Housing Delivery Test

Lord Shipley Excerpts

Tuesday 13th October 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, my noble friend is right to point to the importance of modern methods of construction, whether they be non-volumetric modular housing, volumetric modular housing or design for manufacturing and assembly. We need to learn from the Victorian era, when they used pattern books and a systematic approach; these will help in these difficult times.

[Lord Shipley (LD) [V]]

My Lords, I remind the House of my interests as set out in the register. Over 100 local planning authorities did not meet their targets in 2019, so is the Minister confident that the targets are accurately set?

[Lord Greenhalgh (Con)]

My Lords, the housing delivery target is based primarily on the housing needs assessment in the local plan. Where the plan is over five years old, we look at the housing needs formula. Only eight councils are below the 45% delivery rate, where a presumption of sustainable development is enforced.

Fire Safety Bill

Lord Shipley Excerpts

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

[Lord Shipley (LD) [V]]

My Lords, it is always a pleasure to follow the noble Lord, Lord Whitty. He said that we needed to see the totality of what the Government are proposing, and also to listen to residents. In both respects, I entirely agree with him. I should declare that I am a vice-president of the Local Government Association. May I also add my congratulations to the noble Lord, Lord Herbert of South Downs, on his excellent maiden speech? We look forward to hearing more of his contributions in the months ahead.

I support this Bill. It brings extra clarity to defining who is responsible for managing the reduction of fire risk for residential buildings in multi-occupation. The proposed clarification of the scope of the 2005 fire safety order is to be welcomed, as it will clearly include building structures, external walls and common areas. I strongly welcome, too, the wish to address problems caused by less resistant entrance doors on some residents’ flats. The proposals in the Bill are measured and proportionate, and while we may wish to examine in Committee issues debated in the House of Commons that were not progressed, it is my view that the Bill should pass.

My noble friend Lord Stunell raised a number of important issues, particularly in relation to the rights of tenants and occupiers of flats in high-rise blocks to be listened to. The noble Lord, Lord Whitty, made the same point a moment ago. My noble friend also talked about the financial burden faced by many leaseholders through no fault of their own.

As my noble friend also said, this Bill has to be seen in the context of the forthcoming building safety Bill. And may I say that I think it will prove beneficial to have placed that draft Bill into pre-legislative scrutiny? These two Bills are related. Both seek to address systemic deficiencies identified after the appalling Grenfell Tower fire, and to prevent such a tragic ever happening again.

The revelations that we have heard from the inquiry hearings are worrying. They have shown that cost cutting has been too dominant a consideration in building construction of high-rise blocks, and that there have been major failures in the testing of materials and in the enforcement of fire regulations. This Bill is a start in addressing that deficiency. In all respects, public safety and the minimisation of risk must come first.

So the aims of the Bill are very important. But is the Minister confident about delivery? Once this Bill and the building safety Bill are in place, will local government and the fire services have sufficient powers to make this Bill effective? Has there been confirmation of this from organisations affected? I am concerned about, for example, entrance doors in tower blocks. How will responsible persons have enough power to ensure that individual flats owned by leaseholders have adequate fire safety protections, given that their doors join common areas?

Responsible persons are rightly required to review their fire risk assessments, and in buildings with no cladding there is likely to be sufficient professional capacity to assist in undertaking those reviews. But how are responsible persons to get the expert resource necessary to update the fire risk assessments of all buildings that do have external wall cladding systems? Are there enough qualified people to do the job? If not, what are the plans to increase training and, following that, numbers of staff?

I hope that the building safety Bill will be properly integrated with the amended fire safety order, to establish a building safety system that is easy to understand and easy to implement. Doubt about responsibilities must be avoided. For example, it has been suggested that there are differences between the fire safety order’s concept of a responsible person and the proposals for an accountable person and a building safety manager contained in the Government’s response to the Building a Safer Future consultation response. Will the Minister confirm that such differences in interpretation will be avoided, and that clarity will be paramount in the Bill and in regulations?

Since the Grenfell fire, the Government have allocated money to alleviate some of the critical problems related to ACM and other cladding, and they created a building safety fund worth £1 billion in June this year. Despite this, overall spending is low and there is confusion over entitlements. In addition, many owners of flats can face a lengthy wait to sell properties, because surveyors need to get evidence required by mortgage lenders on the construction of their flats, on whether there is external cladding, and on whether there is an external wall survey—which often may not exist.

The situation is not helped by the sheer amount of work to be done, and by the complexity of the responsibility chain, with so many different organisations and tenures involved across the public, voluntary and private sectors. I hope that the Minister understands the urgency of resolving this problem.

I have one final point, which my noble friend Lord Stunell also talked about. I have raised before the issue of whether there should be a public register of fire risk assessments. There is a very strong case for having one, and I raise the issue again, in the hope that the Minister might take a further look at it.

Devolution: England

Lord Shipley Excerpts

Tuesday 28th July 2020 Lords Chamber

Asked by

[Lord Shipley]

To ask Her Majesty’s Government what plans they have for the further devolution of power and decision-making in England.

[Lord Shipley (LD) [V]]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I remind the House that I am a vice-president of the Local Government Association.

[The Minister of State, Home Office and Ministry of Housing, Communities and Local Government (Lord Greenhalgh) (Con)]

We intend to publish the local recovery devolution White Paper in the autumn. This will set out our plans for expanding devolution across England, building on the success of our directly elected combined authority mayors. Our plans will involve introducing more elected mayors and giving them and existing mayors the powers that they need to lead economic recovery and long-term growth.

[Lord Shipley [V]]

My Lords, I thank the Minister for his reply. Does he agree that one major lesson of the Covid-19 pandemic is that centralised control of England has not worked well? Will he now confirm that the Government are not planning to impose a top-down reorganisation of local government across England but will consult on a system of devolution based on evidence, consent and democratic accountability for local communities and that this will not be a compulsory, standardised and centralised model?

[Lord Greenhalgh]

My Lords, there is no doubt that we share the same ambition to see further decentralisation and devolution over time. This is very much a process. I would not want to pre-empt the White Paper, but we have made a commitment to directly elected mayors as the point of accountability to lead economic recovery.

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

Lord Shipley Excerpts

Friday 24th July 2020 Lords Chamber

[Lord Shipley (LD) [V]]

My Lords, I remind the House of my registered interests. The Minister reminded us in opening that it has taken a while, some five years, to reach this stage. Indeed, it is rare for us to be in the position of agreeing an order such as this two years after the election of the mayor. At least the order has the benefit of having been much debated. I hope that the advantages of devolving powers from Whitehall to South Yorkshire in the areas of spatial planning, education and skills, transport, and housing and regeneration will now be grasped, and that South Yorkshire will work with the wider area—and right across Yorkshire—to make the most of them.

The last few months have shown that England, with a population of 56 million people, cannot be run out of Whitehall and that maximising local responsibility and control over policy-making and decisions has become essential. Many things will have to change as a result of the coronavirus pandemic. I hope that the White Paper, assuming that it is published in the autumn, will reflect that.

From our Benches, we have been reminded by my noble friend Lord Greaves that the White Paper may seek to restructure local government. I hope that our fears in this respect prove unjustified. It would mean a huge wasted effort, with everyone worrying about reorganisation when councils have to rebuild their economies as their absolute priority. They need to be focused on that, not on an ill-timed reorganisation.

My noble friend Lord Shutt said that this was a sad day because it prevents a One Yorkshire approach. Indeed, that is part of the debate that has happened over the last five years, and which will, in the medium to longer term, prove extremely helpful—I will come back to that at the end of my remarks.

My noble friend Lady Bakewell of Hardington Mandeville raised important issues regarding local democracy, the role of district councils and the role of the whole combined authority mayoral structure. I hope that the Minister will be able to respond to that.

My noble friend Lord Goddard emphasised the benefits of combined authorities, particularly in the health and social care sphere. However, he raised justified concerns about the nature and powers of mayors, which I hope the Minister will reflect on, particularly in regard to a White Paper, if it emerges.

My noble friend Lord Hussain talked about the need for greater powers and resources to be unlocked as quickly as possible as a consequence of the coronavirus pandemic. I agree entirely with what he said.

Mention has been made of money and the £30 million per year. It is not in fact a large sum of money, albeit it will last for some 30 years, and it will be transferred from other budget heads and so is not really new money at all. However, I hope that the White Paper, should it emerge in the autumn, will address the issue of devolving far more than is currently being devolved, and then devolving the resources to go with that.

However, there is a worrying context to this: the overall financing of local government. There is a crisis in business rates—currently there is a holiday, but it is not clear what the funding structure will be from next April. The Minister will have to address how local authorities will be financed.

Issues have been raised around democracy, as there was no referendum to establish a structure—I have to say that that is not unique in South Yorkshire. When there is a further review of the powers of combined authority mayors, there will be an examination of what has happened in other combined authorities regarding scrutiny and appointments to posts—in other words, how all of these have actually worked. Everything has been done entirely in accordance with the law, but has everything worked as it should?

In that context, the Home Secretary announced this week that she is reviewing the role of police and crime commissioners. Given the closeness of police and crime commissioners to mayors, it would be helpful for any White Paper to reflect that.

In conclusion, the White Paper needs to look at the power of combined authorities to raise their own taxation. We need to look too at scrutiny and how the combined authorities have come and gone. I have noted the comments of a number of speakers, and in particular the noble Lord, Lord Blunkett, who talked of this being the beginning of a new era and of the need to build incrementally, and other speakers have reflected that. That is true. I bear the scars of the north-east referendum on devolution for a regional assembly, which was badly lost. There has to be an ongoing debate on devolution. As the noble Lord, Lord Mann, said: do not throw away the good that is already there. I concur with that and I think that a One Yorkshire solution, which I support, can be delivered if the debate takes place on the more secure foundations of the devolved structures that we now have.

Business and Planning Bill

Lord Shipley Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Shipley (LD) [V]]

My Lords, my name is attached to Amendments 52, 54 and 79. The noble Baroness, Lady McIntosh of Pickering, has made an excellent case for Amendment 52. I also fully support the amendment in the name of the noble Lord, Lord Randall of Uxbridge. These amendments are all broadly similar. It is important that no applications are permitted for changes to existing conditions if they are there to reduce, remove or limit environmental impacts. Existing conditions are in place as a consequence of detailed planning consideration at an earlier date. Such restrictions, agreed or imposed then, should not be affected by this legislation and I seek the Minister’s confirmation that my fears that they could be are completely unfounded. Amendments 52 and 56 would solve the problem and I hope that the Minister feels able to accept them.

Amendment 54, in my name and that of my noble friend Lady Pinnock, is about fees charged by local authorities. It proposes a fee for extended construction hours, up to a maximum of £195, which is a reasonable figure to write into the Bill. The principle is that councils should be able to recover their costs. It does not need to be about profit, but it must ensure that the direct costs of processing, assessing and agreeing an application are achieved. Neither does it need to be about full cost recovery, if that includes councils’ general overheads. The principle of recovery of direct costs for an application is a reasonable conclusion to reach.

Amendment 79, proposed by the noble Baroness, Lady McIntosh, would ensure that any further regulations made by the Secretary of State would require scrutiny through the affirmative procedure. That is the right approach and I fully support it.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his announcement of the concession that the Government will bring forward an amendment to address the issues which I raised on Amendment 73. We had a very productive meeting with the noble Baroness, Lady Penn, and the noble Earl, Lord Howe. We made some points, the Government listened and I am very grateful.

--- Later in debate ---

[Lord Shipley [V]]

My Lords, I support the noble Lord, Lord Kennedy of Southwark. I spoke about this issue at Second Reading and said that there was a need for quarterly reviews of the practical operation of this legislation, with scope for amending it if there were unforeseen or unintended consequences. The Minister said that he did not wish to “compromise the stability” that the Government sought and wanted to avoid “an unpredictable cliff edge” for those implementing the legislation who might find it difficult if the law changed constantly.

I understand that perspective. Of course, the solution is to proof this legislation properly: first, against mistakes, and secondly, by providing a means of putting right any unforeseen consequences of the Bill. I venture to suggest that there will be some unintended consequences; the question is how they will be put right. How will mistakes be corrected during the operation of this Bill, and would not the simplest means be to do what the noble Lord, Lord Kennedy of Southwark, suggests?

[The Deputy Chairman of Committees]

We do not seem to have the noble Baroness, Lady Uddin, so I call the noble Baroness, Lady Pinnock.

Business and Planning Bill

Lord Shipley Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

Secondly, mention has been made of empty premises. Very good—but can the Minister confirm that, if tables are put outside empty premises, it must be with the agreement of the owner of the empty premises? In other words, just because a shop is empty does not mean that the shop next door that happens to be selling alcohol or food can therefore just put tables outside it. Will the Minister accept that, if they are to be put outside an empty premises, the application has to be accompanied by an agreement from the owner or lessee of the premises to have the tables put outside? I look forward to the Minister’s reply.

[Lord Shipley (LD) [V]]

My Lords, I remind the House that I am a vice-president of the Local Government Association. My name is attached to Amendment 25. The noble Lord, Lord Holmes of Richmond, reminded us of the importance and the meaning of the words “guidance”, “may” and “consider”, while my noble friend Lady Thomas of Winchester reminded us that guidance can be unenforceable and that we need something much more explicit when we reach Report. I agree with them both.

The issue is the safety of pedestrians in two respects: the physical safety of pedestrians to prevent them risking an accident to themselves and the safety of pedestrians against the potential transmission of coronavirus by enabling two pedestrians to pass each other at least one metre distant. So will the Government review the Bill before Report to ensure that the powers really exist for local authorities to maintain public safety on pavements?

[Lord Sheikh [V]]

My Lords, I support Amendment 25 relating to the two requirements that have been stated. I reiterate what I said when I spoke on Amendment 11: I support the Bill, which will trigger the revitalisation of our businesses and help the well-being of the people. However, it is necessary for us to implement the changes with caution. My concern is safety of passage and accessibility by blind and disabled persons. In addition, of course, all pedestrians must be able to pass without hindrance where there is a gathering of customers outside a restaurant or pub.

Blind persons have felt less independent since the lockdown rules were implemented and, if there is an increase in street furniture, blind and partially sighted people may be forced to walk in the road, change their route, avoid travelling independently or even stay at home. Street furniture will present additional challenges and should be marked off with an accessible barrier. The idea of marking off the areas will ensure accessibility. Furthermore, if the appropriate distances are maintained, it will help pedestrians to walk without difficulty and prevent the spread of the virus. Adequate spacing will also enable disabled persons to go through without much difficulty.

As a Muslim, my other concern is the passage of Muslim ladies who may be subjected to harassment, particularly if they are wearing a hijab, niqab or burka. Most hate-crime incidents happen in the street and if the accessibility and passage of these ladies are blocked or hindered in any way, my concern is that they may be picked on by customers, especially if they have had a lot to drink. I have been informed by Fiyaz Mughal and Iman Atta of Tell MAMA that, since the lockdown was eased, there has been a spike in the number of cases where Muslim women have been abused and spat at in the street. In fact, I have been told by Tell MAMA that there has been a threefold increase in hate crimes against Muslims, and some of the incidents are unfortunately nasty and aggressive. I hope that the Minister will agree to Amendment 25.

--- Later in debate ---

[Lord Blunkett (Lab)]

My Lords, I touched on this very briefly in the limited time available at Second Reading, so I will not keep the House long tonight, but I will try to put this into some sort of perspective. I cannot for the life of me see what this has to do with recovery and regeneration. I do not get at all what this proposal is supposed to achieve. I get what it will do. I understand entirely, as all those who spoke this evening and at Second Reading did, that whatever the cut-off time for every outlet to be an off-licence—I welcome the proposal of restricting it to 11 pm—the drinking will continue afterwards with drink that has been purchased and therefore is to be consumed. No one should get the idea that this will be fine after 11 pm, because it will not be. That is why, if I was in favour of the measure at all, I would err on the side of the noble Lord, Lord Cormack.

I rest my principal case on the speech made by the noble Lord, Lord Paddick, at the beginning of this brief debate. Frankly, until the December general election the police did not at all have the capacity to deal with this. They are still trying to recruit. Local authorities’ environmental health functions have been totally decimated over the past 10 years because of the deep cuts and austerity measures, which local authorities have suffered from most. But there is also the absurdity of not leaving this to local discretion, where people know exactly what would and would not work, even if this measure had any justification in terms of deregulation on the grounds of stimulus and recovery.

Are we really saying that, to provide local stimulus and recovery and to help those in the sector who have been devastated, people should have the ability to buy from any licensed outlet, treat it as an off-licence and go on drinking? I am the first to enjoy a drink, but I know from bitter experience, including having been a local authority leader for seven years, just what devastation this can cause. It is not possible for it to be policed, in the widest sense, and age authentication will be more difficult.

However, I rest my case on a very simple fact. When we are faced, as we are now, with withdrawing from the third-largest trading bloc in the world, about to accelerate a trade and economic war against the second-largest trading bloc in the world, and at the mercy, for the time being, of the President of the United States and his attitudes as the leading trade bloc in the world, is deregulating off-licence drinking late into the night anything whatever to do with the recovery of our economy?

[Lord Shipley [V]]

My Lords, I want to speak to Amendment 45. I referred to the same issues raised by this amendment on the late night levy at Second Reading. On 8 June, I noticed an article in my local newspaper, the Journal, headed: “Campaigners Say Levy Should Be Cut To Save Pubs”. It said that fee levels, having been set by the Government, could be changed only by the Government and that the council was having to seek their permission. It was pointed out by CAMRA, the Campaign for Real Ale, that even though pubs registered to trade after midnight in Newcastle had been closed for 10 weeks, they were still being charged the late-night levy. The council claimed it had no power to change that situation but had asked the Government for additional powers to reduce or waive the fees. In Newcastle, some 240 premises pay the levy, which helps to fund extra policing, street cleaning, taxi marshals and the Street Pastors; I should declare that I am patron of Newcastle Street Pastors. There needs to be local flexibility. I hope that the Minister will look very carefully at this issue and recognise that fee-setting should be a devolved area of policy.

I suspect the problem may have arisen unintentionally at the time that the Bill was passed. This is not about the level of alcohol consumption, nor about how alcohol is served. It is about a charge being levied for a service that is not being provided. Maybe there has been some movement on this matter between government and local authorities. There are three principles at stake: we need clarity on the level of fees levied when pubs are required to close, and the rules for remission of those fees ought to be clear to them; we need clarity on the powers that local authorities have, and will have, on this levy; and we need a full review of licensing legislation to re-examine which powers should be held centrally and which locally. I hope very much that the Minister will understand this problem and will agree with my suggestions.

[Lord Balfe [V]]

My Lords, I welcomed the Minister’s statement at the beginning. I am glad that she made it then; it has saved a lot of argument, has it not? I have two major points. The first follows up on the point made by the noble Baroness, Lady Stowell. In Cambridge, where I live and from where I cite things, the local authority has multiple problems with alcohol. One of the ways it has tackled this is that there has been a tendency in the case of stores near the centre of town—in other words, those situated on the way in to the clubs where drinking takes place—to say that they can sell alcohol on an off-licence basis only until 10 rather than 11 pm. Although the store can stay open until 11 pm, the alcohol licence permits it to sell only until 10. Can the Minister tell us whether this power will remain with a local authority so that, in certain areas and in certain circumstances, the alcohol licence has to cease before 11 pm, with the decision made obviously on a case-by-case basis?

My second point is in support of the amendments about open containers and beer glasses, which really are—or can be—pretty lethal weapons. I hope that the Minister will agree either to accept the principles of these amendments or to bring forward a government amendment. The potential for open containers or beer glasses to cause damage is, I am afraid, quite considerable; there is a very strong case for saying that closed containers should be used for the sale of alcohol. I invite the Minister to say either that she will accept an amendment at the next stage, or that the Government will bring forward an amendment to cover these points.

Covid-19: Local Government Finance

Lord Shipley Excerpts

Monday 29th June 2020 Lords Chamber

[Lord Greenhalgh]

We need to recognise that monthly reports are now provided to the ministry by all local authorities so we can keep track of expenditure. Broadly speaking, the first two tranches, totalling some £3.2 billion, are in line with—or approximately the same as—the money spent to address demand pressures related to Covid-19. In addition, a number of other steps have been taken to deal with cash-flow emergencies and other pressures. As I said in response to the previous question, the definitive financial plan will be made but we will continue to keep close contact with councils.

[Lord Shipley (LD) [V]]

Will the Minister confirm that the Government will not try to push a greater financial burden on to council tax payers to meet the current funding gap, which should be met nationally?

[Lord Greenhalgh]

As we have said, our focus is on covering both the demand pressures and the income deficit and on providing the comprehensive package that will ensure that council tax payers do not face that unnecessary burden.

Housing for the Homeless

Lord Shipley Excerpts

Thursday 14th May 2020 Lords Chamber

[Lord Shipley (LD)]

My Lords, I will raise three issues in relation to the use of hotels. First, how will the Government support people with no recourse to public funds, who will become homeless after the pandemic if they continue not to have access to those funds? Secondly, will the Government work with those councils managing the challenges created by other councils which place vulnerable people, without support, in hotels outside their areas? Thirdly, do the Government recognise the need to fund specialist homeless services as a means of reducing problems seen with the general use of hotels?

Many people who sleep rough have complex needs and experience multiple exclusion. Thankfully, in my city of Newcastle-upon-Tyne the number of people sleeping rough has fallen dramatically since the end of March, with safe accommodation being provided. I pay tribute to all those who have helped to achieve this, but some people cannot be accommodated in the long term under existing legislation. They urgently need help to stay off the streets.

Industrial and Mining Towns

Lord Shipley Excerpts

Thursday 13th February 2020 Lords Chamber

[Viscount Younger of Leckie]

The noble Lord makes a good point to the extent that we are focusing in. It takes us back to the Question raised by the noble Lord, Lord Greaves, on coalfields, regeneration and steelworks. The Government have provided funding to the Coalfields Regeneration Trust—the CRT—which seeks to support former mining communities in England; in the last seven years, we have provided £22 million. On the steelworks, he will know that much funding has gone into the Redcar steelworks, to the tune of £46 million.

[Lord Shipley (LD)]

My Lords, Governments cannot do everything, but if the Government are to re-engineer their criteria for investing in infrastructure to support the older industrial areas, might they encourage the private sector to do the same? The private sector has social obligations to places, as well as financial obligations to shareholders.

[Viscount Younger of Leckie]

Absolutely—that will definitely be looked at. I make the point that, as the noble Lord will know, we are publishing a White Paper and setting out our strategy to unleash the potential of our regions. This will look at further devolution across England and levelling up powers, and will also include liaising and engaging with local businesses and getting their buy-in to what we plan to do.