Wheeled Goods Vehicles

Baroness Gardner of Parkes Excerpts

Thursday 13th December 2018 Lords Chamber

Asked by

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government what plans they have to repeal the exemptions from the requirement for wheeled goods vehicles to be fitted with sideguards.

[Lord Young of Cookham (Con)]

My Lords, under regulations made in 1986, most new heavy goods vehicles—HGVs—are required to be fitted with sideguards. There are limited historical exemptions—for example, a motor vehicle that does not exceed 15 mph, and fire engines—which were put in place for good reasons. Work is focused on amending regulations to ensure that where sideguards are required on new HGVs, these are retained and maintained. I anticipate that these proposals will be published in 2019.

[Baroness Gardner of Parkes (Con)]

The Minister may be aware that the typical cases at the moment are the mixers and tippers—heavy goods lorries that are exempt. It is the front wheel that hits you if you are on a bicycle and too near, but when you get dragged under the vehicle, the back wheel is the one that kills you. It is better to abolish this exemption, particularly as companies such as CEMEX, the Mexican cement-mixing firm, have deliberately and carefully put these barriers on, although they are not required; CEMEX is trying to persuade other cement people to do it. But would it not be simpler and better for the Government to just change the regulations? Is the Minister able to tell us figures for fatalities and casualties?

[Lord Young of Cookham]

I am grateful to my noble friend. Cement mixers are not exempt under the regulations, and since 2012 all tippers have had to be fitted with sideguards. On the figures, in London over the past three years, 70% of cyclist fatalities involved HGVs, so my noble friend is quite right to draw attention to this. I speak as someone who came in on a cycle. My noble friend asks about injuries. Of the 29 cycle fatalities and life-changing injuries in two years, 25 were caused by the cyclist being knocked over by the front or side of the cab; in other words, ahead of the sideguard. Once the cyclist is knocked over, the sideguards are of no value because they are two feet above the ground. So the Government have been focusing on other measures to improve vision and cyclists’ safety, as well as making sure that the existing regulations on sideguards are honoured.

Tenant Fees Bill

Baroness Gardner of Parkes Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 20th November 2018 Lords Chamber

Moved by

[Baroness Gardner of Parkes]

32A: Schedule 1, page 26, line 29, at end insert—
“Payment in respect of identity and immigration status checks
11 (1) A payment for or in connection with the costs associated with carrying out identity and immigration status checks on the tenant is a permitted payment.(2) But, in the case of a payment to a landlord, if the amount of the payment exceeds the reasonable costs incurred by the landlord for or in connection with the provision of the identity and immigration status checks, the amount of excess is a prohibited payment.(3) In sub-paragraph (1), a check on the immigration status of the tenant means the conduct of checks by the landlord pursuant to ensuring compliance with section 22 of the Immigration Act 2014.”

--- Later in debate ---

[Baroness Gardner of Parkes (Con)]

My Lords, I have moved this amendment simply because it is essential for people to know what they can be charged and what they cannot. The noble Lord, Lord Kennedy, commented at the end of his speech on just that fact: that people need to know. If something was in the guidance that would indeed be very valuable, but at the present time people have no idea what they will be charged.

A lot of people have no idea that they have to prove they have a right to be in this country. I am sure most of us remember the embarrassing start of this whole problem, when a very impressive member of the Government at the time found that she had not checked on someone she employed. That is where all this started. As I understand the situation, there is now a fixed amount that people would be asked to pay for such an official designation of their nationality and the rights they have here. People are often totally unaware of this.

I understand that overcharging should not take place—I am not for a minute suggesting that—but people will need to know that, to rent a property, they have to prove that they are an ordinary person entitled to live here and not limited in what tenancy they can undertake. That is the purpose of this amendment. I claim no expertise in the wording of it, as the Public Bill Office very kindly helped me. I would be interested if people have comments on that. The principle behind it is to enable people to know what is and is not legitimate. Whether it is the agent, the prospective tenant or anyone else who provides that necessary information, it costs. You do not get it for nothing; that is the problem. I feel that the Bill is rather restrictive at the moment. I beg to move.

[The Earl of Lytton]

My Lords, the noble Baroness has made a valid point. I recall some years ago having to check the identity of an applicant for a business tenancy, who produced a passport from a Commonwealth country which was in date but did not contain the crucial words in the out-of-date one, also presented, which described the bearer as having the right to remain in the United Kingdom. I have always felt very nervous about trying to sift through this, because of the penalties that can be visited on one professionally—in this case, it would have been on a client landlord—in connection with letting. Getting these things right and carrying out identity and immigration status checks cannot be left to the tea boy. They need to be done by somebody who knows what they are doing and can take responsibility.

This takes us back to the question of where the two-way street between landlord and prospective tenant should lie and whether it is right that the landlord provides a property that he has warranted as clean and tidy, fit for purpose, not unsafe and so on, and the tenant is responsible for the cost of verifying their bona fides, as the noble Baroness says in her amendment. It seems that that is fairly unarguable, particularly in London where there are people of so many different nationalities. A further issue that needs to be addressed, assuming that eventually this country will leave the European Union, is European citizens’ right to remain here. The noble Baroness raises a valuable point, and I look forward to hearing what the Minister says.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

I thank noble Lords very much and particularly my noble friend Lady Gardner for bringing forward this amendment. She does much work in this area.

I cannot accept the amendment because, as the noble Lord, Lord Shipley, has just indicated, it would fundamentally undermine the policy intention of the Bill, which is to ban letting fees paid by tenants and to ensure that the party that contracts a service pays for that service.

This issue was dealt with under Section 22 of the Immigration Act 2014. It was very clear then that this was to be a liability for the landlord, not the tenant, to discharge. Therefore, the amendment would effectively drive a coach and horses through the intention of that legislation. I am not sure what the collective term for a coach and horses would be. It would probably be a stampede or possibly a cavalcade of coaches and horses, but it is clearly not the intention.

Despite the very good arguments put forward by my noble friend and the noble Earl, Lord Lytton, on this point, I very much agree with the noble Lords, Lord Best and Lord Shipley. A landlord should be responsible for the costs associated with these checks. As I have indicated, they are required under the Immigration Act to undertake these checks to verify that a tenant has the legal right to reside in the United Kingdom before progressing with any tenancy agreement.

The Home Office produces detailed guidance for landlords and agents carrying out these checks, and I will certainly ensure that it is circulated to my noble friend and the noble Earl, and indeed to everybody who has participated in the debate.

Although the onus is on the landlord to verify a tenant’s right to rent, we have made provision in the Bill that, where a holding deposit is sought and a tenant fails a right-to-rent check, landlords and agents will not be unfairly penalised if the tenant is at fault. I hope that that gives some comfort to my noble friend and the noble Earl. With those assurances, I respectfully ask my noble friend to withdraw her amendment.

[Baroness Gardner of Parkes]

My Lords, I was very interested in the comments that were made and I will certainly take them on board. I heard people talking about how easy it is to get the right of abode and that is exactly what I have had here for 40 years. Every time my passport comes up for renewal, I have to send in the original documents, which after 40 years are beginning to disintegrate. Why can the Home Office not keep a record of these things? I have only one marriage certificate; it is turning into a bit of old rubbish now because it is getting so worn out although I have always valued it.

I am sure noble Lords know about the Member of your Lordships’ House who made the mistake of employing someone who had no right to be in this country. It is not a light remark to say, “They will just produce that”. You have to reproduce things every time you get a new passport and, as I said, the original documents are insisted on. It is a pretty major thing and I will face it again next year.

The position in this House is that you can be here provided that you are deemed domiciled; you have to prove that you are paying full taxes, which is one of the big factors. But a lot of people may not be aware that you have to have any proof of who you are at all in anything. If the time comes when people want to rent a place and are asked, “How can you prove that you are entitled to be here?”, they will not have the documentation, whereas they would if that requirement were set out in the guidance.

The Minister said that this issue is included in immigration law, but it needs to be mentioned in some way in this legislation, which affects people’s lives on an everyday basis. When they want somewhere to live and find a place they like, they do not suddenly want to lose it because it takes so long to get the correct papers. That should be in a guidance document prior to wishing to rent something. It should not be part of the rental process.

Doing this yourself, as has been suggested, presumably means meeting the costs yourself as well. This whole thing seems to be a little muddled. I do not accept the view of the noble Lord, Lord Best, that we should not burden ordinary people with these things—perhaps I am wrong in asserting that—when they are burdened by them every day in their own living standards. But I appreciate the Minister has given a good answer and I beg leave to withdraw the amendment.

Amendment 32A withdrawn.

Online Material: Identification of Promoters

Baroness Gardner of Parkes Excerpts

Thursday 7th June 2018 Lords Chamber

[Lord Young of Cookham]

On the noble Lord’s first point, he may have seen that Facebook will now require political advertisements to disclose who has paid for them, and such advertisements will be labelled as political. But the consultation I referred to in response to his noble friend directly addresses the issue of what appears on Facebook and other social media and, whether, if it is relevant to an election, there should be the appropriate imprint. So, irrespective of what happens in the review of electoral law, if we make progress on that, it can be done by statutory instruments in advance of any broader change in electoral law.

[Baroness Gardner of Parkes (Con)]

My Lords, what can be done about instances such as those during recent council elections when I had malicious texts put through my door listed as information for local elections? No one in the area has any idea who did it or knows anything about it, yet it could have been very damaging to the candidate. I wonder whether there is any way of handling that so that people know whether a communication is real or whether the whole thing is simply fake.

[Lord Young of Cookham]

I am sorry that my noble friend was distressed by some communications during the recent local government elections, but the Law Commission is reviewing online abusive communication, and analysis of that will be published by the end of the year, with recommendations to follow. There are also other initiatives on online safety, with the Internet Safety Strategy Green Paper last year and a White Paper to come later this year. If my noble friend’s communication was on paper and related to the recently held elections, I think that the Electoral Commission would be interested to see a copy of it.

Short-Term Letting

Baroness Gardner of Parkes Excerpts

Thursday 26th April 2018 Lords Chamber

Asked by

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government what steps they intend to take to ensure that HMRC share relevant information with local authorities to assist those authorities to identify landlords who are potentially in breach of the 90 day restriction on short term lets and to enforce those provisions.

[Baroness Gardner of Parkes (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and remind the House of my interests as declared in the register.

[Lord Young of Cookham (Con)]

My Lords, the process is for local authorities to initiate any request for information from HMRC. Any disclosures of HMRC information must be lawful and covered by the memorandum of understanding with the Local Government Association. While sharing of data could identify landlords who are letting property, this would not identify landlords who are in breach of the 90-night limit.

[Baroness Gardner of Parkes]

I thank the Minister for that Answer but, given the fact that the Tube now has a major promotion about how much more money you can get by letting your property for holidays, that the National Fire Chiefs Council has come out very strongly to say that it is worried about the fact that no one is responsible for checking these properties, and that reinstating the registration controls that were taken away would be very good—they operated most efficiently until removed by the Deregulation Act 2015 and most MPs were in favour of reinstating them, as I understand it—will the Minister put it to the Cabinet, or whoever he can put it to, to consider reintroducing the right of local authorities not only in London but throughout the country, if they wish, to have registers of these short-let properties?

[Lord Young of Cookham]

May I commend the vigour and tenacity that my noble friend applies to the subject, rivalling that of our noble friend Lord Naseby on retailers in the high street? The Government are in favour of the sharing economy; we believe that householders should have the right to rent out their rooms or their property when they do not need it, with the minimum of bureaucracy. Increasingly, visitors to London, whether from overseas or other parts of the country, expect to see a broader range of accommodation than traditional hotels, and we believe that London should respond to this changing market. Exceptionally, in London, this right is constrained and it can only happen for 90 nights per calendar year. Local authorities have powers to enforce that limit. We have no plans to extend the powers of local authorities beyond those which they already have to inspect properties, nor do we have any plans to introduce a register of the nature suggested by my noble friend.

Housing: Rental Market

Baroness Gardner of Parkes Excerpts

Thursday 2nd November 2017 Lords Chamber

Asked by

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government whether they have plans to support the return of residential properties, presently let on a short-term basis, to the long-term housing rental market, particularly in London.

[Baroness Gardner of Parkes (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and remind the House of my interests as declared in the register.

[Lord Young of Cookham (Con)]

My Lords, the Government support the sharing economy. In London, residential premises can now be used for temporary sleeping accommodation without a change of use, as long as the number of nights of use does not exceed 90 in a calendar year. There are no plans to discourage the use of residential properties for both longer-term and short-term letting.

[Baroness Gardner of Parkes]

No doubt the Minister is aware of the recent press reports on the effectiveness of the landlord licensing scheme operated by Newham Council, which has prosecuted 1,215 bad landlords and recovered £2.8 million in council tax. Does he not think it is time that the Government gave all local authorities the right to opt for similar licensing schemes to deal with illegal and often untaxed lettings, which are damaging the long-term housing market?

[Lord Young of Cookham]

I am grateful to my noble friend. In our recent debate on housing the spokesman for the Opposition mentioned the scheme in Newham and invited me to visit Newham to see it in operation. I agree with my noble friend that selective licensing is a useful tool, among other measures, to assist local authorities in addressing serious problems in the private rented sector in specific areas. The department plans to carry out a review of selective licensing shortly, which will apply to properties let under tenancies or licences as people’s only or main residence in the private rented sector. Finally, the London Borough of Newham has submitted its proposals for a licensing scheme for all private landlords in the borough, which the department is currently considering. We will certainly take on board my noble friend’s commendation in that process.

Housing: Planning Laws

Baroness Gardner of Parkes Excerpts

Wednesday 25th October 2017 Lords Chamber

[Lord Young of Cookham]

There is indeed an issue, which is why we have decided that local authorities should be allowed to raise their planning fees by 20%, as long as the proceeds are then ring-fenced and ploughed back into the planning system. We are also looking at the so-called viability assessments, which sometimes hold up the planning process. The noble Lord will know that Ministers have powers to intervene where, for whatever reason, local authorities are dilatory in coming forward with local development plans.

[Baroness Gardner of Parkes (Con)]

My Lords, is the Minister aware that it is not only about planning but that local authorities need many more powers returned to them and more direct control over housing? Has he seen what is happening in London, where illegal letting is reaching huge proportions? I know that some people in council flats are subletting to illegal tenants without any notification, and probably without paying any tax. Councils need powers returned to them to be able to check these situations.

[Lord Young of Cookham]

I am grateful to my noble friend. I believe that local authorities have all the powers needed where illegal subletting is taking place, which is a clear breach of a tenancy agreement. I hope local authorities would take prompt action where they believe that social accommodation is being misused in the way that my noble friend has just outlined.