Business and Planning Bill

Lord Low of Dalston Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Monks (Lab) [V]]

My Lords, I will speak in support of Amendment 4. As my noble friend Lord Hain said, the Bill misses an opportunity to engage trade unions fully in the measures it proposes, specifically on the issue of pavement licences. In his excellent new biography of Ernest Bevin, which I commend to the House, my noble friend Lord Adonis quotes from a letter from Bevin to the boss of ICI during the Second World War. In it, he proposes a round table for every workplace and says:

“Present methods tend to emphasise the apparent conflicting interests, whereas, if we could get round the table and get that idea suggested, we should get more emphasis on community of interest engaged together on a common task.”


Ironically, this message was better received in west Germany than it was by employers in the UK and other places. Germany’s impressive results are well known to Members of this House.

This amendment covers one small area, but it also looks to pave the way to a round-table approach from now on in the much-changed environment in many workplaces. Working from home, social distancing, protective clothing, and new hygiene standards are now features of work for many. For them to be successful, they need consent, support and active encouragement from all concerned. The noble Lord, Lord Blencathra, referred to the teachers’ unions. Our message about round tables and partnership is aimed at everybody, including employers, trade unions and other organisations, including local authorities. What has been happening in Leicester? The workshops there show a serious failure in that city—although not just there—to engage workers properly on health and safety and, no doubt, other matters too.

The Chancellor said recently that the Government would look after employers who looked after their workers, but we need more than paternalism. We need a sense that we are all in this together and breeding an idea of partnership. As my noble friends have said, that sense of common endeavour was a key feature of Roosevelt’s New Deal, which the Prime Minister has been extolling. Roosevelt promoted trade union collective bargaining as part of his job creation programmes and the PM’s admiration for the New Deal should not blind him to the fact that it is not an a la carte menu from which you can pick different bits. It is a package, of which trade unions are an essential ingredient. What was good enough for the USA, and is good enough for Germany today, is surely good for the UK. I hope that the Government will recognise the strength of this case, do the right thing, and support Amendment 4.

[Lord Low of Dalston (CB) [V]]

My Lords, I will speak to Amendment 10, in the name of the noble Lord, Lord Blencathra, concerning the minimum width left on pavements for pedestrians to pass safely. I welcome the Government’s announcement in Committee that they would be bringing forward amendments to place the conditions of pavement licensing on a statutory footing. I also welcome the acknowledgment in the Bill of the needs of people with disabilities to be able to access streets safely. However, I remain deeply concerned at the speed with which these measures are being rushed through. As the Government were not prepared to extend the consultation period for applications, it is essential that there is a clear requirement regarding the minimum space that businesses need to leave on the pavement for pedestrians to pass safely.

At Second Reading, I outlined the difficulties that people who are blind or partially sighted face as a result of social distancing, as well as many of the new challenges due to altered road layouts and one-way systems, not to mention the rapid rollout of e-scooters on to our streets. As it stands, the Bill risks a significant and barely controlled expansion in the level of obstruction on our pavements, which is especially hazardous for people with a sight impairment or limited mobility.

While putting conditions for licensing into statute is welcome, this will be useful only if the guidance that these conditions refer to is relevant and up to date. It is also vital that the requirement to meet these conditions is clearly communicated to licensing authorities. At present, the Bill’s draft guidance refers to the Department for Transport’s document Inclusive Mobility, which is one of the main sources of information on accessible design for planning authorities in England. In Committee, the noble Lords, Lord Blencathra and Lord Adonis, noted the inconsistencies in the minimum distances set out in that document and the confusion that this will cause. Inclusive Mobility only has limited references to street café furniture. As the last version is from 2005, the references to equality legislation are largely out of date. Most obviously, this guidance was drawn up well before social distancing was a consideration. As well as needing to take into account the minimum physical distance that is required for a wheelchair, mobility scooter or guide dog to pass, further space is surely now required in order that pedestrians can pass in congested areas at an appropriate distance.

Business and Planning Bill

Lord Low of Dalston Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Lord Low of Dalston (CB) [V]]

My Lords, I will speak to Part 1 of the Bill on pavement licensing, which will significantly reduce the application period—from 28 days to seven—for a business to obtain a licence to place tables, chairs and other items of furniture on the footpath. There are no requirements for the consultation to be accessible to people in the area with sight problems; the only requirement is for a written notice on the premises. If a licensing authority does not respond within the short timeframe, the application is automatically deemed to have been successful and the licence to place furniture on the pavement will be valid for a whole year.

This is a difficult and anxious time for everyone, but, as the noble Baroness, Lady Randerson, pointed out, there are particular challenges for people who are blind or partially sighted, with social distancing measures limiting independence and increasing isolation. Many people with sight problems rely on some form of guiding to navigate different environments, which often involves some physical contact. Social distancing measures make access to this support extremely difficult.

Public attitudes are also an issue. Research from the charity Guide Dogs has found that only 22% of the general public would feel “completely comfortable” offering to help someone with sight problems while social distancing measures were in place. Additionally, instructions on how to maintain a distance, such as one-way systems and floor markings in queues, are entirely visual and largely impossible for people with sight problems to follow independently.

Against this background, the measures in the Bill could see a radical increase in the amount of street clutter and reduce the already limited space on our crowded pavements. The increase in street furniture envisaged in the Bill could force blind and partially sighted people to walk in the road, change their route, avoid travelling independently or even stay at home altogether.

There is an understandable need to allow people to socialise as safely as possible and boost our economy by encouraging spending. However, the unintended consequences of these measures will further damage the confidence of blind and partially sighted people in getting out and about safely and independently. People who use wheelchairs or mobility scooters will also be adversely affected by obstructions on our pavements. Will the Government revisit these measures, extend the consultation period and require applications to be published in accessible formats so that they are open to meaningful local scrutiny?

The proposal to allow applications to be granted automatically should the local licensing authority not respond in time is particularly concerning. Many local authorities are already struggling and, if they are overwhelmed by requests from businesses, the automatic approval process risks allowing hazardous street furniture to be permitted in inappropriate locations.

Under the public sector equality duty, local authorities are required to have due regard to advancing equality, including removing or minimising disadvantages suffered by people due to their protected characteristics. How meaningful is the opportunity given the local authority to carry out this duty if it is essentially overruled and forced to accept applications? I recognise the desire to speed up approval of pavement licences, but this must not come at the cost of the duty to consider the needs of pedestrians with disabilities.

Coronavirus Bill

Lord Low of Dalston Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 25th March 2020 Lords Chamber

[Lord Low of Dalston (CB)]

I thank my noble friend very much for her support. I do not think I had tried to speak—maybe I gave the wrong signal in some way.

I very much agree with what my co-signatory to the amendment, the noble Baroness, Lady Thornton, said, but I do not wish to add to it. I am perfectly content that she covered what needed to be said.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too am very keen to support these amendments, particularly Amendment 1. Any form of monitoring has to be valued. It is important that we keep on top of those who might be suffering, particularly the most vulnerable. A new word in our dictionary is “intersectionality”. The situation is most problematic where people have multiple disadvantages and I want to mention a number of them.

I am particularly concerned about the healthcare that might be available in our prisons. I am concerned for staff and prisoners. Only this morning it was announced that a number of people in our prison system have the virus and are becoming ill. In many prisons they are being kept in isolation because of overcrowding. That means that there will be mental health issues, which many of our prisoners already have. Therefore, I strongly advise making mobile phones available to everyone in their cells, so that they can make contact with their relatives and have the opportunity to speak and get support.

I am also very keen that we think about releasing large numbers of prisoners. Those awaiting trial should be allowed to have bail and, if necessary, have ankle bracelets fitted. We should certainly let out the pregnant women in prison referred to this morning. We should also think about elderly prisoners—those over the age of 65—as well as those with underlying health issues.

This is a population invisible to us. Therefore, I ask that, in monitoring, we take account of that too. We have to find ways of making sure that our prisons do not erupt into a source of serious disease and serious unrest, as that makes for a double punishment.

Independent Complaints and Grievance Policy

Lord Low of Dalston Excerpts

Thursday 21st December 2017 Lords Chamber

[Lord Low of Dalston (CB)]

My Lords, while fully supporting the work of the working group and not wishing in any way to excuse those guilty of wrongful behaviour, I have some concern that the definitions of terms such as “bullying” and “harassment” in the survey that was recently circulated by the working group rely on a degree of subjectivity which makes them difficult to apply with precision; for example, in its use of expressions such as “unwanted” and “unwelcome” to describe conduct that is considered unacceptable. What is considered unwanted or unwelcome by one person may not be by another. Some people may be excessively thin-skinned. Does the Leader not agree that definitions of what is unacceptable need to be subject to some kind of test of reasonableness, and will the working group please take this on board in its ongoing work?

[Baroness Evans of Bowes Park]

I thank the noble Lord and certainly take on board his comments. The definitions we used in the survey are official definitions. I am afraid I cannot remember if they were from ACAS or elsewhere. We used definitions of bullying, harassment and sexual violence that are accepted in practice.

Brexit Negotiations

Lord Low of Dalston Excerpts

Monday 11th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

No, I am afraid that I do not agree with the noble Lord. As we have made clear, the whole of the UK, including Northern Ireland, will leave the EU customs union and the single market, and nothing in the agreement alters that fundamental fact. I would have thought that noble Lords would be pleased that we have made progress, have reached the end of phase 1, have come to an agreement together and are looking to move forward. It would be nice if we all did that in a constructive and positive manner because we all want the best for this country and to make sure that our future is bright.

[Lord Low of Dalston (CB)]

My Lords, if the Government are committed to full regulatory alignment between Northern Ireland and the rest of Ireland, and there is no distinction to be drawn between the position of Northern Ireland and that of the rest of the United Kingdom, does it not follow that there must be full regulatory alignment between the United Kingdom as a whole and the European Union?

[Baroness Evans of Bowes Park]

We have been clear that maintaining alignment means that we may have the same objectives but that they may be met in different ways.

European Council

Lord Low of Dalston Excerpts

Monday 23rd October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

As the noble Lord will be well aware, there is absolute commitment on both sides to ensure that we do not return to the border of the past. The discussions will continue in the negotiations, and when we are ready to put forward proposals, we will do so.

[Lord Low of Dalston (CB)]

My Lords, will the Leader of the House not agree that there is no solution to the Irish border problem if the UK leaves the customs union? If she does not agree, could she say what the solution is?

[Baroness Evans of Bowes Park]

No, I do not believe that that will an issue in that sense. We have already committed to not returning to the border of the past and to working together on this. There is plenty of technology and other things that mean we will come up, with the EU, with an option that works for the island of Ireland and for Northern Ireland as part of the UK.

Role of the Lord Speaker

Lord Low of Dalston Excerpts

Thursday 30th March 2017 Lords Chamber

[Lord Low of Dalston (CB)]

My Lords, as I have said only recently, it is always a pleasure to follow the noble Lord, Lord Rooker—it feels like only the other day but I see that it was last December. Uncharacteristically, I could not hear him as well as I usually can to begin with; it must have been some quirk of the microphones because I am sure that it cannot have been a quirk of the noble Lord.

It is also a pleasure to support the noble Lord, Lord Foulkes of Cumnock. I usually do so from behind, but on this occasion I hope that I may be blazing a trail for him. Of course, I have no idea what he is planning to say, but I think we can have a fair idea. If I am right, I hope that my remarks will be supportive, but I in no sense wish to steal his thunder—I am merely the warm-up act for the pyrotechnics to come.

I am very grateful to the noble Lord, Lord Grocott, for tabling this QSD and securing this debate, because I have long held that the Lord Speaker’s role needs to be enhanced to give him or her the power to call speakers at Question Time and in response to Statements. A recommendation along these lines—originally emanating from the Leader’s Group on working practices of the House, under the chairmanship of the noble Lord, Lord Goodlad, but recrafted by the Procedure Committee for formal presentation to the House—was debated by the House on 8 November 2011. The recommendation ran:

“that the role currently performed by the Leader of the House or Government front bench during oral questions and oral statements be transferred for a trial period to the Lord Speaker”.

It did not go as far as I have just suggested, because it continued:

“the role thus transferred includes the responsibility to arbitrate between groups within the House, but not any responsibility to arbitrate between individual members by name”.

However that may be, it was a good start and I was very much in favour of it—no doubt because it was a recommendation I had myself made to the Leader’s Group. I argued that the principle of self-regulation had not been working well at Question Time. The free-for-all, which was by no means an exceptional feature of Question Time, with Members unwilling to give way to one other, verged on the unseemly. It did not show the House in a good light and called for a greater degree of control than self-regulation appeared to exert.

The noble Lord, Lord Dubs, in that debate, said that,

“our procedures work pretty well on the whole. However, the one area where they do not work well is at Question Time. All I would say is that a House that approaches matters with more dignity than the Commons becomes extremely undignified when we get to Question Time or questions on Statements, and I do not like that”.—[Official Report, 8/11/11; col. 142.]

I also said that I was not alone in thinking it inappropriate that identifying speakers should be the function of the Government Chief Whip. I might interpolate here that as I came into the Chamber this afternoon as the Statement was being discussed, with umpteen people jumping up to speak simultaneously, it was not so much a matter of dignity or unseemliness; the spectacle was simply one of confusion.

In an earlier debate on the Goodlad report on 27 June 2011, the noble Lord, Lord Grocott, said that the role that was proposed to be given to the Lord Speaker was,

“not an enhanced role as such; the role currently fulfilled by the government Front Bench is being transferred to the Speaker. This does, I suppose, enhance the role of the Speaker, but it does not give any more powers—it is very important to note that”.—[Official Report, 27/6/11; col. 1573]

He concluded that, “This is long overdue”.

When the House came to consider the report of Procedure Committee—as opposed to the Goodlad report—in November 2011, there was disagreement as to who could see more of the House: the person on the Woolsack or the Government Front Bench. The noble Lord, Lord Rooker, on that occasion as well as this afternoon assured the House—from experience—that it was the person on the Woolsack. The other day I spoke to a Minister sitting on the Front Bench. He was clear that he was handicapped by comparison with the Lord Speaker in not having eyes in the back of his head.

When the House debated the Procedure Committee’s report in November 2011, the proposal to transfer the function of advising the House on which group’s turn it was to speak next was defeated by 233 to 169. I was in the Lebanon at the time and thus unable to attend the debate—otherwise, I am sure that the result would have been different.

At all events, I am sure that it is time for a review of the role of the Lord Speaker. With a new office like this, it made sense to start low key, but the position has now been in being for 10 years and the House now has confidence in it. No one should worry about its going up a gear. Those who make a fetish of self-regulation may have some qualms, but I hope that they are willing to countenance an experiment in the interests of finding out pragmatically what works best.

I hope that the noble Baroness the Leader of the House will give serious consideration to instituting a review. You never know, but we might find, as the noble Lord, Lord Grocott, says, that what seems like a revolutionary innovation today becomes the orthodoxy of tomorrow.

Brexit: Triggering Article 50

Lord Low of Dalston Excerpts

Wednesday 29th March 2017 Lords Chamber

[Baroness Evans of Bowes Park]

My Lords, we are at the beginning of these negotiations. We said that we will devolve and expect further powers to be devolved. I cannot go into the outcomes of the negotiations but, as I said, we will look for the best deal for all parts of the UK. We will work closely with the devolved Administrations. I believe that we will come to a deal that works for all parts of the United Kingdom.

[Lord Low of Dalston (CB)]

My Lords, the Statement makes much of the Government’s desire to represent the whole nation in their negotiating strategy. However, would the noble Baroness the Leader of the House not agree that although many things could be said about the Government’s Brexit strategy, the one thing that cannot be said is that it reflects the concerns of the whole nation? It certainly does not reflect the concerns of the 48%. It does not even reflect the concerns of the 52% now that the Secretary of State for Exiting the European Union has conceded that immigration cannot be expected to reduce consistently once we exit the EU.

House of Lords: Size

Lord Low of Dalston Excerpts

Monday 5th December 2016 Lords Chamber

[Lord Low of Dalston (CB)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Rooker, even if it means that my own humble efforts are likely to be put in the shade. I begin by declaring my interests as a member of the House of Lords Appointments Commission, but I make it clear that anything I say today is said in a purely personal capacity.

The size of the House should certainly be reduced. There are three reasons for this. The first has to do with the character of its membership and its relationship to the House of Commons. Its membership is open-ended, uncontrolled and spiralling out of control. From 666 Members in 1999, membership rose by about 50 in the 11 years to 2010. Since then, it has grown by approximately 150 more to more than 800. It is one-third bigger than the Commons and will be more than that when the number in the Commons is reduced to 600. The UK is the only country in the world with a bicameral system where the second Chamber is larger than the first.

Secondly, the rapid rise in numbers has made the House dysfunctional. Has any noble Lord tried getting on the internet lately? The noble Baroness, Lady D’Souza, spoke of overcrowding, inefficiency and the enormous burden on both the administration and the taxpayer. In the past five years, the average daily attendance has risen from 388 to 483, an increase of 95. That is up to £28,500 a day more in allowances—which, if the House sat for only 100 days a year, would come to nearly £3 million annually.

The third reason concerns the reputation of the House. Newspaper editorials used, on balance, to be positive about the Lords, but they have become increasingly negative of late. During the 2010 to 2015 Parliament, negative editorials outnumbered positive ones by three to one. I think the House of Lords is often respected by the general public as the conscience of the nation for the way it holds the Government to account and mitigates the worst features of legislation. But this good work is increasingly being obscured by stories about excessive appointments, anachronism, cronyism and sleaze. On account of all the good work the House does, I have heard people say that such unfavourable comment is just perception inflamed by our detractors which bears no relation to reality and that we do not need to worry too much about it. But such perceptions from influential quarters, especially if they come to predominate, can easily influence wider perceptions of reality, and the growing size of the House can come to pose a serious threat to its reputation and hence to its effectiveness, as the noble Lord, Lord Jay, has said.

I am therefore certainly in favour of the first part of the Motion, that the size of the House should be reduced—I would think by about 250 to something like 550 or 600, so that it is no larger than the House of Commons, even if that body’s numbers are reduced to 600 with the boundary changes. I do not think that this debate can get to the bottom of the question of how, precisely, that is to be achieved. For that, I think we need the Select Committee that so many noble Lords have spoken in favour of—a Select Committee that can go in detail into all the pros and cons of the various methods that have been suggested, such as fixed terms, a retirement age, a minimum attendance requirement, elections in groups, and so on.

The much-respected authority on the House of Lords, Professor Meg Russell of the Constitution Unit at University College London, in a recent blog post, has outlined four key elements which need to be part of any package of measures if it is to succeed. The first is an initial cull to effect the required reduction, using age limits, attendance requirements or elections as deemed appropriate. The second is a cap on the size of the House at somewhere round about the number reached as a result of the cull. That is essential if the initial cull is not to unravel as a result of the Prime Minister’s use of their unfettered power to make new appointments. As Professor Russell wrote in an earlier blog covering her 2015 report, Enough is Enough:

“Because each Prime Minister appoints more of their own, each change in government results in tit-for-tat action by the new Prime Minister to catch up. This has a continuous upward ratchet effect on the size of the chamber”.

Thirdly, and following directly from that, there needs to be a restriction on the number of new appointments that can be made. The Prime Minister would only be able to appoint to fill vacancies. This is the system that prevails in relation to the Canadian Senate. Finally, it will be necessary to have some fair principles covering the sharing out of new appointments between the groups.

We have no time to lose. I said over a year ago that publicity hostile to the Lords had reached a tipping point. It is important that we are seen to be proactive in addressing this question of numbers. We need the Select Committee and we need it soon, with a specified date by which to report.

Disabled Children: Tax Credit

Lord Low of Dalston Excerpts

Wednesday 30th November 2016 Lords Chamber

Asked by

[Lord Low of Dalston]

To ask Her Majesty’s Government what plans they have to compensate families looking after disabled children who lost the opportunity to claim the higher rate of tax credit between 2011 and 2014 due to an administrative error.

[Lord Young of Cookham (Con)]

My Lords, claimants were able to claim the higher rate of tax credits and many did so at the time. Although it is the claimant’s responsibility to inform HMRC of their eligibility, HMRC’s back-up practice was to take information from DWP to update awards automatically. Last week, we announced that HMRC would issue lump-sum payments to families affected by a breakdown in this back-up to cover what they would have received from 6 April 2016 and ensure that they get their entitlement in future.

[Lord Low of Dalston (CB)]

My Lords, I thank the Minister for that reply, but I am sure he would agree that we are dealing here with a major injustice: some 28,000 low-income families with disabled children have lost up to £4,400 a year for five years, all because, between 2011 and 2014, the DWP omitted the box from the relevant form for people to indicate whether or not they received tax credits. As the law currently stands, as the Minister has said, the onus is on the claimant to claim what they are entitled to. However, the system of tax credits is extremely complicated for anyone to understand. Does the Minister agree that the law should be changed to place the onus on the Revenue to pay claimants what they are entitled to, so long as they provide the right information about their circumstances? Will he give serious consideration to this?

[Lord Young of Cookham]

I am grateful to the noble Lord for that suggestion. HMRC will be contacting the 28,000 families directly, automatically adjusting their award and by the end of January making a lump-sum payment backdated to April 2016. I am sure his suggestion of a future change to the law will be looked at sympathetically in order to try to streamline the system and to avoid the problems that he has identified in his Question.