(6 years, 9 months ago)
Lords ChamberMy Lords, the test system is not in chaos. I made it quite clear that the Celotex issue does not have a bearing on the advice that we have given in relation to the Grenfell testing. The system tests were designed in line with the British Standard and were scrutinised and witnessed by independent observers. This is a discrepancy between what Celotex thought it had submitted and what was actually tested; it was not a reflection on the testing itself. Meanwhile, officials are working with the manufacturer on what has happened, and we will look to learn lessons from this. I will write to noble Lords to give more details of that as they become apparent, but I want to underline that this is no reflection at all on the testing system, or on what has happened in relation to Grenfell.
My Lords, like the noble Lord, Lord Kennedy, I remind the House that I am a vice-president of the Local Government Association.
There are 10 points in the Government’s response. Paragraph 2 says that the Building Research Establishment was contacted by Celotex last week. However, the reply does not say why this problem occurred in the first place. Why was the testing inadequate?
With regard to paragraph 5, the Minister has made clear that this was not a test of the aluminium composite material cladding system that was understood to have been present at Grenfell Tower. However, weekend media reports said that Celotex RS5000 insulation was on Grenfell Tower. Was that the case?
Thirdly, on paragraph 8, the Minister says that the advice currently given to owners of high-rise blocks and public buildings still stands, but I suggest to him that it is not enough. As of 10 January 2018, there are 312 residential buildings over 18 metres high in England, and public buildings are part of that total. All those have aluminium composite material cladding but, of the 312, 299 have aluminium composite material cladding that the MHCLG’s expert panel advises is unlikely to meet current building regulations guidance, and therefore presents fire hazards on buildings higher than 18 metres.
Does the Minister feel that that situation is acceptable, and does he understand the frustration of building owners that the Government are not being sufficiently clear on fire safety measures that are essential, nor on exactly where the finance for essential works will come from?
My Lords, the noble Lord raises various material points which I shall try to deal with. First, I restate that nothing in the system of testing done in relation to Grenfell is faulty. The Grenfell testing is not in question from the Celotex test.
The noble Lord raises an issue about the 299 tests that failed. He is absolutely right about that figure; it is the ministry figure. These are failed tests following the Grenfell fire in June last year, and we are in the process of ensuring that all are remedied. Some are on local authority buildings, some are public buildings, some are student residences, some of them are in private hands, but on all of them either interim measures have been taken or the process has been completed. That process was put in place post Grenfell and, as I said, there is no question but that appropriate action is now being taken in relation to those 299 failures of the 312 tests undertaken.
(6 years, 10 months ago)
Lords ChamberMy Lords, I rise to move Amendment 1 and speak to Amendment 3, in my name and those of a number of other noble Lords.
The purpose of the two amendments combined is to ensure that the welcome protection this Bill provides to survivors of domestic abuse who give up a secure tenancy covers those who remain in their home and who are granted a new sole tenancy in place of an existing joint tenancy. I am not a lawyer or a housing expert, but I am fortunate in that my good friend Andrew Arden QC is both, and I am grateful to him and his colleague Justin Bates for their help with this amendment.
The amendment addresses a lacuna in the Bill identified by a number of noble Lords at Second Reading. The Minister responded positively with the undertaking to meet to see whether we could find a way forward. True to his word, we met the next day. However, unlike the Minister, the wheels of government move rather slowly and so, while I am confident that we will find a way forward, in the meantime it falls to me to suggest what that way forward might look like.
Before I restate the case, I will say a word again about terminology. First, as some of us noted at Second Reading, while it is true that men as well as women can suffer domestic abuse, women are the main victims, especially of the most serious and sustained forms of abuse; it is thus women who are most likely to have to give up a tenancy because of it. Women’s Aid reminds us of the importance of retaining a gendered understanding of domestic abuse in its various forms. I would like to thank Women’s Aid for all its support on the Bill and pay tribute to its work on behalf of victims of domestic abuse.
Secondly, as the noble Baroness, Lady Hamwee, rightly observed at Second Reading, the language of victims gives a false impression of,
“passivity in the face of ill treatment”.—[Official Report, 9/1/18; col.139.]
Yes, we are talking about victims of domestic abuse, but these victims are also survivors with agency.
We tend to talk about women fleeing domestic abuse because that is the most common scenario, as a woman escapes a harmful and dangerous situation and tries to find a place of safety, often in a refuge and often in another local authority area—the subject of the next amendments. But there are cases where the perpetrator is removed by the local authority or the police. Indeed, I heard of just such a case last week where the police had removed the perpetrator. Interestingly, it would appear to be government policy to encourage this where it is safe for the woman to remain in the home and she does not want to leave it. This is partly to avoid the upheaval involved in moving home, and—even under the old legislation—a desire not to lose the security of an existing secure tenancy.
Women’s Aid quotes a key worker from Solace Women’s Aid who told researchers that many of the women with whom she worked were reluctant to leave a secure tenancy and that some would take massive risks rather than give it up. Where children are involved, we should not underestimate the impact of frequent moves on them, their schooling, their friendships and their general sense of security and belonging. The policy to encourage removal of the perpetrator, where safe to do so, is also motivated by a desire to prevent him from benefiting from the abuse by driving his partner from the home, as spelled out in the recent consultation document, Improving Access to Social Housing for Victims of Domestic Abuse. This concern was raised by my noble friend Lord Campbell-Savours at Second Reading, when he talked about possible “unintended consequences” where a perpetrator might remain in the home. I suspect it is a situation that might become more common, even if we are talking at present about a very small minority—and even if it is a small minority, minorities matter.
Where it is the perpetrator who leaves the home and there is a joint tenancy, I am advised that it is usual practice for a new sole tenancy to be granted in the name of the survivor. As I pointed out at Second Reading, this make sense, because otherwise the perpetrator could give notice to quit and terminate the joint tenancy at some future date, thereby depriving his victim of both her rights and any real sense of security. And what if she dies? This would enable the perpetrator to move back in and continue as an old-style secure tenant, which would make a mockery of this law.
It was clear at Second Reading that this would be a totally uncontroversial amendment, which would have the support of all parts of your Lordships’ House. I hope, therefore, that the Minister—who has throughout been most supportive on the issue—will be able to give the House an assurance that he will be able to bring forward his own amendment on Report. I beg to move.
My Lords, I remind the House that I am a vice-president of the Local Government Association. I reiterate our strong support for the Bill from these Benches, in the expectation that the Government will be willing either to accept these amendments or to bring forward their own on Report. The noble Baroness, Lady Lister of Burtersett, referred to these amendments representing a solution to a lacuna in the Bill. I think that she is entirely right and I support all the points that she has made. Put simply, this has raised the very important issue of what a secure tenancy is. Now we will be in a position—assuming the Government do come back on Report with their own amendment—to ensure the right of victims to stay in their existing home, in the case of a joint tenancy, in addition to being able to move home, which is provided for in the Bill. So I declare our support for both Amendments 1 and 3.
My Lords, as this is my first contribution in Committee, I draw the House’s attention to my registered interests, namely as a councillor in the London Borough of Lewisham and as a vice-president of the Local Government Association. My noble friend Lady Lister moved Amendment 1 in great detail. I fully support that amendment and the intention behind it—as I do Amendment 3.
This issue was, as we heard, raised by my noble friend at Second Reading and deals with the situation where a victim of domestic violence has a joint tenancy with the perpetrator but wants to remain in the property and wants some security and to avoid upheaval. They need to be granted a new secure sole tenancy, rather than the joint tenancy that they have at that time. My noble friend highlighted the risk of the perpetrator remaining on the tenancy and the problem of them being able to effectively cancel that tenancy. I hope that the Minister agrees that this is an issue and will say that he will come back with an amendment on Report. I certainly fully support these amendments and the intention behind them.
My Lords, I support this amendment and I agree with the noble Lord, Lord Kennedy, that it is a probing amendment. I will ask the Minister a specific question about the obligations of housing associations. In a message on 19 January the Minister said:
“In a housing association property the tenancy standard protects social tenants who had a lifetime tenancy granted before April 2012 by requiring that they must be given a further lifetime tenancy if they move to another social rented home”.
The meaning of that is clear. However, what is the position for those granted a housing association tenancy after April 2012 who may be victims of domestic abuse? If they move to a local authority home, again, the situation is clear. But what advice will the Government give to housing associations which will not have the same obligation to give a lifetime tenancy if a tenant moves to another housing association property?
My Lords, I declare my interest as chairman of the Local Government Association and as the leader of South Holland District Council. I put on record my personal support and the wider sector’s support for the Bill. I am not aware of any council in the country that would want to resist any of the good proposals in the Bill. However, as the Minister said earlier on the previous set of amendments, and as the noble Lord opposite just raised, there is an anomaly between types of landlord. While the Government may not be able to compel registered social landlords to offer like-for-like tenancies, given that most registered social landlords use taxpayers’ money to build those homes in the first place, perhaps the Minister could find a form of words that would give some form of encouragement to anybody who is expecting to get taxpayer-funded properties of the expectation that they would voluntarily put their properties into a scheme that allowed secure tenancies for victims of domestic abuse if they should happen to flee to an area where the council is not the primary landlord.
My Lords, this amendment seeks to ensure that, after consultation, the Government issue guidance to local authorities about, first, the identification of survivors of domestic abuse entitled to a new old-style secure tenancy under the Bill, including appropriate evidence requirements, and, secondly, the training of local authority officials who will be responsible for the exercise of the duties contained in the Bill.
The amendment is tabled jointly with the noble Baroness, Lady Hamwee, who I do not think is in her place today but to whom I am grateful for her help with its drafting and for her general support on the Bill. It is tabled also with the support of my noble friend Lord Kennedy of Southwark.
Our aim in tabling it was to enable a proper, focused discussion on two issues raised at Second Reading by a number of noble Lords: evidence requirements and training. These are concerns raised by Women’s Aid, which, although giving the Bill a warm welcome, nevertheless has warned that, for its goal to be achieved, it is crucial that new guidance is issued to local authorities on these two matters.
Our focus is mainly on the question of evidence but I repeat the point that I made at Second Reading: that the poor treatment of some domestic abuse survivors by housing officers—sometimes, according to research, portraying victim-blaming attitudes—indicates that, despite what the Minister said in his helpful letter to Peers, there is still some way to go to ensure that all officials exercising such responsibilities are adequately trained. That is particularly the case given the welcome wide definition of “abuse” in the Bill, as concepts such as controlling behaviour and emotional, financial or psychological abuse are, I believe, still not widely understood. Such training for relevant professionals is, after all, required by Article 15 of the Istanbul convention.
Turning to the question of evidence, at Second Reading the Minister responded to concerns raised by pointing out that identifying survivors of domestic abuse is something that local authorities are doing already and that this legislation does not alter that. In his letter to Peers, he repeated the point and referred to the updated homelessness code of practice, which, he said, will provide extensive advice to help local authorities to handle cases that involve domestic abuse, including on what sort of corroborative evidence might be appropriate. However, unless I have missed something, as far as I can see, the draft homelessness code, on which the Government have recently consulted, simply says that housing authorities may,
“wish to seek information from friends and relatives of the applicant, social services and the police, as appropriate. In some cases, corroborative evidence of actual or threatened violence may not be available, for example, because there were no adult witnesses and/or the applicant was too frightened or ashamed to report incidents to family, friends or the police”.
I do not consider that extensive guidance, and it comes nowhere near what Women’s Aid is recommending.
Women’s Aid’s experience and research suggests considerable inconsistency in how local authorities exercise their current responsibilities towards survivors of domestic abuse. In a small number of cases in a study which tracked 404 women unable to access a refuge space in 2016-17, the housing authority did not consider domestic abuse to be a significant risk factor meriting a homelessness application. Women’s Aid cites examples of women being told to return to the perpetrator or to come back when the situation got worse. It argues persuasively that it is crucial that there is clear national guidance as to how to apply this legislation.
A key area is what constitutes appropriate evidence. In particular, Women’s Aid argues that such evidence should not be confined to that arising from interaction with the criminal justice system because most women experiencing domestic abuse do not report to the police and may have little or no contact with the criminal justice system. As I suggested at Second Reading, the revised evidence requirements for the legal aid domestic violence gateway offer one possible model, as it has been significantly widened to include evidence from health professionals, domestic abuse services and refuges. However this is not exhaustive, and in a note on evidence requirements which I have passed to officials, Women’s Aid provides a list of other possible sources of evidence which could be included in guidance, but again emphasises that these should not be presented as prescriptive or exhaustive.
The amendment also provides for there to be consultation prior to the issue of such guidance. This should go beyond the usual written consultation document seeking responses to a set of written questions. It would be useful, too, for officials to sit down with those who work with survivors of domestic abuse, such as Women’s Aid. Ideally, it might also be helpful to hear from survivors who have had experience of trying to prove they have suffered domestic abuse. Increasingly there is recognition of the value of listening to what is sometimes called “experts by experience”.
As I have said, although the Minister initially responded that he did not believe additional guidance was necessary, I welcome the fact that he has an open mind on this. In his letter he said:
“We will certainly consider whether it would be helpful to provide further guidance in the context of this Bill”.
I hope that today’s debate will persuade him of the case for doing so and that he and officials will find it helpful when considering such further guidance. I beg to move.
My noble friend Lady Hamwee has put her name to this amendment but at present she has to be elsewhere in the House.
I agree with the noble Baroness, Lady Lister of Burtersett, that this is an important amendment. It is important that the Government consult on how local authorities should collect evidence and on how their officials should be trained. The two issues are closely related.
Perhaps I may give an example of a problem that could arise if procedures are not properly understood by staff in a local authority. Consider the case of a housing association tenant in one local authority area moving to another local authority area—possibly some long distance away—and having to request rehousing by that other local authority, not by a housing association. This raises issues of the collection of evidence and an understanding of the statutory responsibility of that new local authority to give assistance. The noble Baroness, Lady Lister, has explained the issue clearly and I hope the Government are prepared to consult widely to ensure that the guidance is better than it might otherwise be. It will be crucial in assisting local authority officers to fulfil their statutory duties.
In terms of the training needed on what evidence is required, housing officers will need to understand that victims of abuse may have difficulty presenting essential evidence. The ability to listen and to obtain relevant information will be very important. For that reason, I have been thinking about how the training might be organised. I would suggest that local authorities should not try to do it all by themselves. Given that there are many local housing authorities in England, would it not be better if they were brought together to organise training in this area across boundaries? There are two benefits in that. It would lead to better and more professional training, and it would enable staff from different councils to meet each other, as well as enabling the staff of local authorities and housing associations to do so. That informal communication will help in a case that is particularly difficult or complex.
My Lords, I support the amendment and would have put my name to it had I known about it. The noble Baroness has made a very strong case. I will not go into a riff about the bedroom tax and keep noble Lords here for the rest of the night—my noble friend Lady Sherlock and I could do a duet on it. The point is that we could undermine the very good intentions of legislation such as this if women are afraid that they are going to be hit by the bedroom tax if either the perpetrator leaves or they leave. This points to the importance of looking at this across departments and doing something about it. Even if something cannot be done now, can it be taken back and put into the pot of thinking about domestic violence strategy?
My Lords, I support my noble friend Lady Burt’s amendment. She has made a very strong case and it is an extremely important issue on which guidance, at the very least, will be needed. I think there is a preferable option, which is to put it on the face of the Bill. Whichever approach the Government adopt, I understand there have been suggestions that the Government accept the aim of this policy. I very much hope that they will, but can the Minister confirm that the Government understand the importance, for a limited number of individuals—that is what it will turn out to be—of the Government taking action on this point? It is very important for them.
My Lords, the noble Baroness, Lady Burt of Solihull, moved Amendment 5, on which she makes a very powerful case. The Government need to address this issue. As noble Lords have heard, it would be totally unfair for a victim to be penalised by the bedroom tax due to either the perpetrator having left the property they live in now or the victim having moved somewhere else and finding themselves with one bedroom over the threshold for the tax. That needs to be looked at. It would be wrong if people ended up with additional costs because they are the victim of a crime. As the noble Baroness said, this issue affects very few people, and the Government should address it. I hope the noble Lord will look at it or come back to it on Report.
My Lords, I rise to support the noble Lord, Lord Kennedy. It seems a sensible and reasonable way to proceed. It seems inherently wrong that a woman who has been abused and subjected to domestic violence, who may be financially distressed because she has no money, and who finds it very difficult, has to pay a professional or any other organisation to say that she has been abused. I support this amendment and hope that my noble friend will look at it in a favourable light. If he cannot agree to this wording, perhaps there can be other wording on Report.
I add the support of these Benches for this amendment. This seems to us an extremely important issue. Charging in these circumstances would be unacceptable to us. I hope that on Report, or through regulations, the Minister will say something about how the problems that would be caused by charging can be prevented.
My Lords, this amendment in my name, and that of the noble Lord, Lord Shipley, would place a requirement on local authorities to report annually to the Secretary of State the number of old-style secure tenancies granted under the Bill. This would be useful information for the Government to collect. It would not be a great burden for local authorities, which already have to provide the department with a wide variety of information on a regular basis. It would be useful if we got to see how many tenancies were being granted, which would provide a better picture of this dreadful crime and the action being taken by local authorities in keeping people safe. I look forward to the Minister’s response. I beg to move.
My Lords, this is an important amendment. It scratches the surface of a number of issues that might actually be reported annually. I hope the Government will look carefully at what information they are going to get. I would like to see how many tenants of housing associations who transfer to a local authority—either the local authority where they have been living or another one—are rehoused with a secure tenancy. I am sure the Minister and his officials will come up with a long list of what local authorities should report on, but it is important to get this right because otherwise we may not know whether the training is being properly undertaken.
My Lords, I thank the noble Lord, Lord Kennedy, for tabling this amendment and the noble Lord, Lord Shipley, for his contribution.
I am sympathetic to the intention behind Amendment 6; I agree that it is important to monitor the impact of the Bill. However, I do not believe it is necessary to use the Bill to impose an additional duty on local authorities to collect information, or on the ministry to report to Parliament on the information collected. Information on all social housing lettings is collected through the continuous recording system known as CORE and is published annually by the ministry. I believe the data collected through CORE is sufficient to allow the ministry to monitor the impact of the Bill. This is because CORE collects information on the nature of the landlord, the type of tenancy granted, whether the letting is made to a new or existing tenant and the main reason reported by the tenant for leaving their last settled home, including whether this was in relation to domestic abuse.
As I say, while I understand the intention behind the amendment, I cannot support it. To impose a further statutory requirement on local authorities to collect information that is already being provided through CORE would be burdensome, unnecessary and indeed costly. On this basis, I hope the noble Lord agrees to withdraw the amendment.
(6 years, 10 months ago)
Lords ChamberMy Lords, I remind the House that I am a vice-president of the Local Government Association. I support the points made by my noble friend Lady Grender and those made by the noble Lord, Lord Beecham, on selective licensing schemes. I hope that we all agree that it should not take two years to adopt selective licences.
However, I support the statutory instrument. I note that it has commanded broad support during consultation, which is important. I also note that the consultation has led to several additions to the list of offences, which confirms the value of consultation. That is because it is one thing to have banning orders and another to ensure their effective implementation, as has been made clear. There is a resources issue for local authorities, which I hope that the Minister will be willing to comment on when he replies, because resources need to be there for banning orders to be implemented properly.
The Minister referred to the statutory instrument being part of a package. It is indeed only one reform that we need to the private rented sector. We need action on letting fees for agents and capping of up-front deposits—about which a great deal has been said—but also an improvement in minimum standards for private rented tenants. Mention was just made of electricity safety checks, which are fundamental to get right.
It is vital that private rented tenants feel secure. It would therefore help to have a system for tenants and potential tenants to access a database of rogue landlords. If there is a list, it needs to be transparent and available to tenants and prospective tenants, otherwise how do they know that their prospective landlord is rogue? Of course, that person would in law have been banned, but it is important that tenants know who those people are.
Twenty per cent of all homes in the United Kingdom are now privately rented. The proportion has risen by half in the past decade. As the Minister knows, I believe that we must build more social homes to rent to reduce public dependency on the private rented sector, where heavy demand has led to high rent and to 750,000 private rented homes—one in six of the total—containing, according to the English Housing Survey, a hazard representing a serious risk to personal health and safety.
This number is unacceptable. It is too high. I hope that the Minister can confirm that the Government will continue to take the necessary action to support private rented sector tenants having decent, secure accommodation.
My Lords, a number of us spoke at some length on this matter when we were dealing in 2015 with what became the Housing and Planning Act 2016. This offers us the opportunity for a further canter around the course. I shall speak briefly because in principle, like most of the House, I support the regulations. I am trying to work out how effective they will be. One stat which would be helpful would be to know to what extent local authorities have, let us say, over the past 12 months or couple of years, prosecuted landlords with the offences defined in the regulations, because they already have the power to prosecute, which brings me to my second point. If they have that power to prosecute, and they do not do so—for all sorts of reasons, which I shall come to in a moment—the chances of them using a banning order are substantially reduced. The prosecution comes first, and the banning order comes second. I stand to be corrected if I am wrong. It is absolutely dependent on whether local authorities are prepared to prosecute.
Let us take a specific example. Slough is a town notorious for the number of sheds in gardens, most of which are there illegally. The local authority is in difficulty. I presume it knows that it could say to the shed owner, “Close the shed because you are in breach of the law”. On the other hand the local authority may say, “We want to ban that particular landlord”, but it is not prepared to do so because by prosecuting him it will create a homeless situation and it will have to step in and rehouse the family concerned. I am arguing that there may well be a hesitation within local authorities to prosecute and introduce banning orders in the knowledge that they may have to take on responsibility for the tenants. That might apply equally to unfit, overcrowded housing, which is covered under a contravention of overcrowding notice, or fire and gas safety standards offences. The local authority would have to have all that in mind if it decided to prosecute and get a banning order.
If one is dependent on the other and there is a hesitation to prosecute, to what extent will that influence the preparedness of a local authority to introduce the banning order? Unless there is housing into which to place people, or the local authority is prepared to take on the property, which in itself means expenditure because it has been through the legal process, the measure being introduced here might well not work in the way Ministers intend. What we need is more houses: more houses to rent and more houses at a sensible price. That would ease the whole process whereby local authorities would feel freer to proceed and close down property, with the obvious implication for rehousing families.
What stats do we have on the preparedness of local authorities to prosecute and place landlords in a position whereby ultimately, under these regulations, they will be subject to banning orders?
(6 years, 10 months ago)
Lords ChamberMy Lords, I remind the House that I am a vice-president of the Local Government Association and of National Energy Action.
This debate has been about the performance of the UK’s major housebuilders, and the number of speakers reflects its importance. I thank the noble Lord, Lord Best, for his robust diagnosis of that performance and place firmly on the record that I share it.
Many contributions have been made, and I should like to draw out just a few which I think are particularly important. The noble Lords, Lord Hunt of Wirral and Lord True, talked about the need for public-spirited partnership in housebuilding, and that is absolutely true. The question, of course, is how you get there and, for me, the answer is a civic housebuilding model rather than a speculative building model.
I particularly appreciated the contribution of the noble Baroness, Lady Brown of Cambridge. She raised a number of important issues, such as how to fund zero-carbon homes, and pointed out that the bonuses being paid by Persimmon Homes could have amply covered the delivery of zero-carbon homes built by that company. She also made a helpful point about Help to Buy: that it should apply only to low-carbon homes.
I agree with the noble Lord, Lord Whitty, on the subject of a separate Ministry of Housing, a point supported by my noble friend Lady Maddock. It is a very important suggestion that we have debated before in this Chamber; it is important to raise housing even higher than did the recent reshuffle.
The noble Lord, Lord Turnbull, asked what redress the Government might provide for leaseholders with existing expensive contractual commitments. I hope that the Minister can give a specific answer to that question. I absolutely agree with the noble Lord, Lord Horam, who talked about the importance of not selling public land at the highest prices if we are to solve the current crisis.
We have not been building enough homes for about 20 years, and housing policy has been geared too much to owner-occupation, to which many households cannot aspire. The result of past failures in our dysfunctional housing market has been a lack of supply overall and a lack of affordability caused by the shortage of homes. House prices today are almost eight times the average wage. The number of people under 35 owning their own home has dropped from 59% to just 38% in the past 13 years. According to Shelter, the average new home built today is not affordable for 80% of private renting tenants who are in work, even with the assistance of Help to Buy. We should note that private renting now accounts for one in five of all households in this country. That figure is too high.
From these Benches, we have heard from my noble friend Lord Stunell that government policies have led to increased prices. He made the point that big companies prefer big sites, on which production can be slower; on big sites they can time the rollout of building. He made a very important point that more, smaller builders on lots more sites would mean multistarts on sites, which would mean a greater number of completions. That diagnosis is right. I know that the Government have proposed increasing the number of SME building companies. We need to keep encouraging more builders to enter the market to build on smaller sites because we will end up with more homes being built.
My noble friend Lord Stunell also talked about the need for increased borrowing for housing for rent. The noble Baroness, Lady Thornhill, talked about the massive shortage of social and affordable homes, and raised the issue of viability assessments, which the National Planning Policy Framework has made a material factor in planning. She said that it was meant to be a sensible exceptions policy. Indeed, when the Bill in question passed through this Chamber, that is what noble Lords thought it was but, as she said, it has become the rule. Planners are frustrated locally by their lack of control because viability is being weighted in favour of the applicant and is undermining public confidence in the system.
My noble friend Lord Taverne talked about the importance of small developments, such as pocket developments, and using modular home construction systems. He talked about the demographic time bomb and the importance of having enough trained workers if Brexit happens. The issue of apprenticeships and skills in construction was also mentioned by the noble Lord, Lord Kerslake, and by the noble Baroness, Lady Wolf of Dulwich. That issue, which is not entirely related to Brexit but is made worse by the prospect of it, really matters. We need to have enough people trained to build if the Government are serious about getting to 300,000 completions a year.
My noble friend Lady Janke talked about Bristol, where the price of a home is not eight times but 10 times the average national income. She talked about the £6.1 million that Bristol council spent on homelessness and the lost 200 affordable homes in a year because of the viability assessment loophole. She reminded us that many of those assessments are not made public and that many planning departments operate with too few staff. My noble friend Lady Maddock talked about quality and said that energy efficiency is too often seen as a low priority when it should not be, and she encouraged new methods of modular construction that could be more environmentally friendly. We have had a wide-ranging debate and all the contributions are very helpful.
In my final two or three minutes, let me say what I think the Government should do next. I acknowledge that they have understood some of the dysfunctionality of the housing market—that has been reflected in various announcements in recent months. However, as the noble Lord, Lord Best, pointed out in his introduction, the Government are underpowered in this area. Not enough is being done. The noble Lord, Lord Kerslake, made the same point.
The Government cannot build 300,000 homes a year unless they make more productive use of land, so they should stop selling public land at the highest possible price. Government policy needs instead to be driven by affordability, with 50% of affordable homes on publicly owned sites and at least 30% on privately owned sites. I hope they will pay particular attention to the outcome of the Letwin review and take action in the public interest, as necessary, to reduce land banking.
A number of contributions on planning have dealt with bureaucracy and red tape, but I do not see it as being about bureaucracy and red tape. More planners could speed up the planning process. We need planners who can lead place-based planning. We need a planning system based on fewer large-scale sites and more, smaller sites which in turn, as I said earlier, will encourage smaller builders to enter the market. Planners, too, have a role in reversing the current trend of smaller new homes of poorer quality, which result in rising profits for builders.
The viability assessments process has to be reformed. We have heard a great deal about this, but I hope the Minister can say something further about how the Government plan to make that process better. The Government have to permit more borrowing by local authorities and housing associations in order to build more social and affordable homes. That is essential, unless they are prepared not to hit their 300,000 target. They will do that only if local authorities and housing associations can borrow.
Finally, the Government have to end the speculative housing model that has increased land values and created the dysfunctional housing market we have today. Instead, we have to move to a civic housing model that emphasises place-making, quality and affordability and has at its heart community benefit, not private profit, director bonuses and reducing standards.
(6 years, 10 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Campbell-Savours, has raised a very important issue. My attention was drawn to the impact assessment sent out yesterday by the Minister. That makes it clear that in the situation that the noble Lord raises, social landlords have a power under the Housing Act 1985 and the Housing Act 1988 to seek possession against the perpetrator in appropriate circumstances. It is stated that this power would be expected to be used in appropriate circumstances, although of course a definition would be required of what those appropriate circumstances would be, to what extent they would be used and whether the sections of those two Acts were strong enough. I hope that the Minister will be able to respond to that specific point.
I remind the House that I am a vice-president of the Local Government Association. This has been a positive Second Reading and the response from around the Chamber demonstrates strong support for the principles underlying the Bill. As we have heard, the Bill reflects commitments given during the passage of the Housing and Planning Act 2016 and in the Government’s manifesto at the last general election. It is, therefore, extremely important that it progresses quickly. The Bill is a welcome step in giving greater security to those trapped in an abusive relationship who need to leave a home in which they have a secure lifetime tenancy.
One of the main conclusions I draw from the debate is that the success of the Bill will depend very much on the training of local housing authority staff to ensure that its aims are delivered on the ground. This is important, not least because the Bill does not create a new statutory requirement for the rehousing of lifetime tenants who are victims of domestic abuse, but will instead ensure that in circumstances where a lifetime tenant is rehoused it will be with a lifetime tenancy.
I would like to raise a number of other issues. We have heard from my noble friend Lady Hamwee and the noble Lord, Lord Porter, that the Bill does not apply to housing associations. Under the Housing and Planning Act 2016, housing associations will retain discretion over whether or not to offer a flexible tenancy. But what happens where there is no local housing authority? In some areas, housing associations will be the only registered social landlord—should they not also offer long-term tenancies to victims of domestic abuse where it is the best option?
The Bill could also be an opportunity to give councils the power to set their own categories for granting lifetime tenancies to other vulnerable tenants. Councils are currently the only landlords who issue secure, lifetime tenancies, but their ability to offer the right tenancies for some vulnerable tenants is too restricted. When will the statutory guidance arising from the Housing and Planning Act 2016 be published? It is significantly overdue. This Bill at least provides the necessary assurance for those who are victims of domestic violence, but what about others who are deemed vulnerable?
The noble Baroness, Lady Lister, my noble friend Lady Burt and others raised the important issue of the termination of a joint tenancy where a victim is granted the sole tenancy. It is important that that should happen correctly, and I hope that the Minister will respond to this point, both in his reply and, should it be necessary, with an amendment when we reach Committee.
The noble Baroness, Lady Lister, the noble Lord, Lord Porter, and my noble friend Lady Hamwee made the point that because not all local authorities manage their own housing these days, the issue of tenants moving across local authority boundaries to a secure refuge is relevant. All noble Lords who talked about this asked the Minister to respond specifically to that point. There is, of course, a wider focus by the Government on domestic abuse. There has been consultation on new statutory guidance—it closed last week, on 5 January —which would disapply residency tests for those who have crossed a boundary. The guidance will help to define how local authorities can help victims of domestic violence and enable them to stay in their homes safely. Clearly, it is important that the outcome of that consultation is implemented very quickly, because it seems to me that it contains a number of issues relevant to this Bill.
The noble Lord, Lord Lipsey, raised the extremely important issue of funding. Currently, just over 300 refuges operate in England and Wales, but funding is stretched and is going to become more so. I hope the Government understand that they need to be very careful to not underfund the refuges that provide a safe haven for those fleeing domestic violence and in which local housing authorities can provide the necessary support for and assessment of an individual’s need. Then, of course, there is the review that the Government are undertaking into the commissioning and funding of domestic abuse services. It concludes in the summer, and I hope that actions arising from that will be speedy and not subject to long delays.
In the meantime, we have this short, targeted Bill, as the Minister described it in his opening remarks. It provides a foundation for further support for victims of domestic abuse. In that sense, it is absolutely welcome.
(6 years, 11 months ago)
Lords ChamberTo ask Her Majesty’s Government what is their estimate of the number of social homes that will be built as a consequence of the Budget Statement.
My Lords, on behalf of my noble friend Lord Shipley, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.
(6 years, 11 months ago)
Lords ChamberMy Lords, I first draw the attention of the House to my interests as a councillor in the London Borough of Lewisham and as a vice-president of the Local Government Association. Secondly, I thank the noble Lord, Lord Bourne of Aberystwyth, for repeating the Statement made by his right honourable friend the Secretary of State for Communities and Local Government in the other place earlier today.
On reading the Statement or listening to the noble Lord delivering it, you could be forgiven for thinking there was not a problem, but of course, the opposite is true: the Institute for Fiscal Studies estimates that between 2010 and 2020 local authorities will have had their direct funding cut by 79%. Anyone involved in local government will be fully aware of the serious pressure on budgets, resources, staff morale and the communities local authorities seek to serve. While local government will welcome some of the piecemeal measures being offered here, what has been announced today is not enough and is extremely disappointing. Missing also is any evidence of a coherent plan, and the lack of vision is troubling. Announcing a few million pounds here and there for specific initiatives while overall depleting local government funds is a recipe for disaster.
Local government delivers a vast range of the core services that people rely on day in, day out, and the Government need a new approach. I pay tribute to the staff employed by local authorities up and down the country for the job they do in difficult circumstances. They deserve a decent pay rise; perhaps the noble Lord can refer to that when he responds.
The noble Lord said that the Government are publishing a formal consultation on a review of relative needs and resources. Can he explain what he means by relative needs, and what is the direction of travel he is embarking upon? I disagree with him that the budget allocations have served councils and communities well in recent years.
The Government have announced that they are moving ahead with another phase of their business rates retention programme. Can the noble Lord tell the House where they are with the fair funding review and whether that is in effect being incorporated into the consultation he referred to in his Statement? I see that there are to be five new business rate retention pilots, and it was no surprise to see that Surrey made it on to the list. I am sure that Councillor Hodge and his colleagues on Surrey County Council will be pleased.
Rural areas have specific problems, so it is pleasing that the rural areas delivery grant will not be reduced next year. I am also pleased that none of the changes that were rumoured to be happening to the new homes bonus have come about; that will be a relief to many.
The noble Lord referred to the 20% increase in planning fees. Certainly, everything helps, but it is disappointing that the department to date has not allowed even one council to trial full cost recovery of planning fees. I do not see the objection to having one council trial this. The fact that council tax payers are subsidising the planning process is a matter of regret; we should seek to eliminate that unfairness and thereby release funds to be spent on local priorities.
One of the most serious issues facing local government is the crisis in adult social care, and the measures in the Statement make no progress towards finding the solution to the problem of providing quality care services for our ageing population. This will be a disappointment to local authorities, as will the failure to deal with the crisis in children’s services: we have seen a reduction in early years interventions and a record number of 72,000 children taken into care. Last year 170,000 children were subject to child protection plans, which is double the number seven years ago. Reductions in the amount of money available for important early years intervention just leads to unbearable pressure and risk, which is both shocking and completely avoidable.
Analysis by the Local Government Association revealed that in 2015-16, 75% of councils exceeded their children’s social care budgets by, in total, £605 million. Can the noble Lord tell the House how he justifies measures which further expand the crises in children’s services and adult social care and do not give local government the stability it needs? Why does he think it acceptable to place a further burden on council tax payers in the next financial year, instead of providing the additional funds that would equate to the rise that can be applied to the council tax for adult social care without having to hold a local referendum?
As Christmas approaches, the homelessness situation is shocking. The Government are not providing the necessary funds to help local authorities deal with it. Imposing legislative requirements without adequate funding will not address the problem. The Government will not face up to the crisis, and the measures here provide little comfort to those in desperate need and those who seek to provide these valuable services.
My Lords, I remind the House that I am a vice-president of the Local Government Association.
The key test of this Statement is whether the provisional finance settlement will alleviate the general funding pressures facing local councils. I think that the answer to that question is: hardly at all. As the letter from the Communities Secretary accompanying the Statement explains, the resources available for local government will rise from £44.3 billion in the current year, 2017-18, to £45.6 billion in two years’ time, 2019-20. This represents an increase well under the current rate of inflation and does not reflect rising demand to the extent that it should. In recent years, pressures have grown significantly because of year-on-year underfunding. In the end, the question is how much is local government actually receiving to spend overall, and not simply how much is it going to have over the next two years? Nevertheless, I welcome the extra support allocated for rural services and the thinking on the new homes bonus and negative RSG. However, I hope the Minister will be able to say a further word about government thinking on business rates and what their ultimate objective is.
As I understand the Statement, there is to be an extension to the number of 100% business rate retention pilots. At the same time, all local authorities will be able to keep more of their business rate income, equivalent to 75% overall in 2019-20. Alongside this, there will be a new system of fair funding—or at least I assume that that is the objective. That will be introduced from 2020-21. For the new system to succeed it will require redistribution to reflect needs and resources. Will the Minister say a further word about what the Government are trying to do? Are they trying adequately to reflect needs and resources, or are they aiming at 100% business rate retention? If the latter, where will the support needed for poorer authorities come from?
We have heard about the pressures on children’s and adult social care. There is an issue of principle here. This time last year, I said that council tax should not be used to make up deficits in resourcing, particularly as demand rises in children’s services and adult social care. I do not understand why it should take 15 months from the announcement in March this year of some extra central funding for adult social care to the production of a Green Paper in the summer of next year to discuss the problems of adequate funding for adult social care. I think that the problem is much more urgent than that.
To take another example of things happening too slowly, the 20% increase which is to be permitted for planning fees was debated in your Lordships’ House many months ago. There is a demand now for additional planning expenditure, so I wish government could work a bit more quickly in dealing with some of the real problems on the ground.
There is a question about council tax referendum principles and the right of councils to increase council tax by the rate of inflation without a referendum. I would prefer that there were no referendum system at all and that local authorities were freed up to make the decisions they think are right in their area. In the end, they will face the verdict of voters through the ballot box. What is happening is that the Government are increasing council tax further. As I understand it, an extra 1% is to be permitted without a referendum so that, in practice, the rate of inflation is met at least in the next year. This is putting the cost of supporting national services on to the council tax payer. I am not convinced—and I said the same thing last year—that this is the right way to go. Poorer authorities, in particular, have a lower council tax base, so if the aim is to redistribute, simply charging extra through council tax to pay for services in the more deprived authorities seems not to be the right way to go.
Finally, can the Minister confirm that the Government intend to produce a model which is fair? The words “fair funding” were used a great deal this time last year. I very much hope that those words will continue to be used. For funding to be fair, council tax payers must also have fair demands on their wallets. Will the Minister bear that in mind? I hope that, for the rest of this Parliament, the Government will not simply load council tax so that local government receives more complaints because their council has been underfunded by central government for a considerable time.
(6 years, 11 months ago)
Lords ChamberMy Lords, the noble Lord raises an interesting and fair point—that does seem a lot of legal teams. I accept that. Some of them are helping the Grenfell victims, which is something that the Government have ensured—that there is proper legal representation for the Grenfell victims and survivors. Noble Lords would accept that that is important. The inquiry has only just started. It will be far-reaching. It is right that it should be. It obviously has to follow due process. On the Government’s role, I have mentioned that the Prime Minister is looking at the way the inquiry should take proper account of local opinion. We will no doubt discuss that with Sir Martin Moore-Bick in the light of how he responds and what his thinking is on a consultative panel.
My Lords, I remind the House of my registered interests. In the interim report, Dame Judith Hackitt says that,
“I am aware that some building owners and landlords are waiting for direction from this review on what materials should be used to replace cladding that has been identified as inadequate. I would urge them not to wait but to consider what materials have already been identified and tested as safe”.
Given that the Government have accepted all the recommendations of the interim report, is it the case that all such works undertaken by all local housing authorities with high-rise blocks will be deemed by the Government to be essential works and therefore will be funded by them? There is a problem in that the Government have offered to pay for essential works, as I understand it, but not for additional works. As a consequence, a lot of bilateral discussions are going on with local housing authorities. Would it not be better for the Government to define what are essential works and what might be deemed additional works so that there can be a public debate about this? As of now, the interim report of Dame Judith Hackitt has indicated that people should get on with the job of making their buildings safe using materials which have been deemed, after testing, to be safe.
My Lords, I thank the noble Lord, Lord Shipley, for that question. The Government accept all the recommendations of Dame Judith Hackitt’s interim report that were directed towards the Government; of course, many recommendations are directed elsewhere, and we cannot accept those on behalf of other bodies. Obviously, we urge local authorities to be pre-emptive and respond in relation to the recommendations made to them. We have been very clear that finance should not stand in the way of necessary work, which remains our position. We are open to looking at any reasonable application in relation to that—as I have indicated, we are indeed doing so.
(6 years, 11 months ago)
Lords ChamberMy Lords, first, I pay tribute to the massive work that the noble Lord does in this area. He and I visited Sheffield together to see some project work that was going on there—the Cathedral Archer project and others are considerable projects. I agree that there are complex problems attached to this; it is not straightforward. Some of these pilots will look at the complex nature of the problem, with wraparound help for example for people who have left the armed services, who are often homeless. We are working with the Ministry of Justice as well in relation to ex-offenders who have a homelessness problem and are often rough sleeping. The noble Lord is absolutely right in the points that he makes.
My Lords, I remind the House of my registered interests. May I remind the Minister that in the Budget, the Government committed themselves to eliminating rough sleeping only by 2027? Why will it take 10 years?
(6 years, 11 months ago)
Lords ChamberMy Lords, I thank the noble Lord, Lord Liddle, for enabling us to have this debate at an extremely important and relevant time, given the publication in the past week and after the Budget of the two documents that he referred to: the Social Mobility in Great Britain report and the industrial strategy. He may be interested to know that the conclusions I will draw in my speech are broadly similar to those that he has drawn. I pay tribute to the noble Baroness, Lady O’Cathain, and the noble Lord, Lord Prescott, for their contributions. I hope that on this issue we will be able to see a coming together and common thinking about what conclusions we need to implement.
This debate is about creating a comprehensive agenda to address regional and national inequalities within the United Kingdom. “United” matters because our country is becoming increasingly disunited and the words “comprehensive agenda” matter because we need detailed thought on how growth and productivity can be generated across the whole country.
The noble Lord, Lord Liddle, was right to remind us that the inequalities gap is widening, and is wider than in any other EU country. He talked about the importance of EU regional development funding and its future, on which I think the Government will need to respond sooner rather than later. He rightly identified the high proportion of disadvantaged children in the London Borough of Kensington and Chelsea who go to university whereas the figure for Barnsley, for example, was under 10%. But one reason for that is that the per capita spending in secondary schools is much higher in London than in the north of England. We need to learn from that, particularly in terms of teacher incentives. He is absolutely right about HS2, HS3, rail connectivity generally and Crossrail 2. I subscribe to his view on those.
On devolution deals, I pay tribute to what the noble Lord, Lord Heseltine, achieved during the coalition Government and afterwards. Those deals have established a trend. However, the noble Lord, Lord Liddle, is right that income levels, levels of individual wealth, growth rates, productivity rates, deprivation indices, educational attainment and public spending levels mostly confirm that inequalities are growing.
Last week, as we have heard, as well as a Budget statement there were two reports published demonstrating the extent of the problem. The Social Mobility in Great Britain report by the Social Mobility Commission confirmed in its first words that:
“Britain is a deeply divided nation”.
Its work on the place-based divide, the subject of this year’s report, has confirmed that in the fields of education, employability and housing, there is a growing gulf between Greater London—and some parts of other UK cities—and the rest of the country, particularly the further you go from London. The second publication was the industrial strategy, which contains a very positive set of proposals and, commendably, has place as one of its five foundations. It is encouraging that it is clearly stated to be a strategy for the whole country; it needs to be.
The Secretary of State was right to identify, in an article that he wrote for the Evening Standard a few days ago, that the Government have to switch their role from being a boss to being a partner with the private sector and local communities. I concur with that and would simply add a specific wish for all our universities to have a policy obligation for local engagement in their broader regions, particularly those towns neighbouring the cities the universities are in, to help address some of the concerns identified by the Social Mobility Commission.
The crucial question is how we will make our living not just now but in 20 or 30 years’ time. It is about the nature of work and the skills needed right across the country to deliver the right outcomes. I have concluded that transformational change is needed; that will require not just government intervention but greater private sector investment in the poorer parts of the United Kingdom. It is too easy for the private sector to think only of their shareholders and their international opportunities. How good it would be if annual reporting had to include a statement of a company’s UK-wide impact. That comment and concern includes the banking system.
Devolution within England is, as I have said, helping to right imbalances a little but it will not substantially do so until the control of resources and tax-raising powers are more devolved too, so that the constituent parts of England are treated more like Wales. As for the northern powerhouse and a Midlands engine, I have never been clear whether a powerhouse is bigger and better than an engine. I wish the Government would stop hiding a lack of detailed policy behind a brand name; it does not help because the lack of policy is easily exposed. Having said that, it is right to have a northern powerhouse and a Midlands engine. I hope that the Budget may help a bit around infrastructure and productivity, and that the coming months will tell us whether they might then help to reduce inequalities.
In this respect, I commend the work of Transport for the North, which is getting into place a set of proposals to help improve transport in the north of England. The imbalance of transport spending between London and the rest of the country is well- established. Something needs to be done urgently about this but the allocation of resources remains a broader problem. Regional spending in the UK shows per capita spending in Northern Ireland to be £11,042, in Scotland of £10,651, in London of £10,192 and in Wales of £10,076, but with an English average of only £8,898. There is a clear and worrying discrepancy which feeds through to fewer resources in England for public services. I suppose I should remind the House that I am a vice-president of the Local Government Association at this point.
The noble Lord, Lord Liddle, reminded us that London has been hugely successful. I agree that that success should not be criticised by other parts of the United Kingdom because it generates tax income for the rest of the UK. However, there is a problem: because London is a world city, decision-makers in London may think internationally about expansion or solutions to problems more than they think about finding the solutions elsewhere within the UK. We need to have a national discussion about the role of London in governing England. There is an assumption that, following the abolition of the Government Offices for the Regions, London represents England. In practice it does of course, because it controls taxation. I am very happy that more devolved powers are going into combined authorities but they are distinctly limited in comparison with those of the nations, although many English regions have comparable populations to that of the nations.
The Government must give a lead. I agree with the noble Lord, Lord Liddle, that more of Whitehall should be moved progressively out of London. He used the example of Defra going to Cumbria but I will use the Department for Transport. If, for example, the Department for Transport was moved to the north of England, it would make a profound difference to what seems all too often to be short-term thinking on infrastructure investment policy, which has resulted in the lion’s share of spending going to London. It is possible to do this. Digital communication and HS2 will make communicating much easier. Of course, other Whitehall departments with a domestic focus could similarly be progressively relocated, in whole or in part, out of London. I accept that they would need a small London presence but let us remember that many private sector companies operate with a small London presence while their headquarters are elsewhere.
In the meantime, I hope the Government will think carefully about establishing an integrated government office in each English region, as we used to have. It was a bad mistake to abolish them a few years ago because it has simply added to the over-centralisation of England. Those offices would push to develop new industries in their regions and implement the industrial strategy, working alongside the local enterprise partnerships. They would also have that responsibility for supporting those towns that lack jobs and educational opportunity—towns which are seeing a general loss of jobs, with retail moving to centralised warehouses. The towns could be helped if there was a better government focus in each of the English regions.