the Bill. We must all recognise that passing this Bill will not magic away the crisis that individual leaseholders are facing. It will not remedy the construction scandal. It will not provide stability for a foundering housing market. It will be the beginning of a scandal of individual bankruptcies, homelessness, intense stress and mental illness. It will become a public scandal and I for one will at least have on my conscience that I have done all in my power to prevent it. Leaseholders have done everything right and nothing wrong. Liberal Democrats will stand by them. I give notice that I wish to test the opinion of the House on the amendment in my name.

[The Earl of Lytton (CB) [V]]

My Lords, as we seem to be in the last chance saloon, I will try not to repeat myself too much, but declare my interests as both a property professional and a vice-president of the LGA. As I said yesterday, the House seems to be presented by the Government with a choice. On the one hand is the evident desirability of implementing fire safety measures in pursuance of the valuable recommendations in the report by Dame Judith Hackitt into the Grenfell tragedy, plus a partial solution to some of the effects of cladding replacement on a limited class of taller buildings, as we have heard. On the other is what I am afraid I must describe as the effective hanging out to dry of hundreds of thousands, if not millions, of other home owners. It should not be a question of either/or in dealing with a growing and pressing social and economic disaster. I too support improved fire safety, but not on the basis of creating further untold, and probably unquantified, problems.

Yesterday, the Minister endeavoured to persuade us by saying that this brief and simple Bill merely clarified the Regulatory Reform (Fire Safety) Order 2005. I am afraid to say that, on my own rereading of that, he is plainly mistaken. This Bill amends the scope of the fire safety order by inserting an exception to paragraph 1a, referring in turn to two newly inserted paragraphs, 1A and 1B, that substantially expand the scope of the order. The fact that anything was attached to the named elements means the Bill has far wider implications than might be supposed. So I am afraid to say that the Minister’s assertion really did it for me. I felt it was misleading and what my late father would have described as an exercise in intellectual sharp practice. My distinct impression is that I am being taken for some sort of fool. The indisputable fact that must be regarded as plain is that this Bill makes the changes that by direct chain of causation have created the issues and caused the results that the noble Baroness, Lady Pinnock, and the noble Lord, Lord Kennedy, seek to resolve.

Another issue appears to be one of definition. The Government are concerned that any scheme that might be put in place could be used to avoid regular maintenance and routine upgrades. The amendment of the noble Baroness, Lady Pinnock, in particular, seeks to address that. In my experience there may be grey areas, but I do not have any difficulty in my work in distinguishing repairs and the like, or like-for-like replacements, from those items that are improvements. Nor do most leaseholders and property owners.

Let us be clear—and here I take a cue from the noble Lord, Lord Kennedy, for a bit of historical background—that it was on the watch of a Conservative Government that the 1984 Building Act brought in the approved inspector regime and the effective privatisation of the regulatory oversight of construction quality, previously exercised by local authority building control. Despite indicators of shortcomings and shortcutting, this process continued, without adequate checks on who was doing the inspection of the works, or how good the oversight was in practice. It is on the basis of the subsequent 37 years of construction and its legacy of known and unknown deficiencies, scattered randomly about the nation’s housing stock, that modern housebuilding, construction warranties, lending and home ownership have been founded.

If the Government consider that they need to take steps to protect the valiant and much-abused postmasters from system failure, how can they, with it any cogency or conscience, make a distinction concerning a far greater number of home owners who are affected at least as severely? So, while I note that the Minister in the other place this afternoon sought to point the finger at the unelected Lords blocking the democratic decision of the Commons, I simply say that the exercise of raw political power vis-à-vis the party whip to procure a majority in the Lobby does not endow the Government with a moral superiority, or indeed the social advancement of justice and ethical treatment of citizens. I note the reasons for rejecting our amendments, which simply translate as “too difficult”. I suspect not half as difficult as picking up the bits after this has rolled itself out.

At one point I believed the Government had it hand to corral all the potential damage, but I believe they have not done so. It would not concern me if this Bill fell, so unreasonable do I believe its true effects to be, and so lacking is the willingness of the Government to deal with it. What it has proposed will roll out far too slowly: eight months to do the highest-risk buildings, and how much longer to deal with the far greater number in future stages? What about capacity in terms of manpower, training and so on?

I took note of the comments from the noble Lord, Lord Cormack, but I find that sitting on my hands, signifying my acceptance of the Government’s position here, does not sit comfortably with my conscience—knowing, as I do from professional experience, just what harm the Bill is likely to do, alongside its undoubted good.

I suspect that the Bill will ultimately pass into law, even if the Parliament Act has to be invoked—but I am afraid I cannot agree to it as it stands. I fear that Lobby fatigue may mean that this is the end of the matter for now. Either way, I shall return to this subject in the new Session—as, doubtless, will the noble Lord, Lord Kennedy, and the noble Baroness, Lady Pinnock. Meanwhile, I have absolutely no hesitation in supporting the thrust of the amendments—any one of them, whichever might gain approval. And I hope I will sleep with my conscience clear as a result.