Football Governance Bill

Debate between Baroness Winterton of Doncaster and Lucy Frazer

2nd reading
Tuesday 23rd April 2024 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I know that some colleagues who are intervening might not be seeking to catch my eye later. I remind colleagues that if they do intervene, it is customary for them to stay for the entire speech.

[Lucy Frazer]

The Government are very conscious of the impact on clubs, which is why we are giving them time to prepare for the measures we are bringing into play.

On top of the new licensing system, the regulator will introduce a new strengthened owners and directors test to make sure that a club’s custodians are suitable, and to protect fans from irresponsible owners. This responds directly to growing concerns about financial mismanagement in football, particularly illicit finance, as well as to fans fighting back against owners at clubs like Blackpool and Charlton Athletic. The regulator will also bring in new, robust financial regulation to improve the financial resilience of clubs across the football pyramid.

As members of this House will be all too aware, a lack of financial resilience is one of the key risks to clubs’ futures. Giving the regulator powers to oversee financial plans and to step in to require clubs to beef up their financial resilience, where it has concerns, will prevent clubs from facing cliff-edge situations like we recently saw at Southend United. That will not mean that all clubs have to break even. We know that striving for success can come at a cost and that this ambition makes the game so exciting, so we welcome sustainable, sensible investment. What we cannot have is reckless overspending, irresponsible risk taking and inadequate funding. That is why the regulator will look at each club’s plans and how they are funded, and ensure that clubs have the resources to manage their risk taking. No longer can we have short-term actions jeopardising a club’s long-term sustainability.

Budget Resolutions

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Monday 11th March 2024 Commons Chamber

[Lucy Frazer]

My right hon. Friend knows that we want to reduce taxes on working people. It is not right that they have double taxation. He will also know about the importance of protecting pensioners, which is why, throughout our time in government, we have protected them, with one of the key ways of doing that being through the triple lock.

I will highlight the progress made on the five priorities that the Chancellor and the Prime Minister set out some time ago. Debt is falling in line with our fiscal rules, inflation has halved and growth is a full 1.5 percentage points higher than predicted. That has only been possible because of the decisions taken by this Government, such as putting an average of £900 back into the pockets of 27 million workers in the space of four months. There is further to go, and the Budget will help us get there, creating more success stories like our creative industries across our economy and across the entire United Kingdom.

While the Labour party snipes aimlessly and endlessly from the sidelines, we are targeting funding where it is needed most. While the Labour party talks the economy and indeed the rest of the country down, we are backing working families and British businesses with tax cuts and tax breaks. While the Labour party U-turns on its U-turns, we are putting our economy on track for new jobs, new growth and new investment. The Conservative Government have a plan, and that plan is working. I commend the Budget to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Health and Social Care Secretary.

BBC Funding

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Thursday 7th December 2023 Commons Chamber

[The Secretary of State for Culture, Media and Sport (Lucy Frazer)]

With permission, Madam Deputy Speaker, I would like to make a statement on the BBC.

The BBC is a great British institution and plays a vital role in our culture and creative economy. It broadcasts our values and identities all over the world, reaching hundreds of millions of people every day. In January 2022, the Government and BBC agreed a six-year funding settlement, which froze the licence fee at £159 for two years. The two-year freeze has already saved every fee payer £17 over 2022 and 2023. That settlement provided vital support for households when inflation was at its highest, while giving the BBC the funding it needed to deliver on its remit.

Under the terms of the settlement, the licence fee must now increase annually in line with the consumer prices index, with the first increase due in April 2024. The Government are committed to supporting families as much as possible during these difficult times. We recognise that bill rises are never welcome and family budgets remain under pressure.

Today, I am announcing that we will use the annual rate of CPI in September to calculate the increase of the BBC licence fee in April 2024. This is the same way the Government calculate inflation-linked increases to state pensions and benefits. The decision means next year’s licence fee increase will be kept as low as possible. In April, the licence fee will rise by 6.7%, to £169.50 annually. That will minimise the rise for households, keeping it to £10.50 over the year, or 88p per month, rather than a rise of £14.50 that would have happened under the previous CPI measure.

While we recognise that household budgets remain under pressure, the decision, alongside the two-year freeze, will save individual licence fee payers over £37 by the end of 2024. These interventions support households, while providing the BBC with £3.8 billion to produce its world-leading content. The Government engaged with both the BBC and S4C to understand the impacts on the finances of both broadcasters. The decision will ensure that S4C, which is also funded from the licence fee, can maintain its unique role in promoting the Welsh language and supporting our public service broadcasting landscape.

Although we have taken steps to ensure that the uplift is kept as low as possible, we recognise that a £10.50 increase will still be felt by licence fee payers. The number of licence fee payers is also declining, with an increasingly competitive media landscape. We need to make sure that the cost of the BBC does not rise exponentially, and that it is not borne by a smaller number of fee payers. We are already seeing an increasing number of households choosing not to hold a TV licence. The number of households holding TV licences fell by 400,000 last year, and has declined by around 1.7 million since 2017-18. That is placing increasing pressure on the BBC’s licence fee income.

We are also seeing a rapidly changing media landscape, with more ways for audiences to watch content. The reach and viewing of broadcast TV fell significantly in 2022, with weekly reach falling from 83% in 2021 to 79% in 2022. As this trend continues, linking the TV licence to watching live TV will become increasingly anachronistic, as audience viewing habits continue to move to digital and on-demand media.

We know that if we want the BBC to succeed, we cannot freeze its income, but at the same time we cannot ask households to pay more to support the BBC indefinitely. We are already supporting the BBC to realise commercial opportunities that will make it more financially sustainable, and will continue to explore them provisionally with the BBC.

The situation clearly shows the need to consider the BBC’s funding arrangements to make sure they are fair for the public and sustainable for the BBC. Therefore, I am also announcing that today the Government are launching a review of the BBC’s funding model. The review will look at how we can ensure the funding model is fair for the public, sustainable for the long term, and supports the BBC’s vital role in growing our creative industries.

The review will be led by the Department for Culture, Media and Sport and supported by an expert panel. It will assess a range of options for funding the BBC. We are clear that we want the BBC to succeed. The review will include looking at how the BBC can increase its commercial revenues to reduce the burden on licence fee payers. Given pressure on household incomes, I can explicitly rule out this review looking at creating any new taxes. The findings of the review will support the Government to make an informed choice on whether to consult the public on moving to alternative funding models. That would take place as part of the charter review process, in which any final decision on reforming the BBC’s funding model would be taken.

The BBC is a great national institution. We want to ensure that it is fit for the present and whatever the future holds, while keeping costs down for the public. That means ensuring that the BBC is supported by a funding model that is fair to audiences, supports the creative industries, and is sustainable in the age of digital and on-demand media. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

--- Later in debate ---

[Lucy Frazer]

I think the shadow Secretary of State needs to live in the real world like the rest of us. People are struggling with the cost of living, and the Government have continued to take steps to protect them. She needs to live in the real world, in which the media landscape is changing. It is totally inappropriate just to sit still and do nothing, because that would destroy the BBC and make it unable to live in this changing world, and it would do nothing to protect licence fee payers. If that is the Labour plan, I do not want see it.

The shadow Secretary of State talked about what we are doing for working families. She knows that this is not the only step that we are taking. We have spent £97 billion supporting families across the country, saving a typical family about £3,300, and cut inflation by half.

The hon. Lady mentions the creative industries. She might have forgotten that since I have been in this role, I have used tax reliefs to support the creative industries. The Labour party voted against that. In fact, the Conservative party has brought in tax reliefs for the creative industries year on year for 10 years, and they were voted down by the Opposition on every single occasion.

Labour does not support the creative industries. The shadow Secretary of State for Education, the hon. Member for Houghton and Sunderland South (Bridget Phillipson), said that we should be spending more money in schools not on the creative industries, but on others. Under this Conservative Government, the creative industries are growing at double the rate of the rest of the economy and employing 2 million people.

I will happily update the shadow Secretary of State for Culture, Media and Sport on other details relating to the panel. The timetable is that the report will come into play, to me, by the autumn of 2024.

[Madam Deputy Speaker]

I call the Father of the House.

[Sir Peter Bottomley (Worthing West) (Con)]

At the risk of correcting the hon. Member for Bristol West (Thangam Debbonaire), I think the Housing Minister has changed more often than the Secretary of State for Culture, Media and Sport.

I say to my right hon. and learned Friend the Secretary of State that I do not think that anyone will go to the stake for the difference between the September CPI and others, although we can note that, were the BBC licence fee to go up by another 10%, it would still be 50p a week per household, which is probably the best value in broadcasting anywhere.

I am worried that the Government have decided, again, to make a decision without consulting Parliament. If we are to have a public broadcaster funded by a licence fee or some equivalent, Parliament should be brought in more often by Governments. This is probably the fourth time that there has been an announcement of what will happen without Parliament having been consulted first. I hope that my right hon. and learned Friend and others will say that Parliament should be brought in. If the choice is between the United States model and public broadcasting, Parliament ought to be able make its views known.

The House will have noticed that the Secretary of State said that the review will look at alternative options for funding the BBC and then said that she

“can…rule out…creating any new taxes.”

I thought that it was Parliament that decides whether we have taxes. The review may want to consider some kind of household payment, whatever we call it—at present it is called the licence fee; if we do not call it a tax, we call it a charge or something else—or something to be taken from existing taxation. If the BBC is a public benefit, why not add to whatever households pay for the licence fee the implied tax on the income that they use to pay it, for example? That would allow the income from existing taxes to go up.

The BBC needs defenders, and I am one of them. As long as I am here, the Government can expect detailed attention, and a great deal of support for doing sensible things.

[Lucy Frazer]

I, too, am a defender of the BBC. It provides an outstanding service across the world. I am proud to have seen at first hand the fantastic job that it did for Eurovision, for the coronation and for the last night of the Proms. If we were to create something that spread our values and soft power abroad, we could not do better than creating the BBC. I certainly do not want to see its services diminished, but I want to ensure that it continues to survive in this changing media world. At the moment, it is losing audiences and licence fee payers, and I want to help to support it. That is one thing that we will look at carefully in the review.

The Father of the House rightly mentions the importance of discussion and consultation. My door is open to all those who want to raise points with me. Of course, in due course, we will need to consult, and this is part of the charter review, which will involve a wider consultation exercise.

[Madam Deputy Speaker]

I call the Scottish National party spokesperson.

Gambling Act Review White Paper

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Thursday 27th April 2023 Commons Chamber

[Lucy Frazer]

I thank the shadow Minister for her comments. The shadow Secretary of State, the hon. Member for Manchester Central (Lucy Powell), made her apologies to me, for which I am grateful; I understand the reasons for her absence.

I am pleased that the shadow Minister said that we need to update the rules, and that the measures will have cross-party support. I very much look forward to working with the shadow Front Benchers on this matter, which is so important. She mentioned the delay; I would reiterate a number of points, including the fact that we have taken measures over the past few years, including cutting the stakes for fixed odds betting terminals, banning credit card gambling, reforming online VIP schemes and introducing new limits to make online slots safer. She will know that I have been in post only two and a half months, but this has been a priority for me. I have brought this White Paper in with some speed and timeliness, I would say, and she can be confident that we will continue to ensure that these measures make it into the necessary regulations. We are bringing many of them through via statutory instrument, which will speed up the process, and I very much look forward to the co-operation of those on the Opposition Front Bench in ensuring that we can do so as soon as possible.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Culture, Media and Sport Committee.

[Damian Green (Ashford) (Con)]

I congratulate my right hon. and learned Friend on finally—finally—getting this White Paper published. I particularly welcome the introduction of the statutory levy, which she will know has great support in all parts of the House. The most disturbing fact I have learned in preparing for the Select Committee’s upcoming investigation into gambling is that at this moment there are something like 50,000 children in this country who are problem gamblers. That is a truly shocking figure. Can she expand more on the essential measures in her proposals that will protect children from this terrible scourge?

[Lucy Frazer]

My right hon. Friend makes some important points. I think all of us across this House want to ensure that we protect children. That is why, in addition to measures already in place, such as ensuring that there is no advertising targeted towards children, there are a number of new measures in the proposals, including the voluntary ban on gambling advertising on football shirts, but not limited to that. As I mentioned, we are ensuring that monetary gambling is illegal until the age of 18. We will be making it illegal for children to use scratchcards or slots that produce cash. The statutory levy he mentions is also important, because through that levy we can continue to look at research on how gambling affects children and take any necessary measures in due course.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

Levelling-up and Regeneration Bill

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Report stage
Tuesday 13th December 2022 Commons Chamber

[The Minister of State, Department for Levelling Up, Housing and Communities (Lucy Frazer)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 49—Community land auction arrangements and their purpose.

Government new clause 50—Power to permit community land auction arrangements.

Government new clause 51—Application of CLA receipts.

Government new clause 52—Duty to pass CLA receipts to other persons.

Government new clause 53—Use of CLA receipts in an area to which section (Duty to pass CLA receipts to other persons)(1) duty does not relate.

Government new clause 54—CLA infrastructure delivery strategy.

Government new clause 55—Power to provide for authorities making joint local plans.

Government new clause 56—Parliamentary scrutiny of pilot.

Government new clause 57—CLA regulations: further provision and guidance.

Government new clause 58—Expiry of Part 4A.

Government new clause 59—Interpretation of Part 4A.

Government new clause 60—Street votes: community infrastructure levy.

Government new clause 63—Marine licensing.

Government new clause 64—Fees for certain services in relation to nationally significant infrastructure projects.

Government new clause 67—Power to decline to determine applications in cases of earlier non-implementation etc.

Amendment (a) to Government new clause 67, in proposed new section 70D(1)(d), after “subsection (2) or (3)” insert “or (3B)”.

Amendment (b) to Government new clause 67, before proposed new section 70D(4) insert—

“(3B) This subsection applies in a case where there has been a failure adequately to fulfil conditions attached to a previous planning permission.”

Government new clause 68—Duty to grant sufficient planning permission for self-build and custom housebuilding.

Government new clause 69—Street votes.

Government new clause 77—Nutrient pollution standards to apply to certain sewage disposal works.

Government new clause 78—Planning: assessments of effects on certain sites.

Government new clause 79—Remediation.

Government new clause 118—Pre-consolidation amendment of planning, development and compulsory purchase legislation.

Government new clause 119—Registration of short-term rental properties.

New clause 3—Solar panel requirements for new homes—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to provide that all new homes built in England from 1 April 2025 must have solar panels installed.”

This new clause would require new homes in England from 1 April 2025 to have solar panels.

New clause 5—Ecological surveys prior to planning application—

“(1) TCPA 1990 is amended as follows.

(2) After section 57 (planning permission required for development) insert—

‘57A Ecological surveys prior to planning permission

(1) Before making an application for planning permission the applicant

must undertake an ecological survey of the proposed site to establish

whether the proposed development threatens the habitat of a

vulnerable species.

(2) The Secretary of State must by regulations make provision about—

(a) such ecological surveys and requirements to undertake them,

(b) the definition of “vulnerable species” for the purposes of this

section,

(c) the mitigation hierarchy being duly followed, and

(d) the relocation of species to suitable alternative habitats where

clearance or destruction of the habitat cannot be avoided or

mitigated onsite.

(3) A person who alters a potential development site—

(a) prior to the completion of an ecological survey under this section,

and

(b) without due regard to potential habitats of vulnerable species

on the site commits an offence.

(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine.

(5) The Secretary of State may by regulations make provision about offences

under subsection (3).’

(3) After section 58A (permission in principle) insert—

‘58AA Duty of regard to wildlife habitats in granting permissions

In considering whether to grant planning permission or permission in principle for the development of land in England which threatens the habitat of a vulnerable species under section 57A the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the habitat.’”

This new clause requires ecological surveys establishing whether a proposed development threatens habitats of a vulnerable species before a planning application. It also requires planning authorities to take vulnerable species’ habitats into account in planning decisions and creates an offence relating to destroying habitats prior to the ecological survey.

Amendment (a) to new clause 5, in proposed new section 57A(1), leave out

“the habitat of a vulnerable species”

and insert—

“(a) the habitat of—

(i) any vulnerable or endangered species, or

(ii) any species of red status bird, or

(b) ancient woodland.”

Amendment (b) to new clause 5, after proposed new section 57A(5), insert—

“(6) In this section—

‘vulnerable or endangered species’ means a species protected by the Wildlife and Countryside Act 1981;

‘red status bird’ means any species of bird on the latest Birds of Conservation Concern red list.”

Amendment (c) to new clause 5, at end insert—

“(4) Where an ecological survey identifies that a proposed development constitutes a threat under subsection (1), any consideration of a planning application in relation to the proposed development by the local planning authority must begin with a presumption against development.”

New clause 6—Disposal of land held by public bodies—

“(1) The Local Government Act 1972 is amended in accordance with subsections (2) and (3).

(2) In section 123 (disposal of land by principal councils), after subsection (2) insert—

‘(2ZA) But the Secretary of State must give consent if the disposal is in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022.’

(3) In section 127(3) (disposal of land held by parishes and communities), after ‘(2A)’ insert ‘, (2ZA)’.

(4) The National Health Service Act 2006 is amended in accordance with subsection (5).

(5) After section 211 (acquisition, use and maintenance of property) insert—

‘211A Disposal of land held by NHS bodies

Any power granted by this Act to an NHS body to dispose of land is exercisable in accordance with section [Disposal of land held by public bodies] of the Levelling-up and Regeneration Act 2022 as if the NHS body were a local authority.’

(6) Subject to subsection (8), a disposal of land is in accordance with this section if it is in accordance with the Local Government Act 1972 General Disposal Consent (England) 2003 published in Department for Communities and Local Government Circular 06/03, as amended by subsection (7).

(7) Those amendments to the Local Government Act 1972 General Disposal Consent (England) 2003 are—

(a) after paragraph 1 insert—

‘(1A) This consent also applies to any NHS body in England as if it were

a local authority in accordance with section 211A of the National

Health Service Act 2006;’;

(b) in paragraph 2(b), for ‘£2,000,000 (two million pounds)’ substitute ‘£3,000,000 (three million pounds) or 40% of the unrestricted market value, whichever is greater’;

(c) for paragraph 3(1)(vii) substitute—

‘(viii) a Police and Crime Commissioner established under the Police Reform and Social Responsibility Act 2011;’;

(d) for paragraph 3(1)(ix) substitute—

‘(ix) the Mayor’s Office for Policing and Crime;’;

(e) for paragraph 3(1)(x) substitute—

‘(x) the London Fire Commissioner;’;

(f) after paragraph 3(1)(xii) insert—

‘(xiii) a combined authority;

(xiv) a mayoral combined authority;

(xv) the Greater London Authority;

(xvi) any successor body established by or under an Act of Parliament to any body listed in this subparagraph.’

(8) The Secretary of State may, to reflect inflation, further amend the cash value that the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal must not exceed.”This new clause would bring an amended and updated version of the Local Government Act 1972 General Disposal Consent (England) 2003 into primary legislation, extends its application to NHS bodies and clarifies that the Consent applies to Police and Crime Commissioners, MOPAC and the London Fire Commissioner.

New clause 8—National Parks purposes—

(1) Section 5 of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.

(2) For section 5(1) substitute—

‘(1) The provisions of this Part of this Act shall have effect for the purpose—

(a) of restoring, conserving and enhancing the—

(i) biodiversity and the natural environment;

(ii) natural beauty; and

(iii) cultural heritage

of the areas specified in the next following subsection; and

(b) of providing equal opportunities for all parts of society to

improve their connection to biodiversity and the natural

environment, natural beauty and cultural heritage of those areas

and the enjoyment of their special qualities.’

(3) For section 5(2) substitute—

‘(2) The said areas are those extensive tracts of country in England which it appears to Natural England that by reason of—

(a) their biodiversity and natural environment, natural beauty and cultural heritage; and

(b) the opportunities they afford for providing equal opportunities for all parts of society to improve their connection to biodiversity and the natural environment, natural beauty and cultural heritage of those areas and the enjoyment of their special qualities, having regard both to their character and to their position in relation to centres of population,

it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.’

(4) Omit section 5(2A).

(5) After subsection (3) insert—

‘(4) In subsection (1) above—

“biodiversity” has the meaning given to the term “biological diversity” by Article 2 of the United Nations Environmental Programme Convention on Biological Diversity of 1992;

“natural environment” has the meaning given by section 44 of the Environment Act 2021;

“natural beauty” has the meaning given by section 114(2) of this Act;

“cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest.’

(6) The amendments made by subsections (1) to (5) above are without prejudice to the continuing validity of any designation of an area as a National Park under subsection (3) of that section.”

This new clause will amend the statutory purposes of National Parks to make it clearer that National Parks should actively recover nature and improve people’s connection with nature, as recommended by the Glover Review. Part (3) amends the criteria for designating new National Parks in line with the updated purposes.

New clause 9—Duty of certain bodies and persons to have regard to the purposes for which National Parks are designated—

“(1) Section 11A (Duty of certain bodies and persons to have regard to the purposes for which National Parks are designed) of the National Parks and Access to the Countryside Act 1949 is amended in so far as it applies to England as follows.

(2) After subsection (1) insert—

‘(1A) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section 5 of this Act, shall seek to promote climate change mitigation and adaptation, in particular through policies and projects that restore, conserve and enhance biodiversity and the natural environment while also reducing, or increasing the removal of, greenhouse gas emissions or supporting climate adaptation.’

(3) For subsection (2) substitute—

‘(2) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, any relevant authority must further the purposes specified in subsection (1) of section 5 of this Act and, if it appears that there is a conflict between paragraphs (a) and (b) of that subsection, shall attach greater weight to the purpose of restoring, conserving and enhancing the natural environment and biodiversity, natural beauty and cultural heritage of the area comprised in the National Park.’”

This new clause implements two recommendations from the Glover Review, to give National Park authorities a new duty to address climate change and to strengthen the existing duty on public bodies to “further” National Park purposes.

New clause 10—National Park Management Plans—

“(1) Section 66 (National Park Management Plans) of the Environment Act 1995 is amended in so far as it applies to England as follows.

(2) After subsection (1) insert—

‘(1A) A National Park Management Plan must include targets and actions to be achieved before the review of the plan under subsection (4) by the National Park authority and other relevant authorities that are exercising or performing any functions in relation to, or so as to affect, land in the National Park.

(1B) The targets and actions must include those that will contribute to—

(a) the furthering of the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;

(b) the achievement of targets as may be set under

(i) sections 1 to 7 of the Environment Act 2021;

(ii) environmental improvement plans prepared under sections 8 to 15 of that Act; and

(iii) the Climate Change Act 2008 for the protection of the climate, including in respect of the mitigation of, and adaptation to, climate change; and

(c) the implementation of any local nature recovery strategies for an area within the National Park prepared under sections 104 to 107 of the Environment Act 2021.

(1C) In exercising or performing any functions in relation to, or so as to affect, land in a National Park, a relevant authority must—

(a) in the case of a relevant authority other than a National Park authority, assist with the preparation of the National Park Management Plan by providing to the National Park authority a list of the actions that the relevant authority will take reasonable steps to undertake over the 5 years of the Plan to further the purposes specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949;

(b) take reasonable steps to undertake those actions within that period; and

(c) in the case of a relevant authority other than a National Park authority, at least six months prior to the commencement of the review of the National Park Management Plan, provide to the National Park authority the details of the actions that the relevant authority has undertaken during the period to which the Plan relates.

(1D) For the purposes of (1A) and (1B) “relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.’

(3) After subsection (4) insert—

‘(4A) At least three months prior to the commencement of a review under subsection (4) a National Park authority must publish a report setting out, in particular, details of—

(a) targets and actions in the National Park Management Plan that have been achieved;

(b) targets and actions that have not been achieved;

(c) targets and actions that the National Park authority is not yet able to determine whether they have been achieved, the reasons for that and the steps the National Park authority or any other relevant authority intends to take in order to determine whether the target or action has been achieved, and, in respect of (b), the reasons why a target or action has not been achieved and the steps the National Park authority or any other relevant authority has taken, or intends to take, to ensure the target or action is achieved as soon as reasonably practicable.

(4B) Within three months of the publication of the report prepared in accordance with subsection (4A) Natural England must provide and publish advice to the National Park authority and any relevant authority as it sees fit, in relation to the National Park Management Plan that is to be reviewed, on—

(a) the extent to which and reasons why any targets in that Plan have not been met;

(b) actions that should be taken by the National Park authority or any relevant authority to ensure that the target is achieved as soon as possible; and

(c) targets to be set in the revised plan.

(4C) Advice given under (4B) must also contain the reasons for that advice.

(4D) It shall be the duty of a National Park authority and any relevant authority to follow the advice given under subsection (4B) unless it appears unreasonable to do so, in which case the National Park authority or relevant authority must publish a statement giving reasons why it is not following that advice.

(4E) At the same time as the publication of a report under paragraph (c) of subsection (6), a National Park authority must publish a report on its response to the advice given under (4B) and any actions taken by the National Park authority or any other relevant authority as a result of the advice given under paragraph (b) of subsection (4B).’

(4) For subsection (7) substitute—

‘(7) A National Park authority which is proposing to publish, adopt or review any plan under this section must publish notice of the proposal and a copy of the plan, together (where appropriate) with any proposed amendments of the plan and consult—

(a) every principal council and corporate joint committee whose area is wholly or partly comprised in the relevant Park;

(b) Natural England;

(c) the Environment Agency;

(d) any other relevant authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park; and

(e) the general public.’

(5) After subsection (7) insert—

‘(7A) A National Park authority must take into consideration any observations made by any of the persons consulted under subsection (7).’

(6) After subsection (8) insert—

‘(8A) Any plan which a National Park authority publishes, adopts or amends following a review under this section shall not be made operational until it is approved in writing by the Secretary of State on advice from Natural England.’

(7) After section 66 insert—

‘66A Guidance on the preparation of National Park Management Plans: England

(1) Natural England must issue guidance to National Park authorities on the preparation, content and implementation of National Park Management Plans.

(2) Guidance must be—

(a) published by Natural England in such manner as Natural England sees fit;

(b) kept under review; and

(c) revised where Natural England considers it appropriate.

(3) A National Park authority must have regard to the guidance when preparing and implementing a National Park Management Plan.

66B Annual reports on the implementation of National Park Management Plans: England

(1) As soon as practicable after the end of each financial year, a National Park authority in England must prepare a report on the implementation of the current National Park Management Plan during that year and send a copy of the report to the Secretary of State and Natural England.

(2) The report must include an assessment of—

(a) the progress that has been made during the financial year in achieving the targets and actions set out in the National Park Management Plan;

(b) the further progress that is needed to achieve those targets and actions and the steps the National Park authority or any other relevant authority will take to ensure the target or action is achieved before the next review of the Plan under subsection (4) of section 66; and

(c) whether those targets and actions are likely to be achieved before the next review of the Plan under subsection (4) of section 66.

(3) A relevant authority other than a National Park authority that is exercising or performing any functions in relation to, or so as to affect, land in a National Park in England must contribute to the report by providing to the National Park authority the details of the actions that the relevant authority has undertaken to further the purposes of the National Park specified in subsection (1) of section 5 of the National Parks and Access to the Countryside Act 1949 during the financial year to which the report relates.

(4) The Secretary of State must lay a copy of the report before Parliament and publish the report.

(5) “Relevant authority” has the same meaning as in section 11A(3) of the National Parks and Access to the Countryside Act 1949.

66C Duty to provide advice or other assistance on request: England

Natural England must, at the request of a National Park authority or other relevant authority, provide advice, analysis, information or other assistance to the authority in connection with—

(a) the authority's functions under this or any other Act; and

(b) the progress made towards meeting the targets and actions included in a National Park Management Plan.

66D Strategic priorities and objectives for National Parks: England

(1) Within six months of the entering into force of this section, the Secretary of State must publish a statement setting out strategic priorities and objectives for National Park authorities and relevant authorities in carrying out relevant functions.

(2) National Park authorities and relevant authorities must carry out those functions in accordance with any statement published under this section.

(3) In formulating a statement under this section, the Secretary of State must further the purposes in section 5 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”).

(4) Before publishing a statement under this section, the Secretary of State must consult—

(a) National Park authorities;

(b) Natural England; and

(c) such relevant authorities as the Secretary of State thinks appropriate.

(5) Before publishing a statement under this section the Secretary of State must—

(a) lay a draft of the statement before Parliament; and

(b) then wait until the end of the 40-day period.

(6) The Secretary of State may not publish the final statement under this section if, within the 40-day period, either House of Parliament resolves not to approve it.

(7) “The 40-day period” means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).

(8) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(9) The Secretary of State shall, in accordance with this section, publish a revised statement no later than five years after the publication of each statement.

(10) In this section—

“relevant authorities” shall have the same meaning as in section 11A of the 1949 Act; and

“relevant functions” means, for National Park authorities, the functions mentioned in Part III of this Act and, for relevant authorities, those functions mentioned in section 11A(2) of the 1949 Act.’”

This new clause would implement the recommendation of the Glover Review that National Park Management Plans should contain targets, priorities and actions to deliver the purposes of National Parks. It would also require National Park authorities and other public bodies to set out what steps they will take to achieve those targets, priorities and actions.

New clause 11—National Park Authorities—

“(1) Schedule 7 to the Environment Act 1995 is amended in so far as it applies to England as follows.

(2) In paragraph 1(3) after “must” insert “not”.

(3) In paragraph 2(3)(c) omit “only at the request of that council”.

(4) After paragraph 2(4) insert—

“(4A) In appointing local authority members of a National Park authority, a principal council must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.”

(5) After paragraph 3(2) insert—

“(2A) In appointing parish members of a National Park authority the Secretary of State must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.”

(6) After paragraph 4(1) insert—

“(1A) In appointing members of a National Park authority the Secretary of State must have regard to the desirability of—

(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949; and

(b) maintaining an overall balance between members with experience of and capacity in those purposes.””

This new clause would allow the Secretary of State to amend secondary legislation to increase the proportion of National Park authority members who are nationally appointed, on the basis of their skills and experience. It would also require that consideration is given to ensuring members have relevant experience.

New clause 12—Requirements to encourage the development of small sites—

“(1) In respect of a development where the conditions in subsection (2) are satisfied, local authorities must support opportunities to bring forward sites and apply a presumption in favour of development.

(2) The conditions are that—

(a) the site is less than 0.25 hectares in area, and

(b) the site contains over 60% affordable housing.

(3) In this section, “affordable housing” has the same meaning as in Annex 2 of the NPPF.”

This new clause would provide for a presumption in favour of development for affordable-led small sites and encourage councils to bring forward small sites for development.

New clause 13—Duty of regard to the right to nature—

“(1) It is the duty of public authorities when exercising their functions under this Act to have special regard to the right to nature.

(2) For the purposes of subsection (1), the “right to nature” means the right to a clean, healthy and sustainable environment.

(3) Contributing to providing and maintaining a clean, healthy and sustainable environment includes increasing access to natural spaces and reducing geographical inequalities in this access.”

This new clause would create a right to a clean, healthy and sustainable environment, and require authorities to increase access to nature and to ensure access is equitably distributed across different communities.

New clause 14—FloodRe Build Back Better scheme participation—

“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies participate in the FloodRe Build Back Better scheme to reimburse flood victims for costs of domestic flood resilience and prevention measures.

(2) In making those rules the Financial Conduct Authority must have regard to its operation objectives to—

(a) protect consumers, and

(b) promote competition.”

This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary Build Back Better scheme, which was launched by FloodRe in April 2022.

New clause 15—Minimum requirements for flood mitigation and protection—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of 5 the Building Act 1984 to make building regulations for the purpose in subsection (2).

(2) That purpose is to set minimum standards for new build public and private properties in England for—

(a) property flood resilience,

(b) flood mitigation, and

(c) waste management in connection with flooding.”

This new clause would require the Government to set minimum standards for flood resilience, flood mitigation and flood waste management in building regulations.

New clause 16—Duty to make flooding data available—

“(1) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk publicly available

(2) The duty under subsection (1) extends to seeking to facilitate use of the data by—

(a) insurers for the purpose of accurately assessing risk, and

(b) individual property owners for the purpose of assessing the need for property flood resilience measures.”

This new clause would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners.

New clause 17—Flood prevention and mitigation certification and accreditation schemes—

“(1) The Secretary of State must by regulations establish—

(a) a certification scheme for improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and

(b) an accreditation scheme for installers of such improvements.

(2) The scheme under subsection (1)(a) must—

(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and

(b) provide for the issuance of certificates stating that improvements to properties have met those standards.

(3) The scheme under subsection (1)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (2)(a).

(4) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) A draft statutory instrument containing regulations under this section must be laid before Parliament before the end of the period of six months beginning with the day on which this Act comes into force.”

This new clause would require the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and an accreditation scheme for installers of such improvements.

New clause 18—Insurance premiums—

“(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies to take into account the matters in subsection (2) when calculating insurance premiums relating to residential and commercial properties.

(2) Those matters are—

(a) that certified improvements have been made to a property under section [flood prevention and mitigation certification and accreditation schemes], or

(b) that measures that were in full or in part for the purposes of flood prevention or mitigation have been taken in relation to the property that were requirements of the local planning authority for planning permission purposes.”

This new clause would require the Financial Conduct Authority to make rules requiring insurance companies to take into account flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.

New clause 19—Flood Reinsurance scheme eligibility—

“(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed—

(a) establish a new Flood Reinsurance scheme under section 64 of the Water Act 2014 which is in accordance with subsection (2), and

(b) lay before Parliament a draft statutory instrument containing regulations under that section to designate that scheme.

(2) A new Flood Reinsurance scheme is in accordance with this section if it extends eligibility to—

(a) premises built on or after 1 January 2009 which have property flood resilience measures that meet the standard under section [minimum requirements for flood mitigation and protection](2)(a), and

(b) buildings insurance for small and medium-sized enterprise premises.

(3) The Secretary of State may by regulations require public bodies to share business rates information with the scheme established under subsection (1)(a) for purposes connected with the scheme.

(4) The Water Act 2014 is amended in accordance with subsections (5) to (9).

(5) In section 64 (the Flood Reinsurance scheme), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.

(6) In section 67 (scheme administration), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.

(7) After section 69 (disclosure of HMRC council tax information) insert—

“(69A) Disclosure of business rates information

(1) The Secretary of State may by regulations require public bodies to disclose information relating to business rates to any person who requires that information for either of the following descriptions of purposes—

(a) purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);

(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).

(2) A person to whom information is disclosed under regulations made under subsection (1)(a) or (b)—

(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;

(b) may not further disclose the information except in accordance with those regulations.”

(8) In section 82(5) (interpretation)—

(a) for “69” substitute “69A”;

(b) after “household premises” insert “small and medium-sized enterprise premises”.

(9) In section 84(6) (regulations and orders), after paragraph (e) insert—

“(ea) regulations under section 69A (disclosure of business rates information),”.”

This new clause would require the Government to extend the FloodRe scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.

New clause 20—Strengthening local powers on new home standards, affordable housing and bus services—

“(1) The Secretary of State must make Building Regulations under section 1 of the Building Act 1984 providing that new homes in England must meet the full requirements of the Future Homes Standard from 1 January 2023.

(2) A local authority in England may choose to require and enforce minimum carbon compliance standards for new homes in its area which exceed the Future Homes Standard from that date.

(3) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area is affordable.

(4) A local planning authority may define “affordable” for the purposes of subsection (3).

(5) Notwithstanding section 66 of the Transport Act 1985, a local authority in England shall have power to provide a service for the carriage of passengers by road which requires a PSV operator’s licence.”

This new clause would bring forward the date for which the Future Homes Standard for carbon compliance of new homes would apply and give local authorities the option of imposing higher standards locally; it would enable local authorities to mandate that new housing under their jurisdiction is affordable and confer new powers on local authorities to run their own bus services.

New clause 40—Requirement to hold a referendum on fracking applications—

“(1) This section applies to any planning application for the purposes of, or in connection with, hydraulic fracturing.

(2) The local planning authority may not approve an application to which this section applies unless it has been approved by a referendum in accordance with subsection (3).

(3) A referendum is in accordance with this subsection if—

(a) it is a poll of all local authority electors resident in the license area or the impact zone of the proposed hydraulic fracturing site; and

(b) it is approved by the majority of such electors who vote in the referendum.

(4) The Secretary of State may, by regulations, make further provision about the conduct of referendums under subsection (3).

(5) In making regulations under subsection (4) the Secretary of State must have regard to the provisions of the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014).

(6) The total referendum expenses incurred must be paid in full by the planning applicant.”

New clause 43—Planning permission required for use of dwelling as second home—

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 55 (meaning of “development” and “new development”), after subsection (3)(a) insert—

“(aa) the use of a dwelling as a second home following a change in ownership involves a material change in the use of the building (whether or not it was previously used as a second home);”.”

This new clause would mean planning permission would be required for a dwelling to be used as a second home following a change of ownership.

New clause 44—Local authorities to be permitted to require that new housing in National Parks and AONB is affordable—

“(1) Notwithstanding the National Planning Policy Framework, a local planning authority may mandate that any new housing in its area that is within—

(a) a National Park, or

(b) an Area of Outstanding Natural Beauty

is affordable.

(2) A local planning authority may define “affordable” for the purposes of subsection (1).”

This new clause would enable local authorities to mandate that new housing under their jurisdiction and within a National Park or an Area of Outstanding Natural Beauty is affordable, and to define “affordable” for that purpose.

New clause 47—Disability accessibility standards for railway stations—

“(1) The Secretary of State must take all reasonable steps to ensure that railway stations in England—

(a) provide step-free access from street to train, and

(b) meet in full and as soon as possible the disability access standards in the Design Standards for Accessible Railway Stations Code of Practice published by the Department for Transport and Transport Scotland in March 2015.

(2) Any requirements made in conjunction with that duty may not make any exemptions or concessions for small or remote stations.

(3) In undertaking the duty in subsection (1) the Secretary of State may—

(a) make an application to the Office of Rail and Road under section 16A (provision, improvement and development of railway facilities) of the Railways Act 1993;

(b) revise the code of practice under section 71B (code of practice for protection of interests of rail users who are disabled) of the Railways Act 1993;

(c) amend the contractual conditions of any licenced railway operator;

(d) instruct Network Rail to take any action the Secretary of State considers necessary in connection to the duty.

(4) The Secretary of State must report annually to Parliament on performance against the duty.”

This new clause places a duty on the Secretary of State to ensure that railway stations meet disability access standards.

New clause 72—Super-affirmative procedure for EOR regulations made under Part 5—

“(1) If the Secretary of State proposes to make EOR regulations which fall under section 195(5), the Secretary of State must lay before Parliament a document that—

(a) explains the proposal, and

(b) sets it out in the form of draft EOR regulations.

(2) During the period of 60 days beginning with the day on which the document was laid under subsection (1) (“the 60-day period”), the Secretary of State may not lay before Parliament draft regulations to give effect to the proposal (with or without modifications).

(3) In preparing draft regulations under this Part to give effect to the proposal, the Secretary of State must have regard to any of the following that are made with regard to the draft regulations during the 60-day period—

(a) any representations, and

(b) any recommendations of a committee of either House of Parliament

charged with reporting on the draft regulations.

(4) When laying before Parliament draft regulations to give effect to the proposal (with or without modifications), the Secretary of State must also lay a document that explains any changes made to the proposal contained in the document laid before Parliament under subsection (1).

(5) In calculating the 60-day period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.”

This new clause would require EOR regulations made under Part 5 to be subject to the super-affirmative procedure.

New clause 73—National development management policy—

“(1) A national development management policy must not include any provision that—

(a) requires any housing to be built on the green belt; or

(b) encourages the building of housing on the green belt.

(2) For the purpose of this section, “the green belt” means any land designated as green belt by a local planning authority.”

This new clause would ensure that the government cannot use national development management policies to allow housing to be built on green belt land.

New clause 80—Prohibition of onshore developments for purposes of oil and gas searching, boring and extraction—

“(1) The Petroleum Act 1988 is amended in accordance with subsection (2).

(2) In section 3 (licences to search and bore for and get petroleum), after subsection (2) insert—

“(2A) But the appropriate authority may not issue any new such onshore licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.

(2B) The prohibition in subsection (2A) includes licences or consents relating to hydraulic fracturing.”

(3) A planning authority or Secretary of State may not grant planning permission to any proposed development for the purposes of searching for, boring for or getting petroleum.

(4) This section comes into force on the day on which this Act is passed.”

This new clause would prevent planning authorities or the Secretary of State from granting planning permission to any new onshore oil or gas developments, including hydraulic fracturing.

New clause 81—Prohibition of development for the purpose of coal-mining—

“(1) The Coal Industry Act 1994 is amended in accordance with subsection (2).

(2) In section 26 (Grant of licences), after subsection (2) insert—

“(2A) But the appropriate authority may not issue any new such licence after the day on which the Levelling-up and Regeneration Act 2023 is passed.

(2B) The prohibition in subsection (2A) includes licences or consents relating to—

(a) any new coal mine; and

(b) the expansion of, or extension to, any existing coal mine (including time-extension applications).”

(3) A minerals planning authority must not grant planning permission to any proposed development for the purposes of coal-mining operations.

(4) A minerals planning authority must not grant any extension of existing planning permission to any development for the purposes of coal-mining operations.

(5) This section comes into force on the day on which this Act is passed.”

New clause 83—Industrial support reporting—

“(1) The Secretary of State must prepare annual reports on—

(a) the rates of the matters in subsection (2), and

(b) the extent to which the fiscal and regulatory framework supports growth in those matters in areas with rates of poverty, unemployment or economic inactivity above the national average.

(2) The matters are—

(a) new factory openings,

(b) investment in new factory equipment,

(c) the introduction of tailored skills-acquisition programmes, and

(d) the creation of manufacturing jobs.

(3) The first such report must be laid before Parliament before the end of 2023.

(4) A further such report must be laid before Parliament in each subsequent calendar year.”

This new clause would require the Secretary of State to report annually to Parliament on the rates of, and the extent to which the fiscal and regulatory framework supports, new factory openings, investment in new factory equipment, introduction of tailored skills-acquisition programmes and creation of manufacturing jobs in areas with rates of poverty, unemployment or economic inactivity above the national average.

New clause 85—Wildbelt—

“(1) Local planning authorities should maintain a register of wildbelt land in their local areas (see section 106(c) of the Environment Act 2021).

(2) Wildbelt land must be recognised in Local Plans based on areas identified in the Local Nature Recovery Strategy.

(3) Local planning authorities must act in accordance with Local Nature Recovery Strategy wildbelt designations in the exercise of relevant functions, including land use planning and planning decisions.

(4) Wildbelt land should not be subject to land use change that hinders the recovery of nature in these areas.”

This new clause would secure a land designation in England that provides protection for sites being managed for nature’s recovery, identified through the Local Nature Recovery Strategies created by the Environment Act. Sites designated as wildbelt in Local Plans would be subject to only moderate controls, precluding development but allowing farming and other land uses which do not hinder the recovery of nature.

New clause 86—Wildbelt & the Environment Act—

“In section 106(5) of the Environment Act 2021, after paragraph (b) insert—

“(c) any sites identified as having potential for nature’s recovery, to be known as wildbelt sites;””

New clause 87—Energy efficiency measures in listed buildings—

“(1) The Secretary of State must make regulations about the use of energy efficiency measures in residential listed buildings.

(2) The aim of the regulations must be to make it easier for owners of residential listed buildings to improve the energy efficiency of those buildings.

(3) The regulations may impose any requirement upon Historic England that the Secretary of State considers necessary in order to achieve the aim in subsection (2).

(4) In this section, “energy efficiency measures” include—

(a) the installation of heat pumps; and

(b) any measure aimed at improving the energy efficiency rating of a property.”

New clause 88—New Permitted Development Right—

“(1) The Secretary of State must, by regulations, create a new permitted development right to allow existing residential buildings to be redeveloped without further planning consent if—

(a) the building is in an urban area,

(b) the local authority has issued one or more design codes for the area in which the building is situated, and the redevelopment complies with it,

(c) the building is not a listed building or subject to other heritage protections, and

(d) the redevelopment complies with all relevant building safety regulations.

(2) Subsection (1) comes into force after a period of six months beginning on the day on which this Act is passed.

(3) A local planning authority must issue one or more design codes for residential buildings in all urban areas within their boundaries within six months of the passage of this Act.”

This new clause would create simplified residential planning permission for homes in towns and cities which comply with designs that have been pre-approved by their Local Authority.

New clause 89—Peat Extraction: no compensation for alteration of planning permissions—

“(1) Section 107 of the Town and Country Planning Act 1990 is amended as follows.

(2) After subsection (5), insert—

“(6) From 1 January 2024, this section does not apply to permissions relating to the extraction of peat.””

This new clause removes a barrier that prevents Mineral Planning Authorities taking action to bring to an end the extraction of peat within England. It is timed to coincide with the expected legal ban on the sale of peat and peat containing products in England and Wales.

New clause 92—Chief Planning Officers—

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 1 insert—

“1A Planning authorities: chief planning officer

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relate to development.

(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””

This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.

New clause 94—Vacant higher value local authority housing—

“(1) The Housing and Planning Act 2016 is amended as follows.

(2) Leave out Chapter 2 of Part 4 (Vacant higher value local authority housing).”

This new clause would implement the decision set out in the 2018 social housing green paper to not require local authorities to make a payment in respect of their vacant higher value council homes as provided for by the Housing and Planning Act 2016.

New clause 95—Review of Permitted Development Rights—

“(1) The Secretary of State must establish a review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

(2) The review should include an assessment of—

(a) the past effectiveness of permitted development rights in achieving housing targets;

(b) the quality of housing delivered under permitted development rights;

(c) the impacts of permitted development on heritage, conservation areas and setting;

(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;

(e) the relative cost to local planning authorities of processing permitted development compared to full planning consents;

(f) potential conflict between existing permitted development rights and the application of national development management policies;

(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.

(3) The Secretary of State must publish a report of the recommendations made by this review no later than twelve months after this Act comes into force.”

This new clause would commit the government to carrying out a comprehensive review of permitted development rights within 12 months of the Bill securing Royal Assent.

New clause 96—Local authority planning committee meetings—

“(1) The Secretary of State must by regulations make provision relating to—

(a) requirements to hold local authority planning committee meetings;

(b) the times at or by which, periods within which, or frequency with which, local authority planning committee meetings are to be held;

(c) the places at which local authority planning committee meetings are to be held;

(d) the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings;

(e) public admission and access to local authority planning committee meetings;

(f) the places at which, and manner in which, documents relating to local authority planning committee meetings are to be open to inspection by, or otherwise available to, members of the public.

(2) The provision which must be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority planning committee meetings without all of the persons, or without any of the persons, being together in the same place.”

This new clause would allow local authorities to hold planning committee meetings and reach planning decisions virtually or in a hybrid form.

New clause 97—Chief Planning Officers—

“(1) The Town and Country Planning Act 1990 is amended as follows.

(2) After section 1 insert—

“1A Planning authorities: chief planning officer

(1) Each planning authority must have a chief planning officer.

(2) The role of an authority’s chief planning officer is to advise the authority about the carrying out of—

(a) the functions conferred on them by virtue of the planning Acts, and

(b) any function conferred on them by any other enactment, insofar as the function relate to development.

(3) The Secretary of State must issue guidance to planning authorities concerning the role of an authority’s chief planning officer.

(4) A planning authority may not appoint a person as their chief planning officer unless satisfied that the person has appropriate qualifications and experience for the role.

(5) In deciding what constitutes appropriate qualifications and experience for the role of chief planning officer, a planning authority must have regard to any guidance on the matter issued by the Secretary of State.””

This new clause would place a duty on local planning authorities to appoint a Chief Planning Officer to perform planning functions and requires them to appoint sufficiently qualified persons to perform them with regard to guidance from the Secretary of State.

New clause 98—Duty with regard to climate change—

“(1) The Secretary of State must have special regard to achieving the mitigation of and adaptation to climate change when preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the PCPA 2004.

(2) The Secretary of State must aim to ensure consistency with achieving the mitigation of and adaptation to climate change when exercising a relevant function under a planning enactment.

(3) A relevant planning authority when—

(a) exercising a planning function must have special regard to, and aim to ensure consistency with, achieving the mitigation of and adaptation to climate change, and

(b) making a planning decision must aim to ensure the decision is consistent with achieving the mitigation of and adaptation to climate change.

(4) For the purposes of subsection (3), a relevant planning authority is as set out in section 81 (a) and (b) and (d) to (j).

(5) For the purposes of subsection (2) a relevant function is a function that relates to the development or use of land.

(6) For the purposes of subsection (3) a planning function is the preparation of—

(a) a spatial development strategy;

(b) a local plan;

(c) a minerals and waste plan;

(d) a supplementary plan; or

(e) any other policy or plan that will be used to inform a planning decision.

(7) For the purposes of subsections (3) and (6) a planning decision is a decision relating to—

(a) the development or use of land arising from an application for planning permission;

(b) the making of a development order; or

(c) an authorisation pursuant to a development order.

(8) In relation to neighbourhood planning, a qualifying body preparing a draft neighbourhood plan or development order must have special regard to achieving the mitigation of and adaptation to climate change.

(9) For the purposes of this section, achieving the mitigation of climate change shall include the achievement of—

(a) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(b) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(10) For the purposes of this section, achieving adaptation to climate change shall include the achievement of long-term resilience to climate-related risks, including—

(a) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(b) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.”

This new clause would place an overarching duty on the Secretary of State, local planning authorities and those involved in neighbourhood plan-making to achieve the mitigation and adaptation of climate change when preparing plans and policies or exercising their functions in planning decision-making.

New clause 99—Permitted development: temporary use of land—

“(1) Section 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 is amended in accordance with subsection (2).

(2) After subsection (6) insert—

“(6A) Where the proposed use of any land is to operate a commercial helicopter service—

(a) the local planning authority must be notified of the date the site will be used for this purpose, and

(b) the site must be approved for use for this purpose by the local planning authority.””

New clause 100—Planning Application Fees—

“(1) Section 303 of the Town and Country Planning Act 1990 (Fees for planning applications etc.) is amended as follows.

(2) After subsection (4) insert—

“(4A) A local planning authority may make provision as to how a fee or charge under this section is to be calculated (including who is to make the calculation).””

This new clause would allow local authorities to set the fees for planning applications, in order that the cost of determining an application is reflected by the fee charged.

New clause 101—Greenbelt protection in the NPPF—

“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).

(2) The NPPF must provide that when considering any planning application in the greenbelt, unmet housing need does not constitute very special circumstances.”

This new clause would ensure that unmet housing need cannot constitute a very special circumstance when assessing harm caused by development on the greenbelt, to align with the Written Statement HCWS423 of 17 December 2015. This would, for example, enable a local planning authority to refuse an inappropriate speculative development in the absence of a local plan.

New clause 102—Calculation of housing need—

“(1) The Secretary of State must, by regulations, make provision requiring local planning authorities to use the most recently published ONS household projections when preparing their local plans.

(2) The NPPF must provide that when considering any planning application, unmet housing need is calculated using the most recent ONS household projections.”

This new clause would end the mandatory use of outdated 2014 ONS household projection figures when calculating unmet housing need using the standard method.

New clause 103—Onshore wind in the National Planning Policy Framework—

“(1) The Secretary of State must ensure that the National Planning Policy Framework (NPPF) is in accordance with subsection (2).

(2) The NPPF must not contain a presumption against a proposed wind energy development involving one or more turbines.”

This new clause would remove the presumption against onshore wind turbines, which is currently prevented in all cases by the inclusion of Footnote 54 in the NPPF.

New clause 104—Deliberative democracy: local planning—

“(1) Before the preparation of any development or outline plan the local planning authority must undertake a process of deliberative democracy which involving the community to set—

(a) the balance of economic, environmental, infrastructure and special plans,

(b) the type of housing to be delivered,

(c) the infrastructure that is required to be hosted,

(d) the type of economic space, and

(e) environmental considerations, including making sites sustainable.

(2) A process of deliberative democracy under this section must—

(a) invite all residents of the local authority area to apply to be a representative in the deliberative democracy process,

(b) include measures to try to ensure that there will be a diverse representation of that community in the process, and

(c) provide for a forum of representatives that—

(i) will determine its terms of terms of reference, number of meetings and agenda at its first meeting, and

(ii) will produce a report from the deliberative democracy process.

(3) A report under subsection (2)(c)(ii) may determine the scope of development on a site.”

This new clause would introduce a deliberative democracy forum comprised of members of the public prior to the formation of a new development plan or outline plan.

New clause 105—Nature restoration duty—

“(1) It is the duty of relevant Ministers to identify of and maintain a network of sites for the purposes of restoring and protecting the natural environment in local areas.

(2) By 2030 and thereafter, the network must include at least 30% of land in England that is protected, monitored and managed as a "protected site" or other effective area-based conservation measures for the protection and restoration of biodiversity.

(3) For the purposes of subsection (2), "protected site” means a site that satisfies the following conditions—

(a) habitats, species and other significant features of the natural environment with biodiversity value within the site are strictly protected from direct and indirect harm;

(b) management and monitoring provisions are made to ensure that habitats, species and other significant features of the natural environment with biodiversity value within the site are restored to and maintained at favourable condition and are subject to continuing improvement; and

(c) provision is made to ensure that conditions (a) and (b) are met in perpetuity.

(4) In carrying out duties under this section, the Secretary of State must be satisfied that—

(a) any areas of special interest for biodiversity in England as defined in section 28 of the Wildlife and Countryside Act 1981;

(b) all irreplaceable habitats; and

(c) areas identified in Local Nature Recovery Strategies that are protected in the planning system and managed for the recovery of the natural environment have been identified and designated as a protected site.”

This new clause would require relevant Ministers to identify and maintain a network of sites for nature to protect at least 30% of the land in England for nature by 2030. The clause defines the level of protection sites require to qualify for inclusion in the new network and requires key sites for nature to be included within it.

New clause 106—Churches and church land to be registered as assets of community value—

“(1) The Assets of Community Value (England) Regulations 2012 (S.I. 2421/2012) are amended as follows.

(2) After regulation 2 (list of assets of community value), insert—

“2A Parish churches and associated glebe land are land of community value and must be listed.””

This new clause would require parish churches and associated glebe land to be listed as assets of community value, meaning communities would have the right to bid on them before any sale.

New clause 107—Licensing scheme: holiday lets—

“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.

(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1) must require any owner of a holiday let to—

(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;

(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;

(c) secure a licence for the holiday let from the local authority prior to trading;

(d) obtain a licence and renew this licence—

(i) every three years,

(ii) when the property changes ownership, or

(iii) when there is a change in the person holding day to day responsibility for the property; and

(e) not let out a property without a valid licence.

(3) A local authority introducing a licensing scheme must—

(a) outline—

(i) the terms and conditions of the licence,

(ii) the application process for securing the licence, and

(iii) the licence renewal process;

(b) determine an annual licence fee for each licensed property;

(c) inspect any property prior to issuing a licence;

(d) require the owner of a short term holiday let to—

(i) apply for and hold a licence to operate for each property they let prior to trading,

(ii) pay a licence application fee and annual charge for the licence,

(iii) renew the licence as required by the local authority under their licensing scheme,

(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,

(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and

(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;

(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—

(i) the address of the property,

(ii) whether this is a shared property occupied by the owner or a separate let,

(iii) how many people are eligible to stay at the property, and

(iv) how many days of the year that the property will be advertised for letting and be let;

(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;

(g) monitor compliance with the licensing scheme;

(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and

(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.

(4) A licensing scheme must allow the local authority to—

(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;

(b) set limits and or thresholds on the level of the licencing permitted in any area;

(c) require property owners to renew their licences every three years, or when a property changes in ownership;

(d) issue fines or remove a licence of a property if—

(i) fire, health and safety conditions are breached,

(ii) criminal activity occurs at the property, or

(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or

(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and

(e) issue penalties or licensing bans on those renting properties without a licence.

(5) In this section—

an

“area” may be—

(a) a polling district;

(b) a ward; or

(c) the whole local authority area;

“holiday let” means—

(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or

(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;

“relevant local authority” means—

(a) a district council in England;

(b) a county council in England for an area for which there is no district council;

(c) a London borough council; (d) the Common Council of the City of London.”

This new clause provides for the introduction of a licensing scheme for holiday lets.

New clause 108—Review of Permitted Development Rights—

“(1) The Secretary of State must, within 12 months of this Act gaining Royal Assent, commission and publish an independent review of permitted development rights under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).

(2) The review should include an assessment of—

(a) the past effectiveness of permitted development rights in achieving housing targets;

(b) the quality of housing delivered under permitted development rights;

(c) the impacts of permitted development on heritage, conservation areas and setting;

(d) the estimated carbon impact of the use of permitted development rights since the expansion of permitted development to demolition;

(e) the relative cost to local planning authorities of processing permitted development compared to full planning consent;

(f) potential conflict between existing permitted development rights and the application of national development management policies;

(g) the impact of permitted development rights, or other policies in this Bill designed to deliver streamlined consent, on the efficacy of levelling-up missions.

(3) The review should make recommendations.”

This new clause requests a review of permitted development rights to run in conjunction with the development of national development management policies, which will examine the potential for conflict between existing rights and likely national policies. This review would examine the interaction between other permissive and streamlined consent provisions in the Bill.

New clause 109—Cycling, walking and rights of way plans: incorporation in development plans—

“(1) A local planning authority must ensure that the development plan incorporates, so far as relevant to the use or development of land in the local planning authority’s area, the policies and proposals set out in—

(a) any local cycling and walking infrastructure plan or plans prepared by a local transport authority;

(b) any rights of way improvement plan.

(2) In dealing with an application for planning permission or permission in principle the local planning authority shall also have regard to any policies or proposals contained within a local cycling and walking infrastructure plan or plans and any rights of way improvement plan which have not been included as part of the development plan, so far as material to the application.

(3) In this section—

(a) “local planning authority” has the same meaning as in section 15LF of PCPA 2004;

(b) “local transport authority” has the same meaning as in section 108 of the Transport Act 2000;

(c) a “rights of way improvement plan” is a plan published by a local highway authority under section 60 of the Countryside and Rights of Way Act 2000.”

This new clause would require development plans to incorporate policies and proposals for cycling and walking infrastructure plans and rights of way improvement plans. Local planning authorities would be required to have regard to any such policies and proposals where they have not been incorporated in a development plan.

New clause 110—Consistency with the mitigation of and adaptation to climate change—

“(1) The Secretary of State must aim to ensure consistency with the mitigation of, and adaptation to, climate change in preparing—

(a) national policy or advice relating to the development or use of land,

(b) a development management policy pursuant to section 38ZA of the Planning and Compulsory Purchase Act 2004.

(2) A relevant planning authority when making a planning decision must aim to ensure the decision is consistent with the mitigation of, and adaptation to, climate change.

(3) For the purposes of subsection (2), a relevant planning authority is as set out in section 81.

(4) For the purposes of subsection (2) a planning decision is a decision relating to—

(a) development arising from an application for planning permission;

(b) the making of a development order granting planning permission;

(c) an approval pursuant to a development order granting planning permission.

(5) For the purposes of this section—

(a) the mitigation of climate change shall include the achievement of—

(i) the target for 2050 set out in section 1 of the Climate Change Act 2008, and

(ii) applicable carbon budgets made pursuant to section 4 of the Climate Change Act 2008.

(b) adaptation to climate change shall include the achievement of long-term resilience to all climate-related risks, such as risks to health, well-being, food supply and infrastructure, including but not limited to—

(i) the mitigation of the risks identified in the latest climate change risk assessment conducted under section 56 of the Climate Change Act 2008, and

(ii) the achievement of the objectives of the latest flood and coastal erosion risk management strategy made pursuant to section 7 of the Flood and Coastal Water Management Act 2010.

(6) The meaning of the mitigation of, and adaptation to, climate change given by subsection (5) applies for the purposes of—

(a) Parts 2 and Part 3 of the Planning and Compulsory Purchase Act 2004,

(b) section 334 of the Greater London Authority Act 1999, and

(c) Part 10A of the Planning Act 2008.”

This new clause would require planning policy prepared by the Secretary of State to inform local plan-making and planning decisions, and planning decisions themselves (including those made by the Secretary of State) to be consistent with national targets and objectives for the mitigation of, and adaption to, climate change. To ensure consistency in implementation, the clause extends the definition to the requirements relating to the mitigation of, and adaption to, climate change set out in the bill.

New clause 111—Vacant higher value local authority housing—

“(1) The Housing and Planning Act 2016 is amended in accordance with subsection (2).

(2) Leave out Chapter 2 of Part 4.”

New clause 112—Registers of persons seeking to acquire land to build a home—

“(1) Section 1 of the Self-build and Custom Housebuilding Act 2015 is amended as follows.

(2) In subsection (A1) omit the words “or completion”.

(3) At the end of subsection (A1) insert “, where the individuals will have the main input into the full design and layout of their home.”

(4) In subsection (A2), for “who” substitute “, firm, business or company who or which”.

(5) At the end of subsection (A2) insert “, firm, business or company; and nor does it include off-plan homes, nor homes purchased at the plan stage prior to construction and without the main input into the full design and layout from the individual or individuals who will be the future occupiers.””

This new clause would clarify the legislation with respect to self-build and custom housebuilding to recognise that most homes are built by building firms, businesses or companies for individuals who want to build a home and that self-build and custom housebuilding means individuals must have main input into the full design and layout of their home.

New clause 114—Onshore wind planning applications—

“(1) The Secretary of State shall within six months of this Bill securing Royal Assent remove from the National Planning Policy Framework the current restrictions on the circumstances in which proposed wind energy developments involving one or more turbines should be considered acceptable.

(2) The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsection (3).

(3) In section 19 (preparation of local development documents), after (1B) insert—

“(1BA) Each local planning authority must consider how the desirability of the deployment of renewable energy, and specifically onshore wind generation, can be achieved in the local authority’s area.””

This new clause would commit the Secretary of State to revising the National Planning Policy Framework within six months of the Bill securing Royal Assent to remove the onerous restrictions it currently places on the development of onshore wind projects by deleting footnote 54 and ensure that local authorities are required to proactively identify opportunities for the deployment of renewable energy including onshore wind generation.

New clause 115—Duty to grant sufficient planning permission for self-build and custom housebuilding (No. 2)—

“(1) Section 2A of the Self-build and Custom Housebuilding Act 2015 is amended as follows.

(2) In subsection (2)—

(a) omit “suitable”; and

(b) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”.

(3) Omit subsection (6)(c).

(4) After subsection (6) insert—

“(6) Development permission must specify the precise number of dwellings which fall within the definition of self-build and custom housebuilding in this Act and must be subject to an express planning condition or planning obligation specifically requiring dwellings to be built in line with the definition of self-build and custom housebuilding in this Act, and only in respect of the specific number of dwellings so identified.”

(5) After subsection (9) insert—

“(10) Where individuals and associations of individuals who have registered on the register identified in section 1 have not had their demand met from one base period, they will have their demand added to the subsequent base period, provided those individuals or associations of individuals remain on the register or register in that subsequent base period.

(11) Unmet demand for self-build and custom housebuilding carries forward each year until it is met, provided the individual or associations of individuals continue to remain on the register or register each year and have not had their demand met.

(12) Once an individual or associations of individuals has been entered on the register identified in section 1, they shall not be removed from that register during the base period or for the three subsequent years during which the relevant authority is under a duty to meet the requirement for the base year in which the individual or associations of individuals has registered, other than with the express written consent of the individual or associations of individuals.””

This new clause provides that planning permission only qualifies towards meeting the demand for self-build and custom housebuilding if it is actually for self-build and custom housebuilding. It would also introduce a requirement to specify the precise number of dwellings which fall within this definition and clarify that the demand for self-build and custom housebuilding as recorded on an authority’s register is cumulative.

New clause 120—New use classes for second homes—

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses) for “whether or not as a sole or” substitute “as a”

(3) After paragraph 3 insert—

“3A Class C3A Second homes

Use, following a change of ownership, as a dwellinghouse as a secondary or supplementary residence by—

(a) a single person or by people to be regarded as forming a single household;

(b) not more than six residents living together as a single household where care is provided for residents; or

(c) not more than six residents living together as a single household where no care is provided to residents (other than a use within class C4).

Interpretation of Class C3A

For the purposes of Class C3A “single household” is to be construed in accordance with section 258 of the Housing Act 2004.””

New clause 121—New use classes for holiday rentals—

“(1) Part 1 of Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) is amended as follows.

(2) In paragraph 3 (dwellinghouses) after “residence” insert “other than a use within Class C3A)”.

(3) After paragraph 3 insert—

“Class C3A Holiday rentals

Use, following a change of ownership, as a dwellinghouse as a holiday rental property.””

New clause 122—Report on a resources and skills strategy for the planning sector—

“(1) The Secretary of State must, within 60 days of the day on which this Act is passed, establish a review of the—

(a) resources; and

(b) skills

within and to local planning authorities.

(2) The Secretary of State must lay a report on the findings of this review before Parliament no later than 6 months after this Act comes into force.

(3) A report under subsection (2) must include a strategy for—

(a) increasing resources to; and

(b) supporting the capacity of

local planning authorities.”

This new clause would require the Secretary of State to review resources and skills within local planning authorities and those potentially available to them such as Planning Performance Agreements and to report the findings to Parliament.

New clause 123—Housebuilding targets at a local level—

“(1) The Secretary of State must set each local authority a reasoned housebuilding target.

(2) If the local authority accepts the housebuilding target set by the Secretary of State, it must be incorporated into the local plan.

(3) If the local authority does not accept the housebuilding target set by the Secretary of State, the decision on the housebuilding target is subject to a decision at the local inquiry stage.”

New clause 124—Public consultation on planning and women’s safety—

“(1) The Secretary of State must, within 90 days of the day on which this Act is passed, open a public consultation to establish the impact of proposed changes to the planning system on women’s safety.

(2) Section 70 of the Town and Country Planning Act 1990 is amended in accordance with subsection (3).

(3) After subsection (2A), insert—

“(2B) In dealing with an application for planning permission for public development, a local planning authority must establish a review of how the proposed development would impact women’s safety. The review must in particular, consider the impact of proposed development on—

(a) open spaces,

(b) layout of buildings,

(c) unlit or hidden spaces,

(d) visibility of entranceways, and

(e) blind spots.

(2C) The local planning authority must prepare and publish a report setting out the results of the review.””

Government new schedule 1—Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards.

Amendment 20, in clause 75, page 85, line 9, at end insert—

“(1A) Regulations under this Chapter may require relevant planning authorities to process data in accordance with approved data standards relating to the number and nature of—

(a) second homes,

(b) holiday let properties

in the planning authority area.”

This amendment would enable planning data regulations to provide for the collection of data to national standards about second homes and holiday lets.

Amendment 78, in clause 83, page 91, line 28, leave out lines 28 to 30 and insert—

“(5C) But the development plan has precedence over any national development management policy in the event of any conflict between the two.”

This amendment gives precedence to local development plans over national policies, reversing the current proposal in inserted subsection (5C).

Amendment 77, page 91, line 30, at end insert

“, subject to subsection (5D).

(5D) But any conflict must be resolved in favour of the development plan in an area if—

(a) in relation to it, regulations under section 16 of the Levelling-up and Regeneration Act 2023 have been made to provide for the town and country planning function and the highways function and any functions exercisable under the Environment Act 2021 of a county council or a district council that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,

(b) if, in relation to it, regulations under section 17 of the Levelling-up and Regeneration Act 2023 have been made to provide for at least one function of another public body that is exercisable in relation to an area which is within a county combined authority area to be exercisable by the CCA in relation to the CCA's area,

(c) it has a joint spatial development strategy, or

(d) it is in Greater London.”

This amendment would place limits on the primary of national development management policies over the development plan where a Combined County Authority had been handed planning, highways, environmental powers and at least one function of another public body under a devolution deal, in areas covered by a joint spatial development strategy and in Greater London.

Amendment 79, in clause 84, page 92, line 9, leave out lines 9 to 16 and insert—

“(2) Before designating a policy as a national development management policy for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of that policy.

(3) A policy may be designated as a national development management policy for the purposes of this Act only if the consultation and publicity requirements set out in clause 38ZB, and the parliamentary requirements set out in clause 38ZC, have been complied with in relation to it, and—

(a) the consideration period for the policy has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

(b) the policy has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 38ZC, and

(ii) before the end of the consideration period.

(4) In subsection (3)

“the consideration period” ,in relation to a policy, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 38ZC, and here “sitting day” means a day on which the House of Commons sits.

(5) A policy may not be designated a national development management policy unless—

(a) it contains explanations of the reasons for the policy, and

(b) in particular, includes an explanation of how the policy set out takes account of Government policy relating to the mitigation of, and adaptation to, climate change.

(6) The Secretary of State must arrange for the publication of a national policy statement.

38ZB Consultation and publicity

(1) This section sets out the consultation and publicity requirements referred to in sections 38ZA(3) and 38ZD(7).

(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal. This is subject to subsections (4) and (5).

(3) In this section “the proposal” means—

(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or

(b) (as the case may be) the proposed amendment (see section 38ZD).

(4) The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.

(5) If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.

(6) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.

38ZC Parliamentary requirements

(1) This section sets out the parliamentary requirements referred to in sections 38ZA(3) and 38ZD(7).

(2) The Secretary of State must lay the proposal before Parliament.

(3) In this section “the proposal” means—

(a) the policy that the Secretary of State proposes to designate as a national development management policy for the purposes of this Act or

(b) (as the case may be) the proposed amendment (see section 38ZD).

(4) Subsection (5) applies if, during the relevant period—

(a) either House of Parliament makes a resolution with regard to the proposal, or

(b) a committee of either House of Parliament makes recommendations with regard to the proposal.

(5) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.

(6) The relevant period is the period specified by the Secretary of State in relation to the proposal.

(7) The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).

(8) After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

38ZD Review of national development management policies

(1) The Secretary of State must review a national development management policy whenever the Secretary of State thinks it appropriate to do so.

(2) A review may relate to all or part of a national development management policy.

(3) In deciding when to review a national development management policy the Secretary of State must consider whether—

(a) since the time when the policy was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out would have been materially different.

(4) In deciding when to review part of a national development management policy (“the relevant part”) the Secretary of State must consider whether—

(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(5) After completing a review of all or part of a national development management policy the Secretary of State must do one of the following—

(a) amend the policy;

(b) withdraw the policy's designation as a national development management policy;

(c) leave the policy as it is.

(6) Before amending a national development management policy the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

(7) The Secretary of State may amend a national development management policy only if the consultation and publicity requirements set out in section 38ZB, and the parliamentary requirements set out in section 38ZC, have been complied with in relation to the proposed amendment, and—

(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b) the amendment has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 38ZA, and

(ii) before the end of the consideration period.

(8) In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament, and here “sitting day” means a day on which the House of Commons sits.

(9) If the Secretary of State amends a national development management policy, the Secretary of State must—

(a) arrange for the amendment, or the policy as amended, to be published, and

(b) lay the amendment, or the policy as amended, before Parliament.”

This amendment stipulates the process for the Secretary of State to designate and review a national development management policy including minimum public consultation requirements and a process of parliamentary scrutiny based on processes set out in the Planning Act 2008 (as amended) for designating National Policy Statements.

Amendment 21, in clause 88, page 94, line 28, at end insert—

“(aa) policies (however expressed) relating to the proportion of dwellings which may be in—

(i) use class 3A (second homes), or

(ii) use class 3B (holiday rentals)

under Schedule 1 of the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764).”

This amendment would enable neighbourhood plans to include policies relating to the proportion of dwellings which may be second homes and short-term holiday lets under use classes created by NC38.

Amendment 22, page 94, line 28, at end insert—

“(aa) policies (however expressed) limiting new housing development in a National Park or an Area of Outstanding Natural Beauty to affordable housing;”

This amendment would enable neighbourhood development plans to restrict new housing development in National Parks and AONBs to affordable housing.

Amendment 74, page 95, line 6, at end insert—

“(B1) A neighbourhood development plan must include proposals to—

(a) achieve net zero,

(b) promote and increase local biodiversity, and

(c) improve local levels of recycling.”

Amendment 4, page 95, line 11, after “contribute” insert

“to the mitigation of flooding and”.

This amendment would require neighbourhood development plans to be designed to secure that the development and use of land in the neighbourhood area contribute to flood mitigation.

Amendment 95, in clause 90, page 96, line 34, at end insert—

“(3A) Where regulations under this section make requirements of a local authority that is failing to deliver a local plan in a timely way, the plan-making authority must consult the local community on the contents of the relevant plan.”

This amendment would require, in the event of a local authority failing to deliver a local plan in a timely way, those taking over the process to consult with the community.

Amendment 23, in clause 92, page 98, line 39, at end insert—

[Lucy Frazer]

Our houses are not just bricks and mortar; they are homes. And those who live around us are not just our neighbours; they are our communities. We all want to live in streets that uplift our spirits and where our children, and their children, can afford to live and own their own homes alongside us. Churchill once said:

“We shape our buildings and afterwards our buildings shape us.”—[Official Report, 28 October 1943; Vol. 393, c. 403.]

So too, if we empower our communities, they will empower us.

We know that we can do more to ensure that, when we expand our communities, we do so in the right places, with the right infrastructure, and with the support of local people and local representatives. The think-tank Demos asked people whether they would prefer to have more say over how money is spent in their area, or to have more money. People were twice as likely to say that they would prefer to have more say and less money. Our Bill seeks to provide opportunities for collaboration and empowerment. It provides more opportunity for more homes that are beautiful, supported by infrastructure, delivered with democracy, which level up across our country.

I thank all colleagues for their extensive engagement, highlighting to me, to the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Kensington (Felicity Buchan), and to the Secretary of State the issues and concerns in their local areas. All represent different and diverse areas across the country: rural and urban, coastal and remote, island and inner city. I thank in particular my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and my hon. Friend the Member for Isle of Wight (Bob Seely) for their constructive contribution on this issue and their unwavering commitment to our planning system and their constituents.

I also thank my right hon. Friends the Members for Ashford (Damian Green) and for Romsey and Southampton North (Caroline Nokes), my hon. Friends the Members for Gosport (Dame Caroline Dinenage), for Aylesbury (Rob Butler), for Rushcliffe (Ruth Edwards), for North Devon (Selaine Saxby) and for Buckingham (Greg Smith), and the many Members across the House who have contributed significantly to our policy decisions on these issues.

It is important that we build homes this country needs in the places that we need homes most. We have a moral responsibility to get on and build, but we also have a responsibility to our existing communities to do so in the right way and with community support.

National Insurance Contributions Increase

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Tuesday 8th March 2022 Commons Chamber

[The Financial Secretary to the Treasury (Lucy Frazer)]

It is a privilege to close the debate on behalf of the Government and I echo the words of my right hon. Friend the Chief Secretary to the Treasury about the situation in Ukraine. Our thoughts are, of course, with the men, women and children struggling to comprehend and respond to the day-to-day realities of the Russian invasion.

I turn to the specifics of the motion and the health and social care levy. We must—and we will—press ahead. In fact, as the hon. Member for Ealing North (James Murray) recognised, legislation has already been debated and enacted. Introducing the levy was a tough but responsible choice, which is what good government is all about.

My hon. Friend the Member for Broadland (Jerome Mayhew) said that these are good proposals and that we need to spend the money on health and social care. The levy is a means to tackle a number of crucial ends: tackling the backlog in our national health service and aiding its recovery from the challenges of covid, while finally enacting long-term reform of social care, an issue that too many Governments have ducked for too long. As my hon. Friend the Member for South Cambridgeshire (Anthony Browne) said, other Governments have simply put it on the “too difficult to do” pile. As he recognised, it needs serious and sustained funding. A record £13 billion a year on average will now be invested in the NHS and social care by way of a new UK-wide 1.25% ringfenced levy based on national insurance contributions and an equivalent increase in dividend tax rates.

Many Opposition Members, including the hon. Members for Merthyr Tydfil and Rhymney (Gerald Jones), for Ellesmere Port and Neston (Justin Madders)—[Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is getting very noisy again. Please respect the Minister, who is winding up the debate. Let us listen to what she has to say.

[Lucy Frazer]

Thank you, Madam Deputy Speaker. I was just highlighting the number of Opposition Members, including the hon. Members for Easington (Grahame Morris) and for Liverpool, Riverside (Kim Johnson), who challenged the Government, as others have, on their approach to the cost of living. But the plain truth is that we recognise the pressure that people face. We have done what we can to ease that pressure and will continue to explore other measures.

Frankly, our actions speak for themselves. During the pandemic, we provided more than £400 billion of direct support to the economy, protecting millions of jobs and livelihoods. The hon. Member for Cynon Valley (Beth Winter) said that we should invest more, but we are spending more than £600 billion on gross public sector investment over the course of the Parliament.

The hon. Member for Leeds West (Rachel Reeves) said that we should have acted on the cost of living in September. But we did. The Government are providing support worth more than £20 billion across this financial year and next that will help families with the cost of living. We provided that funding not just in September; we have consistently tried to support those on the lowest incomes. As the hon. Member for Vauxhall (Florence Eshalomi) mentioned, it is important that we support those who need it most and, since 2010, Conservative Governments have kept lower-paid people out of tax. The income tax personal allowance threshold has increased by over 90%, meaning that a typical basic rate taxpayer now pays £1,200 less a year than they would have done without our changes.

A number of Members have discussed whether the system we are introducing is progressive. The hon. Member for Luton South (Rachel Hopkins) and the hon. Member for Cynon Valley challenged that, but it obviously is when 14% of taxpayers are paying 50% of the tax and the highest 2% of taxpayers are paying 20% of the tax. As well as that, the levy will ensure that those on the lowest income get the most support. In our reformed system, total social care spend on the least wealthy 20% of older adults will be £4.24 billion in 2021-22 in a steady state compared with £0.51 billion on the wealthiest 20% of older adults. That shows that the lowest wealth quintile continues to receive the most state support.

The hon. Member for Salford and Eccles (Rebecca Long Bailey) and the hon. Member for Luton South said that we should cancel this tax because it was unfair, and they both quoted the IFS. When we introduced this levy, Paul Johnson, the director of the IFS, said that this was an “overall much needed” reform to social care and that

“unavoidable pressures on the NHS are being funded through a broad based and broadly progressive tax increase”.

I turn to the very important topic of fiscal responsibility. As my hon. Friends the Members for South Cambridgeshire and for Broadland commented, if we do not bring in this tax rise, the alternative is more borrowing. We cannot and should not abdicate our fiscal responsibilities. As my hon. Friend the Member for North Norfolk (Duncan Baker) said, we spent £400 billion during the course of covid. We are in debt and we need to be honest about the situation. Our level of debt means that we are vulnerable to shocks, including changes in interest rates and inflation. The public finances are stronger as a result of our early, bold action to support the economy during the pandemic and because we did not shy away from tough choices.

Our new fiscal rules demonstrate fiscal responsibility and will keep the public finances on track in the years to come. [Interruption.] The hon. Members for Gordon (Richard Thomson) and for Aberdeen North (Kirsty Blackman) talked about young people, but if we do not bring in these taxes—[Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I do not think the Minister will speak for that much longer, so please will hon. Members keep the noise down and hear what she has to say?

[Lucy Frazer]

If we do not bring in this taxation, we will have future generations left paying bills in our stead.

In conclusion, this has been an important and constructive debate concerning issues that matter deeply and on which we as a Government will not compromise. Being in Government is about making the best possible decisions on behalf of the British people. The health and social care levy is emblematic of that responsibility. It is the right policy at the right time for the right reasons.

Question put and agreed to.

Resolved,

That this House calls on the Government to cancel its planned 1.25 percentage point rise in National Insurance Contributions that will cost families an average of £500 per year from April 2022.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I will now suspend the sitting. The Division bells will ring two minutes before we resume informally to hear President Zelensky’s address.

National Insurance Contributions Bill

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Consideration of Lords amendments
Tuesday 1st March 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must draw the House’s attention to the fact that financial privilege is engaged by all of the Lords amendments 2, 4, 1, 3, 5, 6, 7, 8, 9, 10, 11 and 12. If any of the Lords amendments are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Clause 2

Freeport conditions

5.51 pm

[The Financial Secretary to the Treasury (Lucy Frazer)]

I beg to move, That this House disagrees with Lords amendment 2.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 4, and Government motion to disagree.

Lords amendments 1, 3 and 5 to 12.

[Lucy Frazer]

I welcome this small but important Bill on its return to this House and I am pleased to speak to it for the first time. I pay tribute to my ministerial colleague, Viscount Younger of Leckie, for his work on it in the other place, and to my right hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), who so capably led it when it was first before the House.

There are 12 Lords amendments for our consideration today and I will first address Lords amendments 2 and 4, which, as Madam Deputy Speaker has highlighted, engage the financial privilege of this House. The Government ask the House to reject them for the reasons that I will set out. Lords amendment 2 is the first of two amendments on which the other place voted to make changes to the Bill. It adds an additional condition whereby freeport national insurance contribution relief would be available only if the freeport governance body maintained a public record of beneficial ownership of businesses operating in the freeport tax site.

The Government believe that the Lords amendment, which was made by the other place, is unnecessary and should not be accepted. Throughout the bidding prospectus and subsequent business case processes, prospective freeports were required to set out how they will manage the risk of illicit activity. Those plans were scrutinised by officials in the Border Force, Her Majesty’s Revenue and Customs, the National Crime Agency and others.

Additionally, the freeports bidding prospectus set out that each freeport must agree a governance structure with the Government. While each port can design its own governance structure to meet the local needs of the port, it must meet the criteria set out by the Government in the freeports bidding guidance. That means that the Government already require each freeport governance body to undertake reasonable efforts to verify the beneficial ownership of businesses operating within the freeport tax site and to make that information available to HMRC, law enforcement agencies and other relevant public bodies. It is therefore a condition of being granted freeport status that there is an appropriate level of oversight.

That is a proportionate approach, which means that the local area and law enforcement can take effective measures to ensure the security and propriety of operations within the freeport. The difference between the amendment and the existing requirement on freeport governance bodies is simply a requirement for the freeport governance body to make its record of beneficial ownership available to the general public, as well as to law enforcement.

Given the nature of the information, we do not think it would be appropriate for the freeport governance body to release this information publicly. This is because the freeport governance board is a third party, and therefore does not have the locus to release such information about a business to the public. The second reason is that such a requirement would also partially duplicate the People with Significant Control register at Companies House where there is already an onus on the company itself to provide information.

However, hon. Members will also be aware that, as a Government, we are bringing in a number of measures to ensure that we have transparency. Last week, the Prime Minister announced the Economic Crime (Transparency and Enforcement) Bill to further crack down on dirty money and maintain the UK’s position as a world leader in corporate transparency, and we have heard much of that in this House today. That Bill will introduce a register of overseas entities beneficial ownership of UK property to crack down on foreign criminals using UK property to launder money. It will reform our unexplained wealth orders regime to help target more corrupt elites and it will strengthen the Treasury’s ability to take action against sanction breaches.

We will also publish details of the planned fundamental reform of Companies House, which is designed to clamp down on money laundering and illicit finance. Once the register of overseas entities is implemented, it will be the first of its kind in the world. That is good news for the UK, enhancing our strong reputation as an honest and trusted place in which to do business. I hope that, with these assurances, this House will reject Lords amendment 2.

Lords amendment 4 is the second amendment on which the other place voted to make changes to the Bill. It provides the Treasury with the power to amend the eligibility period attached to zero-rate relief for armed forces veterans. The Government believe that this amendment made by the other place is not necessary and should not be accepted. I will explain to this House why that is the case. The Government have considered this measure in detail and consulted extensively on the relief. It included a policy consultation that ran from July to October 2020 and a technical consultation that ran from January to March 2021. A significant number of respondents agreed that the relief is a positive step forward towards supporting the recruitment of veterans and could help break down the barriers and negative perceptions surrounding veterans.

After considering the responses, we felt that a 12-month qualifying period struck the right balance between supporting veterans as they transitioned to civilian life and wider taxpayers’ interests. Members should also be aware that employer representatives, such as the Federation of Small Businesses, welcomed the 12-month relief when it was announced. This policy provides employers in the 2021-22 tax year with up to £5,500 of relief. It is also one part of the Government’s broader strategy to support veterans.

The Government recently published the veterans’ strategy action plan for 2022 to2024. That contains more than 60 policy commitments worth more than £70 million in a diverse range of areas, reflecting the varied streams of Government support on offer.

Furthermore, at the 2021 Budget and spending review, £10 million was provided to support mental health via charities provisions and £5 million to the health innovation fund, providing cutting-edge treatment for veterans. In August 2021, £2.7 million was provided to strengthen veteran health support further, including facilitating the expansion of Op Courage, and a further £5 million was provided in September 2021 for those struggling after the Afghanistan withdrawal. The Bill already contains other levers to increase the generosity of this relief, if needed, such as increasing the threshold that employers of veterans start paying NICs and extending the overall period of the relief. These proposed additional powers are therefore not necessary. With these reassurances, I hope that the House will reject Lords amendment 4.

The remaining 10 Lords amendments were tabled by the Government and I hope that this House will support them. Lords amendments 1, 3 and 5 to 9 legislate for the threshold at which employers that qualify for these reliefs start to pay NICs. The amendments set the threshold for the 2022-23 tax year for freeport employers and for the 2021-22 and 2022-23 tax year for the employers of veterans. These thresholds have been set at £25,000 per annum for freeport employers and £50,270 for employers of veterans. Both those figures have been publicly communicated during the Bill’s passage. These thresholds are normally set through regulations, but due to the timing of this Bill they are being set in primary legislation.

Finance (No. 2) Bill

Debate between Baroness Winterton of Doncaster and Lucy Frazer

Committee stage
Wednesday 1st December 2021 Commons Chamber

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government amendments 2 and 3.

Clause 28 stand part.

Clauses 53 to 66 stand part.

Clauses 84 to 90 stand part.

That schedule 12 be the Twelfth schedule to the Bill.

Clause 91 stand part.

That schedule 13 be the Thirteenth schedule to the Bill.

Clause 92 stand part.

New clause 5—Reviews of Economic Crime (Anti-Money Laundering) Levy—

‘(1) The Government must publish a review of the operation of the Economic Crime (Anti-Money Laundering) Levy by 31 December 2027.

(2) The Government must publish on 31 December each year until the establishment of a register of beneficial owners of overseas entities that own UK property—

(a) an assessment of the contribution to the effectiveness of the Levy that such a register would make; and

(b) an update on progress toward implementing such a register.’

This new clause will put into law the Government’s commitment to undertake a review of the Levy by the end of 2027, and require them to publish an assessment every year until a register of beneficial owners of overseas entities that own UK property is in place an assessment of what impact such a register would have on the effectiveness of the Levy, and progress toward the register being established.

New clause 7—Reporting on provisions relating to publication of information about tax avoidance schemes—

‘(1) The Chancellor of the Exchequer must, within three months of the passing of this Act, lay before the House of Commons and publish a review of the impact of measures contained within this Act that relate to the publication by HMRC of information about tax avoidance schemes.

(2) The review undertaken by the Chancellor under subsection (1) must include commissioning an independent assessment of the information published by HMRC about disguised remuneration loan schemes.

(3) The independent assessment under subsection (2) must include consideration of the following with respect to the purposes set out in section 85(1)(a) and (b) of this Act—

(a) HMRC’s approach to the loan charge scheme; and

(b) recommendations for altering that approach.

(4) The Government must before the review commences make a statement to the House of Commons stating what efforts have been taken to guarantee the independence of the assessment under subsection (2).

(5) The Government must within three months of the publication of the review under subsection (1) make a statement to the House of Commons stating which of any recommendations under subsection (3)(b) it will be accepting, and give reasons for any decision not to accept one or more of those recommendations.

(6) The Government must every six months after the publication of the review in subsection (1) make a statement to the House of Commons stating what progress has been made towards implementing any of the recommendations that arise from subsection (3)(b) which the Government has accepted.’

This new clause would require the Government to review the impact of measures contained in clause 85 of the Bill, and as part of that to commission an independent review of the information published by HMRC about disguised remuneration loan schemes. This independent assessment must consider HMRC’s approach to the loan charge scheme and consider recommendations for altering that approach, and the Government would be required to state to the House its response to the recommendations.

New clause 12—Assessment of Economic crime (anti-money laundering) levy—

‘The Government must publish within 12 months of the Act coming into effect an assessment of the impact of Part 3 of this Act (Economic crime (anti-money laundering) levy) on the tax gap and how it has affected opportunities for tax evasion, tax avoidance, and other economic crimes.’

This new clause would require an assessment of the impact of the Economic crime (anti-money laundering) levy on the tax gap and on opportunities for tax avoidance, evasion and other economic crimes.

New clause 13—Review of avoidance provisions of sections 84 to 92 on the tax gap—

‘The Government must publish within 12 months of the Act coming into effect an assessment of the provisions in sections 84 to 92 of this Act on the tax gap in the UK.’

This new clause would require an assessment of the impact of the provisions on tax avoidance in clauses 84 to 92 on the tax gap.

New clause 14—Review of provisions of section 85 and publication of information on overseas property ownership—

‘(1) The Government must publish within 12 months of this Act coming into effect an assessment of the impact of the provisions of section 85 about the publication by HMRC of information about tax avoidance schemes.

(2) This assessment must include consideration of the impact of the publication of a register of overseas property ownership upon the promotion of tax avoidance in the UK.’

This new clause would require an assessment of the impact of the provisions of clause 85, and consideration of the impact of publishing a register of overseas property ownership.

New clause 15—Review of Economic crime (anti-money laundering) levy rates—

‘(1) The Government must within six months of the Economic crime (anti-money laundering) levy coming into effect lay before the House of Commons an assessment of the effectiveness of rates of the levy in section 54(2) in achieving the levy’s objectives.

(2) The assessment under (1) must also make an assessment of how the effectiveness of the levy would be changed if each of the rates of the levy in section 54(2) were (a) doubled and (b) tripled.’

This new clause would require the Government to assess the effectiveness of the proposed levy rates and of levy rates twice and three times as high.

[Lucy Frazer]

This Government are committed to making the UK a hostile place for economic crime and illicit finance. In recent years, the Government have taken major steps to achieve this goal. For instance, our landmark 2019 economic crime plan set out 52 actions to be taken by both the public and private sectors to ensure that the UK is not exploited by such criminals. However, as we set out in our report on progress on the economic crime plan earlier this year, both the public sector and the private sector must contribute if we are to deliver these reforms. The Bill therefore introduces a new economic crime levy, which aims to raise around £100 million a year to help to fund additional action on money laundering. The revenue raised through the levy will supplement the Government’s investment, announced at this year’s spending review, of £18 million in 2022-23 and £12 million a year in 2023-24 and 2024-25 to tackle fraud and money laundering.

The Bill also introduces new powers and penalties to clamp down further on tax avoidance, tax evasion and other forms of non-compliance, building on the Government’s strong record in this area.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Clauses 69 to 71 stand part.

Clause 93 stand part.

That schedule 14 be the Fourteenth schedule to the Bill.

[Lucy Frazer]

VAT is our third-biggest tax. It raised £130 billion in 2019-20, making a major contribution to the public finances. It helps to pay for our schools, hospitals and police throughout the UK.

Now that we have left the EU, we are free to set our own VAT rules and are already using that freedom to create a fairer, more robust tax system. We have altered how VAT is paid on low-value consignments from overseas suppliers. We have also implemented changes to passengers’ policy and introduced a zero rate on women’s sanitary products. On top of all that, we are reviewing the UK funds regime, including the VAT treatment of fund management fees. We are establishing an industry working group to review how financial services are treated for VAT purposes. As I have illustrated, this Government are focused on using our new freedoms to create a VAT system that is ready for the future, and the measures in the Bill build on that work.

Some clauses being discussed today will be of most relevance to businesses and consumers in Northern Ireland. The UK has implemented the Northern Ireland protocol in a way that seeks to protect the UK internal market. Today’s clauses play a part in achieving that objective by allowing Northern Ireland businesses and consumers to have the same economic opportunities as those in the rest of the UK.

Finally, as Members will be aware, freeports are an important part of the Government’s levelling-up agenda. We see them as central to our goal of sparking regeneration, creating jobs and inspiring innovation throughout the country. One of the clauses that we are debating today supports the delivery of their VAT benefits.

Let me turn to the clauses themselves. The second-hand car sector in Northern Ireland relies heavily on sourcing vehicles in Great Britain for resale in Northern Ireland. Clauses 68 to 70 will together ensure that second-hand car dealers in Northern Ireland can continue to sell cars and other motor vehicles sourced in Great Britain and the Isle of Man on an equal footing with their counterparts in the rest of the UK.

Under the Northern Ireland protocol, the VAT second-hand margin scheme is not available for goods in Northern Ireland if they were purchased in Great Britain or the Isle of Man. This means that motor vehicle dealers in Northern Ireland must account for VAT in full on sales of these vehicles rather than on the profit margin. That would disrupt the UK’s internal market, potentially increase prices for consumers or costs for businesses and risk undermining the trade in motor vehicles in Northern Ireland altogether. It is only right that the Northern Ireland used car industry has the same economic opportunities as that of the rest of the country. That is why the Government are actively discussing arrangements with the EU to enable the margin scheme to continue in Northern Ireland for cars sourced from Great Britain.

Clause 68 provides the legislative basis for an interim arrangement that allows dealers in Northern Ireland to continue to use the VAT second-hand margin schemes for vehicles sourced in Great Britain once an agreement is reached with the EU. This interim arrangement will be available for motor vehicles first registered before 1 January 2021. It will end once the second-hand export refund scheme is introduced.

Clause 69 introduces a power to bring in an export refund scheme, which the Government intend to apply to second-hand motor vehicles. The aim of this permanent scheme, once introduced, is to give dealers in Northern Ireland a comparable financial outcome to the margin scheme. The clause achieves this by enabling businesses to claim a refund equivalent to VAT on the price they paid on used vehicles. The scheme will be available for used motor vehicles moving to Northern Ireland and the EU from Great Britain. Legislation to implement the scheme will be introduced once we have held further discussions with the industry.

Clause 70 simply makes some consequential changes to VAT to limit the zero rate for export or removal of goods where they are subject to the margin scheme. This is a technical measure that will ensure that businesses are not at an advantage compared with before the end of the transition period. Businesses will still be able to export goods at zero rate outside the margin scheme. This ensures consistency of treatment across the UK.

These clauses are necessary to ensure that the motor vehicle sector and consumers in Northern Ireland are not disadvantaged. Taken together, they will benefit the 500 businesses that trade in used cars in Northern Ireland.

Clause 71 makes changes to extend a VAT exemption to the importation of dental prostheses. Before the end of the transition period, such prostheses were supplied by registered dentists or dental technicians between Great Britain and Northern Ireland, and were exempt from VAT because an exemption applies to domestic sales. However, following the end of the transition period, the exemption no longer applies to the movement of these goods between GB and Northern Ireland. As the VAT that is due cannot be recovered by the registered dentist, there is a risk that it might be passed on to patients. The changes made by clause 71 extend the current domestic UK VAT exemption to include dental prostheses imported into the UK, including those moving between GB and Northern Ireland, ensuring that we meet our international obligations, and that VAT treatment between GB and Northern Ireland is consistent.

Clause 93 and schedule 14 concern the treatment of goods in the customs-free zones, which are located in freeports. Freeports will help to regenerate areas across the country and bring prosperity to the regions. The Government have already legislated for a beneficial VAT regime on certain business-to-business transactions while in the free zone of a freeport. Clause 93 makes additional VAT elements to freeports by introducing an exit charge to ensure that VAT is collected on goods that have benefited from a zero rate of VAT in a free zone to prevent tax losses or unintended VAT advantage. It therefore maintains a level playing field for UK businesses.

The clause also amends existing VAT legislation to remove any conflict with the new free zone rules. Finally, the clause gives HMRC the power through regulations to adapt the exit charges provisions as necessary. This will ensure that the exit charge is correctly targeted—for instance, to prevent any abuse of the VAT zero rate. Clause 93 and schedule 14 therefore prevent tax loss by introducing an exit charge, and provide clarity to free zone rules by amending existing legislation that may conflict with them.

Our VAT measures take advantage of the opportunities following our exit from the EU to allow our businesses to prosper. I urge the Committee to ensure that clauses 68 to 71, and 93, stand part of the Bill, and that schedule 14 be the fourteenth schedule to the Bill.

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Debate between Baroness Winterton of Doncaster and Lucy Frazer

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

[Madam Deputy Speaker]

I can now inform the House that I have completed certification of the Bill, as required by the Standing Order. I have confirmed the view expressed in Mr Speaker’s provisional certificate issued earlier today. Copies of my final certificate will be made available in the Vote Office and on the parliamentary website.

Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are available in the Vote Office and on the parliamentary website, and have been made available to Members in the Chamber. Does the Minister intend to move the consent motion?

[Lucy Frazer]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Dame Rosie Winterton in the Chair]