Co-operative and Community Benefit Societies (Environmentally Sustainable Investment) Bill

Anthony Mangnall Excerpts

2nd reading & 2nd reading: House of Commons
Friday 11th September 2020 Commons Chamber

[Anna McMorrin]

The real point I was making is that the regulatory framework and legislation put in place by the Labour Welsh Government have allowed such projects to come to the fore, particularly community energy projects—and in fact onshore wind, which has not been the case in England—but I thank the hon. Gentleman for his comments.

My green share Bill unlocks an exciting market for external investment in co-operatives and mutuals, allowing them to grow, maintaining competitiveness and investing in green sustainable projects.

[Anthony Mangnall (Totnes) (Con)]

I am fascinated by what the hon. Lady is saying, but could she clarify where she draws the line on green projects? Does carbon capturing come into it? There are myriad projects out there that have their pros and cons. Where does she, in this Bill, draw that line?

[Anna McMorrin]

Environmental sustainability needs to be defined. At the moment, co-operatives have very strong environmental sustainability values at their heart, but that would clearly need to be set out in the confines of this Bill.

Added to that, environmental and social governance, or ESG, is the buzzword of the City right now. Investors have flooded into the market looking to immunise their portfolios against climate risk and help promote a sustainable recovery from this pandemic. This Bill provides such an opportunity or pathway for investment, and it would be a travesty if this Government were to walk away from that opportunity.

My Bill is not just warm words on the environment. It would provide a genuine route towards greening our local communities for the benefit of all, creating green jobs, creating green skills, raising capital for the vital retrofitting of housing association stock, and strengthening sustainable and secure sources of good-quality British food and produce from British farms. The list is endless. My Bill is a bid to match co-operative values to the mission of climate action, with communities pooling resources collectively to install and generate energy; taking small steps with huge benefits, such as creating cheap renewable energy, so that no one in the community is left behind by rising energy costs and fuel poverty or priced out of green evolution.

Co-operatives UK expects there to be 1 million employee and worker owners in the UK co-operatives sector by 2030, but we can go one step further: we can ensure that co-operatives kickstart a local green economy and create local jobs and skills. There are Awel and Egni co-operatives and others across the country, such as Brixton energy and Bristol energy co-operatives and OrganicLea, a co-operative farm that trains local people. Initiatives such as these spark local imagination and creativity and put the power back into the hands of local people.

The Bill is about not just the co-operatives of today, but the ones of tomorrow that could be born out of the successes of this Bill—the co-operative bus and rail companies creating genuinely affordable and environmentally sustainable modes of transport as we decarbonise our roads, or seed capital for communities to take over local utilities. In Wales, we have Dwr Cymru, which is a prime example of a semi-mutual water company run on a not-for-profit basis, with profits invested and recycled solely for customer benefit. I am thinking of co-operative run social care, childcare and other communal services, as proposed by the Welsh Co-operative Centre in its “better, fairer, more co-operative Wales” report, or even co-operative agriculture, food production, or community zero-waste cafés and restaurants, such as SHRUB co-op in Edinburgh. Action is needed—not empty words and greenwash—and that is what my Bill aims to deliver.

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[John Lamont]

I am grateful for that point, but the fact that the hon. Lady had to make it suggests that it is not entirely clear in the Bill. Hopefully, during the Bill’s progress, we can get clarity on the face of the Bill about how that will work in practice.

It is argued that these redeemable shares are important on two levels. The first is the important benefits of environmentally sustainable investment—for example, in the retrofitting of existing housing association homes or the expansion of renewable energy co-operatives. The second is the benefits to co-operatives themselves. Co-operatives UK is just one advocate of such redeemable shares, noting that they could be

“particularly useful for larger societies raising significant equity investment from individual and institutional non-user investor members.”

It notes that redeemable shares

“provide a straightforward and clear exit route for shareholders, just as withdrawal does, but would be fully under the control of the society.”

This Bill will not only allow co-ops and community associations to raise private investment capital for environmentally sustainable purposes, but it also has profound wider benefits. Locally, our communities and economies would benefit from the development of green jobs and skills, and the Bill might be part of that. In my constituency, there is clear evidence that that is happening already, but we need to do more to facilitate it. More widely, we could see benefits in the form of cheaper, greener energy; warmer, more energy-efficient homes; and cheaper, more sustainably and locally sourced food. For my constituents and the rural economy in the Scottish borders, the Bill could encourage such initiatives.

Equally important are the safeguards in the Bill. Such protections prevent the undermining of the co-ops’ or societies’ ethos or their conversion into commercial companies through the issuing of green shares. Upholding the ethos of co-operatives and community benefit societies is crucial to the success of the Bill and the aims behind it and to sustain the longevity of these societies. I am confident that those objectives can be achieved through the provisions in the Bill, which include limiting voting rights to one vote, regardless of the value or number of shares held, limiting the rights of investors to the assets of the society in the event of its liquidation, limiting the ability of investors to de-mutualise and, lastly, enabling societies to remove the right to vote for their conversion into a company.

[Anthony Mangnall]

My hon. Friend spoke well about the importance of localism and of co-ops, which all our constituencies benefit from. Does he fear that if we open these organisations up to external investors, we will water down the focus of localism?

[John Lamont]

Yes, absolutely, that will be one of the challenges. In my experience, the benefits of these co-operatives and societies has been the local engagement, and the danger is that outside influence could change that ethos and approach.

As other Members have noted, the Bill’s foundations are in using investment for wider good. This is an important step forward, in terms of shining a spotlight on this type of business model and highlighting the importance of environmentally sustainable investment, but more needs to be done.

Last year, a study commissioned by the Department for International Development examined public demand in the UK for sustainable development opportunities. That was the most comprehensive study of the UK public’s demand for such opportunities, understanding whether people want the impact on people and the planet to be considered in investment decisions. Generally, the survey found that 68% of UK savers want their investments to consider the impact on people and the planet alongside financial performance.

Since 2012, sustainable investments have grown by 107% annually as an investment strategy. There is significant growth of individuals who invest sustainably in companies, organisations and funds with the purpose of generating measurable, social and environmental impact alongside financial return. Impacts are spread across various sectors from renewable energy and climate change, to health, safety and community development. The Bill arguably fulfils some of those desires and pivots towards a more sustainable future, unlocking new finance sources through the green shares, which must be invested in an environmentally sustainable way.

As investment trends change, policy such as this drives that change in our culture to adopting socially responsible practices in businesses and industry, and encourages adaptation towards a sustainable investment environment. I hope that this is a step towards changing the sustainability outlooks of other companies and business models. Although, of course, protecting lives and suppressing the coronavirus has been the priority for the Government over the past few months, as the virus has devastated many of our communities, that is not to say that we should put the climate crisis on the back burner; that must remain our priority.

As we heard earlier from my hon. Friend the Member for Northampton South (Andrew Lewer), the UK has played a world-leading role in tackling climate change. I challenge some of the opening remarks of the hon. Member for Cardiff North, the sponsor of this Bill. The transition to clean growth for the UK has demonstrated that we are one of the pioneers in this area. We are the first country to legislate to eliminate our contribution to climate change by 2050, and the fastest in the G20 to cut emissions.

At the same time, the Environment Bill is being introduced to protect and improve the environment for future generations, enshrining in law environmental principles and legally binding targets. The first progress report of the Government’s ambitious 25-year environment plan found that 90% of the priority actions have been delivered or are on track to be delivered. Coal power stations will be completely shut down by 2025, if not 2024. Glasgow will host COP26, coronavirus allowing, putting Britain at the heart of the world’s efforts to combat climate change. We are currently on track to protect 4 million sq km of ocean across our overseas territories before the end of 2020. These are huge achievements in themselves, and I hope the hon. Lady will acknowledge that we are making significant progress, notwithstanding her comments earlier.

However, I am all too aware that there is a need to accelerate work to protect the environment. Innovative ideas to make it more affordable and more accessible to finance environmentally friendly investments are to be welcomed and studied closely, and this Bill gives us that opportunity. Through green shares, we can begin to allow local communities to rise to the climate change challenge and see more level playing fields between co-operatives, community benefit societies and their private competitors.

The Bill also presents itself as an opportunity to aid a recovery from the pandemic in a greener, more sustainable and more resilient way. There are extremely difficult times ahead, but we must look to the future and consider the green jobs and skills that we should be able to facilitate and create as part of our green recovery.

Just last week, in my own constituency, plans for 50 new jobs were approved in the coastal town of Eyemouth. These jobs will come from the new maintenance base for an offshore wind farm off the Fife coast. Providing skilled jobs or improving towns and villages in other ways, such as in Eyemouth, must be how we tackle climate change. Not only does that ensure that no one is left behind, but it helps to persuade those who are less convinced of the merits of such projects that that is the way forward. Co-ops have a huge opportunity here to play a big part in providing jobs and community benefits.

To conclude, I congratulate the hon. Member for Cardiff North again on bringing forward the green shares Bill. I look forward to seeing it progress, I look forward to seeing it improved, and I look forward to hearing the other contributions to the debate.

[Sarah Jones (Croydon Central) (Lab)]

I am delighted to speak in this debate, and I congratulate my hon. Friend the Member for Cardiff North (Anna McMorrin) on her important work on the Bill. As someone who is half-Welsh, I was particularly interested to hear the history of the co-op movement in Wales. That was something I did not know a lot about, so I thank her for her contribution.

The green shares Bill would bring about key legislative changes, which I believe would enhance the contribution of co-operative and community benefit societies, to use investment to generate sustainable and inclusive economic development. We must all do our bit to tackle climate change. Every Member in this place will have visited schools, where our young people push us every day to do more and to be more ambitious on tackling climate change. To achieve that change, there must be provision for green investment and finance, as my hon. Friend says, from the bottom up in our communities.

My right hon. Friend the Member for Doncaster North (Edward Miliband) said yesterday:

“The government’s warm words on climate change desperately need to be matched by deeds worthy of the scale of the challenge we’re facing. We urgently need to transform how we power our homes, move around, and use our land. We also need to ensure that it is a just transition, in which no community is left behind, and we all enjoy the benefits of changing our economy and society for the better.”

We on the Labour Benches are clear that the UK needs a green new deal to kickstart a green recovery from coronavirus.

The UK’s co-ops have a key role to play here, and they have a successful history. They are owned and controlled by 13.7 million members, the equivalent of more than a fifth of our population. As has already been mentioned, they also remain significant employers, with 233,000 people earning their livelihoods directly through co-ops. Co-operatives are resilient; almost three out of four co-op start-ups—72%—still flourish after the difficult first five years of existence. In stark contrast, more than half of all new companies—57%—go to the wall before they reach that milestone.

The co-operative movement has always focused on localism and looking at how to achieve wider societal benefit, and that goes hand in hand with the wider principles of sustainable development and environmental sustainability. We must ensure that the laws are in place for our communities to effect change and create secure green jobs and growth.

The Committee on Climate Change has underlined the importance of creating the conditions for an attractive environment for green investment to achieve net zero greenhouse gas emissions. Its 2019 report stated:

“Government success in providing clear and stable mechanisms that attract sufficient volumes of low-cost capital will be key to the overall success in reaching a net-zero”

greenhouse gas target. The committee found that the UK was “well-placed to lead” internationally

“on developing products to finance low-carbon investment”.

This green shares Bill is a rare opportunity to give co-operative and community benefit societies a first-class legal framework. It includes positive changes to society law that would significantly enhance those corporate forms as tools to build the more sustainable and inclusive economy we urgently need.

As my hon. Friend the Member for Cardiff North mentioned, the Bill would make important changes to allow co-operatives and community benefit societies to gain powers to raise finance by issuing shares. That new finance would have to be invested in environmentally sustainable projects. The Bill seeks to introduce safeguards to prevent any share issue from leading to a co-op’s conversion into a commercial company. It also specifies arrangements about the distribution of capital in the event of winding up, again to protect the mutual purpose.

Ethstat Ethical Stationery in Croydon is a co-operative, run by the people who work for it and owned by the people who use it. It is a brilliant organisation, which is locally based and works at the cutting edge of sustainability. Its profits go to projects that help some of Croydon’s most vulnerable people. All its projects sit alongside its core work of protecting the environment.

Such businesses are the cornerstones of the UK’s social economy and have huge potential to deliver sustainable and inclusive economic development. Across south London, organisations such as South East London Community Energy and Repowering are playing a key role. We can go further and look to other parts of the country. For example, Plymouth has more than 30 energy co-ops, which are providing sustainable energy and local employment and using their surplus to generate community good.

The Bill would provide much-needed finance to help in our housing sector, where we know there are huge issues with our homes and, for example, retrofitting. Our homes are some of the most inefficient and therefore the most expensive to heat in Europe.

[Anthony Mangnall]

Surely, the hon. Lady will therefore recognise what the Government announced this year, which was the £2 billion to retrofit homes to make them more environmentally friendly. I listened to the points she made at the beginning, when she was somewhat critical of the Government’s approach. We are forward-leaning in what we are trying to do in making sure that we can make all homes more environmentally friendly.

[Sarah Jones]

I thank the hon. Gentleman for putting it gently and saying I was somewhat critical of the Government’s approach; I would go slightly further and suggest that we need to look at actions rather than words. In the past 10 years, under Conservative Governments, Labour’s zero carbon homes scheme and many of the other schemes we had in place to retrofit our homes were entirely wiped out. Actions speak louder than words, and we must consider the amount of funding we need to retrofit the homes and deal with the scale of the problem. I give him the point that many of our homes are old and we have a particular problem in this country, but we have to invest in retrofitting. The £50 million for the social housing sector that was announced by the Government will cover only the very worst performing housing stock, as Inside Housing and any of the experts will tell us. We need substantially more investment, whether in our schools, homes or hospitals, to try to get to a point where our buildings are working for us in a carbon neutral way. We are nowhere near that point.

[Anthony Mangnall]

Surely, the benefit would then come from having a centralised system where we could invest from a UK Government point of view, rather than on an individual basis. If it is done through a co-operative measure, as the hon. Lady is suggesting, we will have an inadequate method whereby the distribution of retrofitted houses across the country is not even.

[Sarah Jones]

The solution is to enable a thousand flowers to bloom. We want local organisations to be able to provide solutions, as well as the Government, who, at the moment, are woefully lacking in their climate action. We need both those things to happen, and the Bill is one part of that solution.

Many societies have clear purposes relating to environmental sustainability, including community energy schemes, e-car sharing co-ops, low-impact farming co-ops and low-impact community-led housing. Just to return to the housing issue, let me say that I was lucky enough to visit Berlin when I was shadow Housing Minister to see the quantity and very different nature of housing there. It is difficult to make comparisons, because there are large cultural differences between Germany and the UK. The English system is more centralised, top-down and market-orientated, with a lightly regulated private rented sector, whereas Germany has a federal system that supports local autonomy. It also has a much more public-facing housing policy, and it is much more rules-based. As we know, in Germany there is a preference for renting, but there is a huge quantity of housing co-ops there, particularly in the big cities. I believe that in the UK 0.5% of our homes are co-operative-owned, whereas the figure in Germany is about 10%. We can look to increase the number of our co-ops and of empowered residents who have more control over what happens in the buildings in which they live.

It is vital that we unlock green finance for our co-ops to invest in long-term sustainable projects, and this Bill would be an important step to help communities and investors to create a more sustainable living environment. Primary legislation is much-needed to provide societies with the legal tools that would enable co-operatives to thrive. As my hon. Friend the Member for Cardiff North said in her excellent speech, covid is a significant fork in the road when it comes to tackling climate change. I urge Members across the House to support the Bill, so that it can be discussed further and amended in Committee, and to empower our local communities to take action and save our climate.

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[Gareth Davies]

I entirely agree with my hon. Friend that bonds as an instrument of capital markets are a more precise way of targeting private capital towards green projects, which is what the hon. Member for Cardiff North is aiming to do. I entirely agree that the sovereign level, as we have seen recently with the German €6 billion bond issuance, has been a very effective way of moving private capital into green infrastructure investments. Indeed, of that bond issue, 22% came from British investors. I would like British investors to be investing in British renewable infrastructure. I therefore suggest to her that bonds may be a more effective security than shares to help co-operatives move and raise capital towards environmental purposes.

Last year, the Co-op, the second-largest co-operative, issued a £300 million sustainability bond funding its Fairtrade work. It was a real flagship, and I would like to see more. I hope that the hon. Lady will join me in encouraging co-ops to issue more green and sustainable bonds.

As I have just mentioned, bonds provide several advantages over equities. They are more targeted. We can ring-fence the capital and the use of proceeds in a much more effective and accountable way. Green bond principles, which are now an international standard for what we mean by “green”, are a clear benefit of bonds. Again, one of my criticisms of this Bill is that it is not clear or specific enough. I know that the hon. Lady talked about dealing with that in Committee, but I would like to see more detail at this stage on what we mean by “green” so that we avoid greenwashing. Finally, green bonds are a huge market. They are a proven way of raising private capital towards green benefits. It is a trillion-dollar market globally, yet only 2% of green bond issuance is denominated in pounds sterling.

[Anthony Mangnall]

On that point, I am a fastidious follower of my hon. Friend’s career and a peruser of his reports. I am particularly interested in what he has said about sovereign green debt and what other countries have done and the value that has had not only in raising capital, but in delivering on those projects.

[Gareth Davies]

I thank my hon. Friend for his intervention. I will not repeat what I said to my hon. Friend the Member for Milton Keynes North (Ben Everitt), but to take an example, the French Government under the leadership of President Emmanuel Macron have now issued more than €22 billion of sovereign green debt. Of their first issuance, I believe that 28% was funded by British investors. So again, I would like to see British investors investing in British renewable infrastructure.

There is an opportunity for co-operatives to issue green debt and bring in private capital, which is exactly what the hon. Member for Cardiff North intends to achieve, but it would also increase the level of pounds sterling issuance in the green bond market, so perhaps that is an idea for her next private Member’s Bill.

As I said, I support the spirit very much of what the hon. Lady is seeking to achieve. However, I do not believe that the Bill is the right tool to help co-operatives and to help us move them forward and address climate change.

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[Sir Christopher Chope]

I will not engage with the hon. Lady on the climate crisis, because I think there is far too much scaremongering going on in relation to that and a lack of realism about the ability of our country, individually, to change the course of the global climate. That is apparent now. We have heard this week that despite the substantial reduction in the global economy the global CO² emissions continue to increase and climate change is not being remedied as a result.

[Anthony Mangnall]

The hon. Member for Cardiff North (Anna McMorrin) does not need me to come to her rescue, but the Bill does clearly refer to sustainable development goals, which covers a broad spectrum of issues that could be addressed on this point.

[Sir Christopher Chope]

I accept that. Interestingly, proposed new section 27A(5)(b) talks about

“the capacity to adapt to change”.

That is where I am very much with the hon. Member for Cardiff North, because I think we should be concentrating our resources in this country on adapting to climate change, rather than trying to put our heads in the sand and say, “We’re going to make it go away.”

On the issue of the definition, if environmentally sustainable investment is basically the be-all and end-all of everything that the co-operative movement is involved in, why do we need to use language about green shares? Why do we not make it much more general? If the hon. Lady is so confident about her definition of “environmentally sustainable investment”, why has she included a Henry VIII clause in proposed new section 27A(6)? It states that

“The Treasury may by regulations revise subsections (4) and (5)”,

which contain the definitions. Why do we need to do that? Surely, if it is so obvious, it should be on the face of the Bill and we do not need to give the Treasury even more power than it already has. I am sure that when my hon. Friend the Economic Secretary replies, he will say how eagerly he looks forward to being able to exercise these additional powers.

I ask that as a slightly rhetorical question. However, sometimes Members are tempted to make their Bills complicated, and whenever they encounter a bit of difficulty with the Government, they say, “We’ll appease the Government by giving them a power to amend the Bill”—thereby, in a sense, negating the whole purpose of the Bill. If the hon. Lady ever redrafts the Bill in a way that gets the support of the House on Second Reading, I suggest that she leaves out the Henry VIII clause and has the confidence to say, “That’s what I’m putting in the Bill. That’s what we’re going to keep in the Bill, and that’s what it means.”

I looked at the explanatory notes. I am grateful to the hon. Lady for producing explanatory notes on the Bill, which often does not happen with private Members’ Bills. She says in those explanatory notes that the environmental goals in the Bill are based upon those in the Well-being of Future Generations (Wales) Act 2015, to which she referred earlier. In that case, why do the environmental sustainability goals set out in proposed new section 27A(5)(a) not include the whole wording of those in the 2015 Act? It states that the goals are:

“to create an innovative, productive and low carbon society which recognises the limits of the global environment and therefore uses resources efficiently and proportionately (including acting on climate change)”.

If she looks at the relevant section of the 2015 Act, she will find that it goes on to say:

“and which develops a skilled and well-educated population in an economy which generates wealth and provides employment opportunities”.

She is nodding, but why is that not included? Why was that excluded? Why did the explanatory notes imply that everything set out in this Bill came word for word from the 2015 Act?

I think that the whole issue about the greenness of this may have been included in order to seduce members of co-ops into signing up to changes in their rules that they would not otherwise wish to do, were they aware of the full implications of so doing. This echoes one of the points that some of my hon. Friends have made. A non-green co-op—the hon. Lady seems to say that all co-ops are green—can only become a green co-op under the Bill, and thereby issue green shares, if authorised to do so by its rules. It is obviously possible for a co-operative to change its rules. One can see how easy it would be for a co-operative to say to its members, “Look, we are planning to change our rules so we can issue green shares and do all these wonderful environmental things.” Who would be bold enough to cause a problem in that co-operative society, I don’t know, but would the people who were being seduced into supporting that be aware of the fact that by enabling the society to have a green share, it was then triggering clause 29A(1), which requires that

“The Treasury must by regulations make provision—

enabling the rules of a society with a green share to permanently prohibit the distribution of a capital surplus”?

That would mean that people who had invested in a co-operative society in which the normal investment rules applied—where they would be able to withdraw their investment, but not trade it—would find themselves in a completely different regime where the shares would be transferable but not withdrawable; not only that, they would also find they were prohibited from being able to benefit from the success of that co-op by perhaps wanting to make it into a corporate body, thereby redeeming the additional value which had accrued to their shares as a result of its activities, going back to the point about the 2015 Act in Wales, so that people in the co-op could generate wealth and prosperity, and with it employment opportunities.

So why, as soon as the co-op became green in name as well as in substance, should it result in those restrictions on members of the co-op? They might perhaps, by definition, be in a minority in opposing the change in the rules of the co-op, but why should they be penalised by that change in the rules so that a completely different regime applies retrospectively? Is the hon. Lady not concerned about minority rights being ridden over? I suspect that that is one of the problems that has come to light in the co-operative movement and that is why it has turned out to be a lot more controversial than she thought it would be at the beginning.

As will be apparent, I have some quite serious issues with the Bill. I would like to see a much more concise Bill, without all this stuff about green shares, which is a distraction from the core. What the hon. Lady really wants is to change the fundamental structure of co-ops so that they can attract investments greater than £100,000, and so that members of those co-ops cannot de-mutualise. Those are very serious issues. If that is what she thinks the whole of the co-operative movement should be doing, so be it.

I suspect that what the hon. Lady really wants to do is to enable a different sort of co-op with those objectives to be established. In so doing, however, instead of saying, “From now on you can start a completely new green co-op,” she is enabling existing co-ops to be changed, against the wishes of a minority of their members, into a different vehicle from that in which they made their original investment, thereby preventing them from withdrawing that investment, as they can at present. That is a very serious issue that goes to the root of it. It may be an attractive notion, and we heard that there are precedents for it elsewhere in the world, but because of the importance of the co-operative and community benefit movement, it is absolutely imperative that, if we are to change the rules, we do so in a clear, unambiguous way, and certainly do not allow the spectre of further changes by stealth through Government regulations that are not subject to proper consultation.

I fear that, when the hon. Member for Cardiff North responded to an intervention on the fact that the objectives could be changed but already covered all co-operatives, she was showing the lack of—how can I put it?—intellectual rigour applied to these principles.