All 12 Baroness Jones of Moulsecoomb contributions to the Levelling-up and Regeneration Act 2023

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Tue 17th Jan 2023
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Levelling-up and Regeneration Bill
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Wed 22nd Feb 2023
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Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I have a few criticisms of the Bill, not least the fact that it does not mention climate change. As I have often mentioned, climate change is the biggest existential threat to all of humankind; it is not just about the north or the south but the whole world. The Government have been so deficient in mentioning it and putting it into a context that can make a difference.

It is now three years since the Conservatives won an election. They promised to level up the country. You would have thought that, finally, the levelling up Bill might give us an idea of what levelling up actually means. Voters might have thought that they would have been levelled up before the next election was due, but apparently not. It has been three years of economic decline and mismanagement, and the Government concede in this Bill that we have not levelled up yet, and fail to set any timescale for when we will be levelled up. Perhaps the Minister could give us an indication of that timetable.

Moving from the intangible levelling up to very real regeneration, I note that the Bill is another missed opportunity to make the planning system fit for the 21st century. The Green Party now has hundreds of dedicated councillors across the country, and one of the things that infuriates them most is the planning system. Whether they are a lone ward councillor trying to interact with the system or the chair of a planning committee who has their hands tied by national planning policy, making it impossible to make the best decisions for their local community, what is obvious is that we have a centralised bureaucracy that does not work. The planning system should unlock our transition to a clean, green country with warm, insulated homes and beautiful, human-scale communities. It should give communities a strong voice in shaping their own local environment, while protecting the global environment by design.

We need to move away from the current system, where there is a shadow banking system of developers buying land, obtaining planning permission and then selling the land for a huge amount of profit for very little work. Around one million new homes that have been granted planning permission are not being built, so we need to unblock the system and get those homes built. If the developers will not do it, it should be opened up to communities, councils and social housing providers to build the homes instead.

The Bill should unlock more social and affordable housing. People do not necessarily need to own their homes, but nor should they be condemned to a lifetime of spending extortionate amounts of money renting poor-quality homes from private landlords. More than one million people are on waiting lists for housing while we lose around 22,000 social rented homes each year. We have to turn that tide. The Bill is an opportunity, and it has failed.

It is difficult to put a finger on this Government’s biggest failings over the past 13 years as there are so many of them, but scrapping the zero-carbon homes standard has to be up there. To this day, people are buying newly built homes, expecting them to be built to modern standards, but they have got terrible insulation and cost a fortune to heat. The Bill is an opportunity to ensure that every new home is warm and green, and I look forward to bringing amendments on that.

Homes are just one part of the equation for building green communities. It is time to end the car dependence that is designed into the planning system. We can legislate for the creation of 20-minute neighbourhoods, where people can access key facilities such as schools, healthcare and public transport within a short walk from their homes. We can build walking and cycling networks into the planning system and ensure that key routes, such as old train lines, are protected and developed into safe cycling routes.

After a lost decade of austerity and starving councils of funds, it is no surprise that local planning departments are bursting at the seams. As we have heard, there is a huge shortage of planners who want to work in the public sector when the private sector is so much more lucrative. This is perhaps most apparent in planning enforcement, which is failing massively.

Finally, I have thought about democracy and public participation in this. We really have to look at what needs national oversight, participation and prescription, such as tackling the climate emergency, and what can be left to local councils and communities to decide. The Bill builds in more centralisation of key decisions and will force councillors to make more and more inappropriate decisions based on very poor rules set in Westminster.

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
I would find it very helpful indeed to know what the Government’s thinking is. Is it their intention, through this Bill, to define the outcomes and the assessments that are going to be made which will demonstrate whether levelling up across the whole country in terms of geographical disparities is being delivered? How will the Government ensure that they are passing legislation which assists us to deliver the outcomes that the public have been led to expect?
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I congratulate the noble Baroness, Lady Pinnock, on a brilliant opening speech that leaves hardly anything else to be discussed.

I completely agree about the disparity between rich and poor and that that must be addressed. However, there are things that do not depend quite so much on wealth, such as health and happiness, and access to green spaces. All these things are part of what levelling up ought to include. I am quite keen to see this Government understand that health is about not only improving the NHS—which, clearly, they have given up on completely—but how people see themselves and the opportunities that they have locally. So I am looking forward to this Bill. It will be a long slog for the Minister; I am sorry about that.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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My Lords, I thank the noble Baroness, Lady Pinnock, for bringing forward this probing amendment. When we look at the Bill, we need to consider what the Government mean by “levelling up” and whether the beginning of the Bill is sufficient to support the aims that were laid out in the White Paper. As we heard at Second Reading, much of what was in the White Paper is not here—including, as we have heard, the actual missions, which seems to me quite remarkable.

As we have previously discussed, the Bill does not really look like a levelling-up Bill. It looks more like a planning and devolution Bill, and planning and devolution on their own will not deliver the kinds of levelling up that our country needs. So we support this amendment for doing what needs to be done—probing exactly what the Government are intending. The noble Baroness, Lady Pinnock, reminded us of the words of our former Prime Minister and of the Secretary of State, and of the ambitions of the White Paper, which we need to be discussing in future amendments that we will have in Committee. That context is very important.

So how do we define levelling up? It can mean an awful lot of different things to different people. It will also take an accumulation of good understanding and good investment if we are to come close to meeting the different agendas laid out by the Government in the White Paper. For example, social infrastructure has to be equally invested in, alongside physical infrastructure, if we are to make a positive and sustainable impact.

Is levelling up a genuine policy or just a catchphrase—which is sometimes what it feels like? As the noble Lord, Lord Shipley, asked, is this just a branding exercise? We need confidence that the Government are serious about this: if it is a genuine policy that they want to make a reality, it will need an awful lot more cash than currently seems to be on offer.

The noble Baroness, Lady Pinnock, talked about funding. The Centre for Inequality and Levelling Up is based at the University of West London. It calculated that the levelling-up funds total £20 billion, but clearer criteria for defining what constitutes a levelling-up fund are needed. The centre suggests that this should include only funding allocated after 2019, which is four years ago. Of the funds specified in June 2022 by the department, three were allocated before 2019. We really need much more clarity about the new investment that will come in from the Government to support what they are intending to achieve through this Bill.

Another thing I want to talk about is the relationship between funding and the missions. The levelling-up funds have only a tangential relationship with the 12 missions. Out of the 10 funds available, only one, the shared prosperity fund, mentions the missions directly, and the levelling-up fund itself just references the missions’ metrics.

While the Government continue to insist that areas have to bid against each other—with mounting evidence that this is an inefficient way of delivering funding—how can the Government ensure that all areas that need funding for levelling up receive adequate support with the bidding process and subsequently receive adequate funding?

Regional disparities are deeply entrenched, and the Bill seems to see devolution as a way to crack this and solve the problems. But so much needs to be done to tackle inequalities: they will not be solved just by a few missions, some of which are not even in the Bill, and the somewhat confusing devolution proposals.

What about the challenges that our NHS is currently facing, with enormous waiting lists and staff going on strike because they are so desperate? Why are the Government refusing to properly engage with staff over their deep concerns, which are leading to even further strike action? Just today, Professor Farrar has warned that health workers’ morale and resilience are very thin, and of the vulnerabilities facing our health services if we have another crisis like the pandemic.

If the Government are serious about closing one of the worst gaps of inequality—the gap in life expectancy between rich and poor that my noble friend Lady Lister mentioned—they have to properly support and fund not just the NHS but social care. How will the Bill deliver this? How does levelling up properly relate to those huge challenges? This relates to the following mission in the White Paper:

“Narrow the gap of healthy life expectancy between the areas where it is lowest and highest”.


I cannot see how that will be achieved with what we have in front of us.

I will also look very quickly at mission 3:

“Eliminate illiteracy and innumeracy by refocusing education spending on the most disadvantaged parts of the country”.


Will part of this refocusing of education spending deal with the gap between real funding per head in state and private schools? This gap is widening and letting down our state-funded pupils.

We have heard that the Bill fails to meet the aspirations of the White Paper, but the existing missions will not, as currently drafted, properly solve many of the inequalities in our society. We will be debating the existing missions and the new missions in a future group, so I will not say anything further at this stage. At the moment, we feel that the Bill is lacking in many areas and there is much work to be done.

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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My Lords, I want to talk briefly about the granularity of data, the choice of data and its use, and the need for independent assessment and evaluation of the use of that data in judging the success or otherwise of attempts to level up. On Monday, I raised the need for granularity of data, particularly in relation to my concern about the disparities between urban and rural areas. I am very pleased to see that Amendment 10—I support my noble friend, and my name is on the amendment—proposes that the granularity could be done perhaps at local authority level and even, where possible, at postcode level. The noble Baroness’s Amendment 58 talks about data collection at the level of

“regions, counties, councils and council wards”.

We should all be thankful to the Minister, because she has already very helpfully responded to many of these concerns in a response on Monday to my request for granularity. She agreed with the sentiments but then went on to provide rather more detail, which she said was very complicated. I promised to go away and put a wet towel on my head and look at it in detail afterwards, as she promised she would—I suspect we both now have. It is very interesting to read. She told us what is happening within government to better identify geographical disparities, and talked about

“data visualisation and experimentation techniques”

and

“a transformative data analysis strategy at subnational level.”

I still do not really know what that all is, which is the point of what I want to say, but crucially, the Minister said that:

“The spatial data unit will also consider the differences between geographical areas, such as regions, counties, councils, and even down to council wards, according to the needs and objectives of specific missions or policy areas.”—[Official Report, 20/2/23; col. 1482.]


We should be enormously grateful that that is on the record.

However, the problem is that we also have to be very clear about how the data is going to be used. We might collect it at a granular level but I hope we will also be able to have more detail about how the data is going to be used. Why? Because, sadly, there have been examples where this Government claim to have collected and used data but that does not really seem to follow.

I note, for example, that the current Prime Minister, when he was Chancellor of the Exchequer, announced a tranche of the levelling-up fund allocations. In the press conference that followed, when he was asked how this money had been allocated, he said it was

“based on an index of economic need which is transparently published”.

However, when people went to look for this transparently published documentation, they could not find any. The Treasury had to come up with a statement afterwards to say that the information was coming “shortly” but was unable to say when that would be. When at a later stage people questioned how this all worked, the Treasury spokesman, in explaining the bandings which had apparently been used to allocate how the money was spent, went on to say:

“The bandings do not represent eligibility criteria—and money will be allocated to the areas most in need. Further technical details will be published by the government in due course.”


When, in due course, it eventually came out, and there were queries about all this, the Treasury announced that the factors used included

“strategic alignment with government priorities”,

whatever that may mean.

My point is that it is really good that we are going to have granular data, and I think we should specify in the Bill how that is going to be done. But we also need openness and honesty about how the data is going to be used. That is why the other amendment from the noble Baroness, Lady Hayman of Ullock, is so important, talking as it does about the independent body that will analyse this information.

My final point is simply that I absolutely accept what the Minister says about her concern about putting all the missions on the face of the Bill. But it seems to me that the public have a right to know the key areas of concern that we will use to judge whether levelling up between the various areas of the country has taken place or not. My noble friend on the Front Bench used a very good phrase: she said we should have it in “headline form”. That is really what my noble friend’s Amendment 10 does. It makes a suggestion; I am sure he would accept it is a starter for ten. Other issues have been raised; I could raise, for instance, the issue of home insulation, which is a hobby-horse of mine. In any case, we have time, as my noble friend said, between now and Report to actually get consensus across the House on what the key headline issues are that we are keen to tackle. We can then have separate debates elsewhere about the details. So I think all three amendments in this group cover these three crucial areas of having granularity of data, having a clear understanding of how the data is going to be used and independently evaluated, and what the data is actually going to cover: what are the key issues of concern that we have in the whole effort to level up?

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I am beginning to think that eight days is not enough for Committee. I am sorry about that, but it is such an exciting Bill and we all have so much to say. The point about which data to collect is interesting, because, of course, there is data that is extremely negative and it would be difficult, perhaps, to find a category for it. For example, so far, a huge amount of money has been wasted by the levelling-up funds, because local authorities have often used a lot of time and energy putting together bids that have failed. Are the Government going to collect the data on that waste of money, which obviously —in these days of 13 years of underinvestment in councils and the loss of EU structural funds—means a lot to councils and will affect the service that they can give to their residents? There has been a failure of levelling up already and perhaps we are not measuring everything we should be measuring.

There are a couple of dozen local authorities run by Greens as part of the administration. Many Green councillors have expressed their dismay to me at the level of waste in the levelling-up fund, and it very much concerns me. Instead of taking a long-term view of what is needed, the Government sought quick wins, quite understandably; I can entirely support that idea. However, they demanded submission of “shovel-ready projects”, combined with tight deadlines for submissions, so local authorities had to quickly piece together bids, rather than taking the time to develop what they might have thought were the most impactful and valuable project proposals for their areas. Personally, I see this as a continuation of Boris Johnson’s natural urge—which I saw quite a lot of when he was Mayor of London—to splash money around on grand ideas that grabbed headlines but often failed to come to any sort of fruition.

So far, I do not think the levelling-up fund has been value for money, and it has not been targeted at areas that need it most. There has been a lot of political decision-making about where the funds go, and it is alleged that they have disproportionately benefited Conservative-voting areas. The Government now need to give local authorities a long-term view of what is needed and let them put together long-term proposals. They need capital funds that will be made available over a period of years and support them to dig deep into what would benefit their own areas, because they will know best. I can see a lot of late nights in my future with this Bill, and I do hope that the Government will listen to what we are saying.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab)
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My Lords, I support Amendment 10 in the names of the noble Lords, Lord Shipley and Lord Foster of Bath, and Amendment 58 in the name of my noble friend Lady Hayman of Ullock. The work on this Bill needs to take a very careful approach to geographic disparities. It can be typified as a north/south issue or even as an inter-authority issue, but disparities do not just exist at regional or local authority level but operate in small, distinct areas of multiple deprivation that are embedded in even the most affluent areas of this country. This is so in rural areas and in urban areas as well.

For eight years, I ran health services for Kensington and Chelsea, where areas of tremendous wealth and privilege sit cheek by jowl with pockets of the most extreme poverty in England. I remember taking a new Conservative Minister of Health around the patch, and he expressed extreme doubt about the value of health visitors visiting newborn children and their mothers to check on their progress. He said, “I don’t think my daughter needed that. That’s what the nanny was for”. I took him around an area about 200 yards north of where his daughter and said nanny lived in Ladbroke Grove, to a squat with a single-parent 16 year- old new mum living in a single room with no electricity, with the loos purposely blocked with concrete by the landlord, who wanted them out. There was slime running down the walls. I think at that point he did see the value of health visitors, but that degree of poverty was within a 200-yard strip of pretty wealthy—certainly comfortable—living. It is also the case in rural areas. Rural poverty is often hidden in small pockets in dispersed communities, and in small communities where everybody knows about it but it is not very visible to anybody in authority.

I am afraid that I was not here on Monday, but the Minister must have said then that the tools do exist for looking at data on levelling-up issues at a very fine-grain level. That has been enhanced in the last few years by modern mapping and big-data analysis techniques, which is the shortform for the thing that got the noble Lord, Lord Foster’s, towel around his head. I am proud of the fact that it was the Labour Government who set up the Neighbourhood Statistics Unit in the early 2000s. As a result, we have a long history of fine-grain, small-area statistics based on what is snappily known as “lower-layer super-output areas”. There are almost 33,000 of those that are mapped on a continuous basis for a whole range of parameters across the country. It is that kind of level of statistics that we need to use to track levelling up within and between neighbourhoods.

If you read the White Paper, you see that it talks about that sort of issue. It talks about being able to differentiate and to have data as one of its five pillars. However, that really does not reflect in other measures in the Bill. We may have the data, we may have the commitment to small-area identification and levelling up on that basis, but I am not sure that we have anything in the Bill that then takes that forward.

I very much welcome the expansion proposed by these amendments to what is basically the index of multiple deprivation, which is the current most-used official measure of relative deprivation in England. I would have liked to have seen environmental poverty and quality of environment added. People in poorer areas tend to be landed with a poor-quality environment. In Victorian days, as you got richer, you moved up the hill to get further away from the smog. That is still the case now in terms of people’s aspirations to get out of the crap environments they often live in as soon as they have got the money to be able to do so. We simply cannot continue with that. Will the Minister say how the Government intend to ensure that levelling up focuses on this fine grain of geography in both rural and urban areas, in order to be effective and to ensure that they do not miss out in higher-level aggregate monitoring of the levelling-up process?

There is, rightly, much focus on the role of local authorities and local institutions in this. However, the Government need to show how we will monitor that that work is happening within local authorities in an effective way if levelling up is to become a reality for many of these people, who spend their lives in pretty poor circumstances, watching their rich neighbours nearby.

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
Lord Lansley Portrait Lord Lansley (Con)
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I shall presume to follow my noble friend and speak to Amendment 310 in my name and that of the noble Baroness, Lady Jones of Moulsecoomb. I support my noble friend’s amendment, which is very helpful in setting out in full the potential structure of a power to enable local authorities to hold meetings remotely. Of course it does not require them to do so—it simply permits them to do so.

The story of this, essentially, is that during the pandemic the Coronavirus Act 2020 permitted local authorities to hold meetings remotely, and many did. That expired on 7 May 2021, and the Local Government Association and others sought a declaratory judgment from the High Court as to whether they could continue to meet remotely, in the absence of specific legislative provision. The High Court said that they could not—that it was clear that meetings required persons to be in the place required under the 1972 Act. Since 7 May 2021, they cannot proceed with remote meetings, which is a serious impediment, not least since the LGA’s chair at the time said that:

“The pandemic proved that using virtual meeting options can help councils work more effectively and efficiently and can in fact increase engagement from both councillors and residents”.


The first is fairly obvious; the second is particularly helpful. A survey conducted by the LGA back in November 2021 demonstrated that costs were lower for virtual meetings but also, and more significantly, public attendance could be higher at virtual meetings. It is very important to give local authorities those options.

The point that I come to is that the Government at the time, back in 2021, issued a call for evidence on remote meetings. We are now the best part of two years on and they have not proceeded on the basis of that call for evidence. I would hope or expect that the call for evidence demonstrated that this is an opportunity to assist local authorities to structure their meetings in a way that can maximise engagement and participation, and I am at a loss to know why they have not proceeded. At the time, of course, they said that there was a lack of a suitable legislative opportunity—well, here we are, and here it is. The Government have not put it in the Bill, but we have the option to do so. I may press my noble friend the Minister a little more than my noble friend Lady McIntosh might do: the time has come for the Government to get off the fence on this one. On Report, the best possible solution would be for them to bring forward their own amendment for this purpose.

There is a difference between the two amendments. Mine relates only to planning meetings and its structure is to create a regulation-making power for the Secretary of State. I suspect that, for that reason, it is preferable to the Government since, in Amendment 158, we have a regulation under the Coronavirus Act 2020 that is being turned into primary legislation. That is not always the most helpful way to structure things. I think the right way forward would be for the Government to introduce their own amendment on Report.

I was interested in this from the point of view of planning meetings, as part of the general process of trying to encourage efficient and effective decision-making in planning. I understand that there is an argument for this to be applied more generally, although it was obvious, from some of the references to evidence given before the High Court, that there is some hesitation on the part of experts about holding, for example, councils’ full or annual meetings virtually. The problem is the lack of personal interaction between councillors at such meetings and the difficulty of managing business under those circumstances. It is fair to say that simply giving local authorities this power would be a straight- forward way to do it, but I completely understand if some restrictions, particularly on full or annual council meetings, limited the exercise of that power. Either way, I hope that my noble friend indicates, whether definitely or otherwise, that the Government will think urgently about whether to bring forward measures to give local government this power in the Bill, through amendment on Report.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I support Amendments 158 and 310. Obviously Amendment 310 is more limited so I see it as a fallback, but I honestly cannot see any reason for the Government not to accept Amendment 158.

Covid obviously provided us with a lot of challenges, one of which was how to keep things going and how society and, for example, your Lordships’ House could still function. At the time, I thought that your Lordships’ House managed better than the other place. We were quicker to put in remote systems for voting and participating, which I thought was a huge advance in the methods that we used for debates and to create legislation.

I actually did not know that councils cannot meet virtually any more and think it is a terrible shame. I have been a councillor and it is really hard work. Going to council meetings on a cold wet night in November, December, January or February can be an extra challenge. Quite honestly, why on earth would we not do this? Virtual council meetings—and virtual meetings of your Lordships’ House—worked extremely well. We all found that we could work the mute button, although some have gone backwards on that. We still allow noble Lords to engage virtually, so it is logical for councillors.

Work has changed because of Covid. More people are working remotely and not going into the office as much. One of my daughters, although she has a full-time job, goes into the office only two days a week now. My partner goes into his office one day a month and my other daughter goes into her office once every two months. Even so, they all work extremely well and efficiently. I do not understand this regressive move.

There have been other regressive moves here. I loathe how we still start in the afternoons, even though we started earlier during Covid. It is easy to slip back into bad, old habits instead of taking new ideas forward and engaging in the best way possible. I hope that the Government see sense on this and, as is suggested, bring their own amendment forward. We would all support it.

Baroness Scott of Needham Market Portrait Baroness Scott of Needham Market (LD)
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My Lords, I declare an interest as the president of the National Association of Local Councils. I added my name to this because NALC is very firmly of the view that there were huge benefits, which I will talk about in a moment, to virtual meetings during the pandemic. Councils were very sorry to lose them when the regulations expired in May 2021. As the noble Lord, Lord Lansley, mentioned, there is evidence of more participation by council members in virtual meetings but, for me and members of NALC, the really telling thing was the increased participation of members of the public. At the end of the day, that must be the most important thing; there was more engagement and transparency because people could more easily engage.

There were other benefits as well. One that I feel particularly strongly about—I have heard some powerful testimony from parish and town council members on this—was to those who have now had to give up because they cannot find childcare or because their partners need care and they simply cannot get out. It cannot be right that this whole group of people are being excluded from an activity that they love to do and at which they are probably very good. Virtual meetings could really help them.

I will make two other brief points. First, when I was a county councillor, I tried to get around my parishes but I had 12 of them—I had colleagues who had 23 or 26. It is not just county councillors; there are the district councils and people from the police and from health. They want to get around and meet town and parish councils, but it is very difficult. Virtual meetings provide a great way for people like that to engage with their local councils. It really makes it more straightforward.

Secondly, I return to the point from the noble Lord, Lord Lansley, about this call for evidence. It took place between March and June 2021, when the regulations expired. In February, Lawyers in Local Government and the Association of Democratic Services Officers submitted a freedom of information request to ask exactly what had happened to the consultation responses. I will read the reply:

“We believe that releasing this information at this stage serves no particular public interest and is outweighed by the level of burden imposed on the Department in processing your request. The Government does intend to respond to the call for evidence, and when we do, that response will include a summary of the responses received. We are therefore not obliged to consider your request any further.”


Can the noble Baroness say—oh, it is the noble Earl; bad luck—why, after two years, this has still not been done? Does the Minister believe that this is a fair way to treat the 4,370 people and organisations that submitted evidence in good faith only to find that it has in effect been shelved?

Given that legislation is required to make this change—what lunacy that we live in a country where you need legislation to allow councils to choose how they should meet—this Bill would have been perfect for it, yet the consultation responses are still gathering dust on a shelf somewhere. Can the Minister say when he believes these will be dealt with? Can we have this in time for Report, given that we will have Easter in the middle, and some movement on it when we come to Report?

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Earl Howe Portrait Earl Howe (Con)
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I completely appreciate that, but I ask the noble Baroness to hear me out. There are benefits, which we would all recognise, to the side-discussions that are facilitated by being physically next to colleagues, and these are not the only considerations. It is worth my reminding the Committee that there is no restriction on in-person council meetings being filmed or webcast to allow the public to view proceedings remotely. Indeed, the Openness of Local Government Bodies Regulations 2014 extended full rights for the press and public to record and broadcast council meetings.

I have listened carefully to my noble friends and to noble Lords opposite, who have argued, often from first-hand perspectives, for the current legislation to be changed. I am afraid that the most that I can do at this stage is to say that we will keep the matter under review, and I undertake that we will do so.

My noble friend Lord Lansley, and the noble Baronesses, Lady Scott of Needham Market and Lady Hayman of Ullock, asked me about the current position on the call for evidence and the government response. Conversations are continuing across government and as soon as possible after those conversations are concluded, we will publish a government response to the call for evidence, which will set out our intentions. However, for the time being, I must resist all three of these amendments.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Can the Minister explain why your Lordships’ House allows virtual contributions but does not give councils the opportunity to do the same thing?

Earl Howe Portrait Earl Howe (Con)
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That is one of the considerations we are looking at. The noble Baroness is quite right—she knows that there are certain of our number whom the House in its wisdom has decided should be allowed to contribute virtually. These things should be considered in the mix, but I am afraid I cannot give the Committee a definitive answer for the reasons I have explained.

Levelling-up and Regeneration Bill Debate

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Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
There is simply too much scope for inconsistency in the current system. This is a critical decade, as was pointed out in the IPCC report this week. The Government have to be clear that all developments must have at their heart a special regard—a legal regard—to the need to contribute towards net zero. This net-zero test will shift us closer to climate-positive and nature-positive development. I hope the Minister will agree.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I think we all know that the planning system does not function very well at the moment. It has become more and more complex over the decades, and is now a morass of rules that many of us do not understand. The Bill is an opportunity for a lot of things, but it is an opportunity to put that right and make sure that, as other noble Lords have said, the planning process actually works for people, residents and communities and is not just made up of rules that make no sense anymore. We can use it to make sustainable, healthy communities—why on earth would anybody disagree with that?

I know that some people deny that climate change is happening, and I am sure there are some who think that the IPCC report is not worth taking into serious consideration. But, of course, a lot of people in Britain are incredibly anxious. As we have seen, houses are still being built on flood plains and in ludicrous places where they will be damaged and probably will not be able to get insurance.

One of the lessons from Covid was that people do better when they are out in nature, so we need to include green spaces and that sort of environment to allow people to exercise, walk, and be with their dogs and their children.

One of the things I found when I was on a local planning committee when I was a councillor—for four very long and hard years—is that the officers abide by the rules. You can be as green as you like as a councillor, but that comes to absolutely nothing if you run up against the rules. Officers know the rules, and they insist that we act by them, so we need strong rules and good clear guidance.

In the other place at the moment, a former Prime Minister is struggling to keep his temper, apparently, as he discusses rules and guidance, what he knew and did not know, and so on. We should not do what we did during Covid and have a whole collection of quite confused rules, guidance, recommendations and even advice. We should make this clear and make the planning system fit for the sort of country we want to be.

Of course, if we want to take pressure off the National Health Service, we should be thinking about everybody’s well-being and about how everybody lives. At the moment, the planning system is not fit for purpose. I completely support all these amendments and agree with everything that has been said so far.

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
Lord Lansley Portrait Lord Lansley (Con)
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My Lords, I will speak in particular to Amendments 200 and 205 which are tabled in my name. I will also talk about one or two other amendments in this group, which were very helpfully introduced by the noble Baroness, Lady Taylor of Stevenage, who set out not only the purposes of her amendments but gave a very straightforward description of all the other amendments. I am most grateful for that.

As noble Lords will have heard, Amendment 200 would enable a joint spatial development strategy to

“specify or describe employment sites the provision of which the participating authorities consider to be of strategic importance to the joint strategy area”.

The reason for this is that at this point in Schedule 7 there is reference to infrastructure that is relevant to the joint strategy area as a whole, not just to one participating authority. There is then a reference to affordable housing. I am not quite sure where that came from, since it is not obviously the case that affordable housing necessarily has implications of strategic importance beyond the participating authority in which the affordable housing is to be provided, but leave that on one side.

If one is to identify and specify in this part of Schedule 7, which is about making a spatial development strategy and looking at what is of strategic importance, it seems fairly obvious that employment sites—which, by their nature, will be the large employment sites—absolutely give rise to a need for them to be identified in a joint spatial development strategy. That links directly to the question of infrastructure and, in due course, to housing need. The infrastructure point is where the SDS really comes from. The SDS is about enabling that strategic planning to be achieved.

On a later group I will reiterate a broad point, which I will return to on a number of occasions in our debates, which is that, if we do nothing else, I hope we can identify and move towards opportunities for the planning processes to be co-ordinated, not just land use planning but transport planning, utilities planning, power supply and water supply. These all need to be properly integrated to have the best overall effect.

How is this to be achieved? I should remind noble Lords again that I chair the Cambridgeshire Development Forum; that is a registered interest of mine. Back at the beginning of the year, we had a very good presentation by Graham Pointer from WSP, who worked on the integrated planning processes in New South Wales. The essence of it was very straightforward: integrated planning of land use, transport, power, water and the environment and ensuring that these plans were then able to be funded together. We are not going to get into the funding mechanisms, but we can certainly ensure that there are integrated plans, ideally on integrated timetables.

One would imagine that this is very straightforward and it should be possible to make it happen. It almost never happens in the places I go to. There are constantly different tiers of administration in local areas that are conducting different aspects of planning at different times and with different parameters. We really need to try to integrate planning. If my noble friends on the Front Bench can push that forward, using spatial development strategies, that would be really useful. At the Westminster Social Policy Forum, I chaired a discussion on the OxCam corridor the Friday before last. It was one of the strongest messages to come out. Here is a key economic area. On travel to work areas, as a consequence of, for example, the east-west rail development, those areas may well be extended, so that the travel to work area for Cambridge extends potentially to new sites and settlements in Bedfordshire, and the travel to work area for Oxford and Harwell might well extend increasingly to settlements in and around Milton Keynes.

Increasingly, we have different authorities in different counties whose planning processes need to be co-ordinated and integrated together. Spatial development strategies are a way of doing that. I am old enough to remember when we had the Standing Conference of East Anglian Local Authorities and we used to do planning processes through regional mechanisms. We do not have regional planning now but that does not mean that we need to abandon the concept of strategic planning. Strategy does not require us to have integrated and large-scale authorities; it just means that the authorities need to come together.

Amendment 200 is specifically about employment sites, because of their relative strategic importance to an area or combined areas. Amendment 205 is about bringing additional authorities with a role to play into the process. I am grateful to the County Councils Network for its assistance in shaping an amendment for this purpose. I added the reference to travel to work areas, so I am particularly pleased that the noble Baroness, Lady Taylor of Stevenage, commended that it should extend specifically to those authorities within a travel to work area, even if they are not one of the participating authorities. That is why we want to focus particularly on district councils, which may not join in the SDS but need to be consulted in the process. Also, counties and county combined authorities should be included in the consultation.

This engagement and consultation is in relation to their functions but it does not make them participants in the spatial development strategy itself. It does not give them a veto over the spatial development strategy but is confined to their bringing to the party the things that they can do. Given that for counties it includes something as integral as transport planning, this is fundamental to a spatial development strategy being able to work effectively. I am grateful to the noble Baroness, Lady Jones of Moulsecoomb, for signing that amendment. I confess that I cannot see that we can put counties into the spatial development strategies as such, because of the difficulties of their not having planning powers—this is a combination of those that do have the planning powers—but it is absolutely right that they should be involved.

Apart from my own amendments, I want to say a word about Amendment 199. When I read it, I asked myself why the combined authorities are not part of this. The only reason I can think of is that they already have a non-statutory spatial strategy power. Frankly, I think that should come to the party. If noble Lords have a moment, I suggest they look at pages 288 and 299 of the Bill, and the new subsections at 15AI to be inserted. This is about what happens when a combined authority is created, and where these areas are already engaged in a joint spatial development strategy. It is awful. Basically, it collapses and it is cancelled; it is all withdrawn. That is the last thing you want. Where participating authorities are working together on a spatial development strategy, the creation of a combined authority should supplement that and enable them to accomplish it more effectively, not cause it all to be withdrawn or cancelled. The language is terrible, but the intention seems to me to be wrong too. I would much rather combined authorities joined in.

In the Cambridge area, we have the Cambridgeshire and Peterborough Combined Authority. The need for planning in that key economic hub extends out from Cambridge to Royston in Hertfordshire, to Haverhill in Suffolk, to Thetford in Norfolk, and to Bedford and Cranfield. It is obviously a candidate that is not only economically important but requires the joint working of local authorities and integrated planning across a wider region. It seems to me that spatial development strategies are a good thing, designed to enable that to happen, but we need the legislation to be more permissive. I would particularly focus on Amendment 205. I hope my noble friend will indicate that Ministers are sympathetic to the ability of counties, and other county combined authorities, to get involved in this way.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it is a pleasure to follow 11 minutes of the noble Lord, Lord Lansley, explaining the amendments. I have tabled amendments in this group and supported others because of the potential importance of strategic planning in tackling the climate emergency. We need to embed it in everything that councils do, alongside solving the acute housing crisis in this country.

Mine are probing amendments to find out how the Government see the role of county councils within the production of a joint spatial development strategy. County councils sit one tier above planning authorities, but many have strategic functions—for example, transport, health, social care or education. It seems slightly odd that they do not have a planning role as well.

Schedule 7 as currently drafted would need participating planning authorities to consult the county council once a draft strategy has been produced. It seems to me that this perhaps misses the opportunity to involve county councils actively in the development of the strategy, which I think they could very much contribute to. Taken to its highest level, the county council could even initiate the process and convene the planning authorities to work together. It seems to me that that is likely to happen anyway.

I would like to know the Minister’s thinking on how the Government see the role of county councils in strategic planning and whether they might explore the opportunity of more fully involving counties in spatial development plans.

For most Bills, the more I get involved the more fascinating they become. This Bill is an example of that not working at all. I am finding it incredibly difficult, and I sympathise with the Minister dealing with it. It is very difficult to find a coherent thread through this whole Bill. I applaud her and the Labour Front Bench for toughing it out.

Lord Deben Portrait Lord Deben (Con)
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I wonder if my noble friend would accept that it sounds a bit odd to those of us who live in the countryside that counties should be left out. I know why it was; I can see the civil servant saying to her, “Well, you know, counties don’t have planning powers, except for minerals, so it really doesn’t count here. It’s the district councils that have it”. I know what they have said; they would have said it to me all those years ago—that is what they would do. I say to my noble friend that I will not easily be dissuaded from the fact that the county council is crucially important if you go in for spatial planning. I do not see how you do it otherwise.

Take the planning authority for Ipswich. Several of the housing developments and industrial sites that anybody else would have thought were in Ipswich are not; they are outside it, in another district council. The county council has to provide many of the services that service the whole group. If the county council is excluded from this, it is not just a bit odd but it will not work—the county council is crucial.

The second reason why I ask my noble friend to look again is a simple matter. We had the welcome announcement of a new relationship between national and local government. I am distressed by the way that national government often treats local government as if it is a sort of incubus, and I am afraid that civil servants often have a view of local government officers which is other than entirely polite. They say, “Better not, Minister—you never know what they might they do. Therefore, don’t give them any powers without us being able to pull them back.” I am afraid that is the view of many of the civil servants who serviced Ministers and continue to do so, so I want to break into that.

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I very much hope that, on Report, noble Lords will ask those in the other place to think again about these changes and restore the Government’s policy to what it was when the Bill was introduced, rather than what it has become since those changes were proposed over Christmas.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I have been trying not to get into a lot of the groups on the Bill but I regret not getting into this one. Amendment 198 makes such good sense because politics is a fairly dire arrangement these days. A lot of voters have lost interest and do not trust us. Getting people involved at the local level is an excellent way of stimulating their appetite for more politics at different levels, so I very much support Amendment 198.

I quite like Amendment 209, but somehow “environmental issues” is just thrown in—you have to say it, do you not? I do not know what it means. I would like it to mean a lot but I am not sure that it means very much at all.

The noble Lord, Lord Young of Cookham, quotes to us the Conservative Party manifesto when the Government have broken so many promises and back-tracked on so many things. I hardly think it is a very good example for any of us to hold up as something we need to follow. Plus, his comments about the green belt were absolutely outrageous. It is not for people with gardens or people with country estates; it is for people who live in inner cities, who have no gardens or green space to walk about in. The green belt has a huge value for them, so please let us not forget that.

Amendment 211 is from the noble Lord, Lord Lansley, and the noble Lord, Lord Young of Cookham, for whom I have huge respect, by the way. My telling him that the Conservative Party manifesto might as well be thrown in the bin—as it has been by the Conservative Party—does not mean that I do not have huge respect for him. Again, this amendment is about economic growth. We went through this in the Budget. Growth is not about well-being or prosperity; it is about grabbing more and more of the earth’s resources. It is not necessarily something that we want to keep promoting. If we are going to talk about growth, can we please talk about well-being, green spaces and environmental support, and not just constantly about businesses, inward investment and that sort of thing?

Let us please try to remember that we have a climate crisis. It does not matter whether you believe it or not; the fact is that the IPCC has published a report that was gone through by dozens of Governments and hundreds of scientists. They all quibbled over it, but they finally came to a report that is absolutely devastating. We really should be looking at that. Every time we put down an amendment, we should have that at the back of our minds, so that we say things that will help us in the future and help our children and grandchildren. At the moment, we are not doing that.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I was not going to speak, but the noble Lord, Lord Young, summed up one of the problems with this Bill in general: we have an important Levelling-up and Regeneration Bill that does not tackle the crisis of housing supply—something I talked about at Second Reading.

I want to clarify at this stage in the evening that, while the points made by the noble Lord about the green belt are not by any stretch of the imagination that every part of the green belt should be built on or concreted over, it is a misnomer to suggest that the green belt is a beautiful green area for people who do not have country homes, gardens or parks to go to. Lots of it is actually unusable by the public. What the noble Lord suggested was a review. If the review indicated that it was valuable for the well-being of the nation, that would be fine, but it would be able to show that huge swathes of the green belt are misnamed and could be productively used for housing for young people and people who are desperately in need of homes.

My final quick point is that economic growth has to be the solution for austerity and the cost of living crisis. You cannot tackle the fact that people are too poor unless you produce more. That is called economic growth. Austerity is unpleasant, nasty and brutish, even when dressed in eco clothes. We need more growth, not less, especially at this time. People’s well-being will not be tackled or helped if they do not have the proceeds of economic development and growth.

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Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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This is utter nonsense—absolute nonsense.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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I appreciate that we disagree. I thought the point was that we would disagree well in Committee. I have sat and listened to this debate for many hours. I just wanted to clarify why I think economic development is important: we will not be able to build any houses and nobody’s well-being will be helped if we stand still economically or go backwards. I do not relish austerity for the masses. Therefore, I think we need economic growth, mass housebuilding and the supply side to be tackled.

Levelling-up and Regeneration Bill Debate

Full Debate: Read Full Debate
Department: Leader of the House

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
Earl of Caithness Portrait The Earl of Caithness (Con)
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My Lords, I will take this opportunity to speak to my Amendments 270A and 270B, which are amendments to the amendment just spoken to by the noble Baroness. I added wildfires because it is an area of increasing concern to which the Government at the moment are not paying enough attention. They are not the only Government in the world who do not pay enough attention to it, but I think we have fallen into the habit of thinking that we are a wet country and have a lot of south-westerly winds and get deluges of rain—and we look at the flooding. However, the other side of that coin is the question of wildfires.

We are not the only country in this position. Portugal is a country that gets considerable downpours and the Atlantic winds but suffers the highest rate of wildfires in Europe. We are in a position where it could be our turn next. It is therefore very important that the Government get their act together now in anticipation of what is coming, because we have no comprehension of the size of the coming inferno.

Some in the House may ask why we are talking about wildfires, as they happen only on peatland up in Caithness or on the North York Moors or at Saddleworth. No, my Lords: last year on 19 July, the London Fire Brigade had its busiest day since World War II because of wildfires within London. It was the occupation of all those fire engines which must cause concern, because those fire engines were then not attending to other duties. There is a compounding effect from the damage that wildfires can do. I thought it appropriate to add this to the amendment because of its importance.

It is also worth bearing in mind that, just as with flooding, with wildfires you do not know the true cost for some weeks, months or years after the event, because it affects people in different ways. If one goes back to the Saddleworth Moor fire, 4.5 million people were affected by PM2.5 or less. That is a huge number, and it degrades the life of those people who have been affected. When you transfer that to the much more urban area of east London, again the situation is compounded.

I ask my noble friend what the Home Office is actually doing on this. It is the lead department under the Wildfire Framework for England, but the Home Office did not turn up to a workshop with the Climate Change Committee in January this year, when the other government departments did, as well as the Scots, the Welsh and COBRA. It was hugely important that the lead government department was at that workshop, but it was not there. Is the Home Office fit to continue its role as lead in this area? Why did the Home Office not attend that workshop? Why has it not updated the Wildfire Framework for England, which was due to be updated last year—and we are now in April? This is not a sign of a Government who are concerned about this problem and showing a lead. I hope my noble friend will be able to give me some answers.

The year 2022 was a wake-up call for us all in the number of wildfires as a result of manmade climate change. That needs to be addressed, and I hope that my noble friend can help us with some answers on that.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I shall speak to the amendments in the name of my noble friend Lady Bennett, and in mine. It is such a pleasure to hear the words “manmade climate change” coming from the government Benches. It is a real pleasure, because when I first came here in 2013, I was the only person talking about it, so thank you everybody who has mentioned it today.

I support quite a lot of the amendments in this group, but I am slightly concerned about the amendments of the noble Lord, Lord Lansley, and perhaps he would like to clarify. It looks as if his amendments would prevent a spatial plan or a local plan from targeting net-zero carbon emissions earlier than 2050. It is not enough to achieve it by 2050; we must make sure that it is done incrementally, not all at the last moment. That would create problems for, for example, the Green-led Stroud District Council, which is targeting achieving net zero by 2030. It would be madness to try to delay anything like that. I am not sure if that is the intention, but I would like to know. Sorry, does the noble Lord want to answer me now, before I have finished?

Lord Lansley Portrait Lord Lansley (Con)
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I just want to say that my purpose was to incorporate into the legislation what are existing statutory obligations on local authorities. That would not constrain them from planning for something more ambitious.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I thank the noble Lord; ambitious is good.

On Amendment 226, we need to define “mitigation” and “adaptation” in relation to the Climate Change Act 2008, because that Act’s target is again 2050, and we cannot risk any council plans that seek to achieve net zero sooner.

Moving on to hedgehogs, I think that everyone that I have mentioned this to today is so supportive of holes in fences and hedges for hedgehogs. I am really pleased about that because hedgehogs are an indicator species, which means that we can monitor what is going on with other ecosystems because of hedgehogs. If they become rare or even extinct, it will be harder to track damage to ecosystems and the environment. They indicate the health of the environment and of nature as a whole. The State of Britains Hedgehogs 2022 report found that numbers are down in rural areas by between 30% and 75% since 2000. Clearly, we have a problem here. Globally, hedgehogs are of least concern, but here in the UK the population is now classed as vulnerable. Therefore, I beg everybody to support this tiny but important amendment.

On Amendment 273, in the name of my noble friend Lady Bennett, I am delighted that it is being supported by Labour, which has an amendment to that amendment. I personally have been talking about this since I was elected in 2000, and I do not know why it is still not understood. All buildings have a carbon content and when you destroy them, when you knock them down and throw the debris away, you are wasting carbon and you are then generating more carbon by replacing them, so, please, something along these lines must go into this Bill. I do not understand why the Government have not woken up to that yet.

On my Amendment 293, I really wish I had put something in, after the hedgehogs, about swift habitats. There are real concerns about the swift population in Britain. Obviously, preserving and enhancing habitat has a big impact on all birds, but particularly swifts. They arrive in the UK during the summer, lay their eggs and incubate them here. They like to live within houses and churches, and they need spaces to get into nesting sites. A lot of developers are now using swift bricks with little holes, which allow swifts spacious housing very safely within houses. Also, we can retrospectively put swift boxes up, which can do the same. Swifts play a crucial role in controlling insect pests, for example, so we need to support them. Numbers have plummeted, with a 53% decline since 2016, which is very disturbing. The Labour council in Ealing is doing its best to develop a site that has got a lot of swift habitats, so I would be grateful if any noble Lords who know anyone on Ealing Council could point out to them how destructive this is and that they should not be developing an area which swifts desperately need in London.

Of course, you need ecological surveys. Most noble Lords here care about nature, and if you do not know what nature is there, then you do not know whether you will disturb it or damage it in any way. A survey is basic to everything that is part of development of any kind. I thank your Lordships for listening.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I declare my interest as a vice-president of the LGA. I apologise for my late arrival at this debate, and for missing some of the comments of the noble Lord, Lord Lansley.

I wish to speak in support of Amendment 293 in the name of the noble Baroness, Lady Jones of Moulsecoomb, to which I have added my name. The noble Baroness, Lady Jones, introduced her amendment clearly. I fully support the introduction of ecological surveys taking place prior to planning applications being submitted, and mitigating measures taking place. Having been a member of a county council for 20 years and a district council for 10 years, I am only too well aware that the information provided to councillors taking planning decisions is often very sketchy and sometimes non-existent. Proposed new subsection (2)(a), (b) and (c) is extremely important to ensuring success in preserving vulnerable species of both animals and plant. Proposed new subsection (2)(d) should be absolutely the last resort: offsite mitigation should be avoided at all costs, and considered only after all other avenues for mitigation onsite have been exhausted.

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Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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Since this is a Defra lead, I will commit to write to my noble friend and share the answer with the rest of the Committee.

Amendment 504D, tabled by the noble Baroness, Lady Hayman of Ullock, addresses the need for transparency when decisions are being made against the advice of the Environment Agency, which provides important expert advice on matters relating to flood risk. I reassure noble Lords that its advice is taken very seriously. In July 2021, Defra published the findings of a review of planning applications in which the Environment Agency commented on flood risk. It showed that, from 2019 to 2020, 95.4% of these planning decisions were made in accordance with the Environment Agency advice.

Where there is a difference of view, existing powers in the Town and Country Planning Act enable the Secretary of State to issue directions to local planning authorities restricting the grant of planning permission or to consult with such authorities as may be prescribed before a decision is made. Our consultation direction requires that local planning authorities consult the Secretary of State where they intend to grant planning permission for major development in a flood risk area to which the Environment Agency has made an objection that it has not been able to withdraw, even after discussions with the local planning authority.

Local planning authorities are also required to publish all their planning applications and decisions on their planning register. This includes representations where a government department or an agency such as the Environment Agency has expressed the view that the permission should not be granted as it is unacceptable or should be granted subject to conditions to ensure that the development is acceptable.

As part of our digital agenda, we want to ensure that these decisions become more accessible so that it is easier for all to identify where development is coming forward against advice, whether that be the Environment Agency, the Health and Safety Executive or a local highway authority. We believe that this is best addressed through open access to data rather than further statutory obligations to produce reports.

Lastly, the noble Baroness, Lady Bakewell of Hardington Mandeville, asked about planning fees. We are not changing fees through this Bill, but we are consulting on proposals to increase planning fees to ensure that local planning authorities are properly resourced to improve speed and the quality of their decisions.

I hope that, with these reassurances that I have been able to give today, my noble friend Lord Lansley will feel able to withdraw his amendment.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I know this is the standard format—we put forward improvements and the Government bat them away, saying “It is all under control. Do not worry about it. We are dealing with this”. But it is clear that there are huge problems within the planning system that some of our amendments would fix, and I do not understand how the Government can be so complacent about rejecting these. I know that this is the convention, but surely somebody somewhere in the Government is looking at these and thinking they are not such bad ideas.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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Of course the Government are doing that, but we have to consider everything in the round, and we are doing a huge amount through the Environment Act and other legislation in order to allay some of the concerns that have been voiced today in the Committee.

Earl of Caithness Portrait The Earl of Caithness (Con)
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My Lords, before I come back to my Amendments 270A and 270B, and Amendment 270 in the name of the noble Baroness, Lady Hayman of Ullock, I need to correct one small thing that the noble Baroness, Lady Jones of Moulsecoomb, said. The noble Baroness said that she was the only person talking about manmade climate change and that made me giggle—I was talking in this House about manmade climate change before she even joined the Green Party, when I was a Minister for the Countryside.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I dispute that, but I do admit that I overstated the case. It was a struggle, and it still is a struggle, but I would like to know which date the noble Earl is using for that.

Earl of Caithness Portrait The Earl of Caithness (Con)
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I knew that would get a rise out of the noble Baroness.

Coming back to my amendments, I think my noble friend said that there was legislation already on the statute book to cope with the situation. Why is that legislation not being utilised and implemented? One of the key factors with wildfire is fuel load, and we are now learning more about fuel load and wildfires that we did not know before in the legislation that she made reference to. We know that at the moment we have got fires occurring in this country that the fire and rescue services cannot cope with because of the fuel load within the fire itself. What are the local authorities doing about that? If they have got the powers, why are they not using them? Why has the Climate Change Committee, in its latest report to Parliament, stressed the need for, and asked the Home Office to create and implement, a strategy to identify and mitigate the risks of wildfire? My noble friend did not answer the question I asked her about the Home Office earlier. Can she now answer these questions?

Levelling-up and Regeneration Bill

Baroness Jones of Moulsecoomb Excerpts
Lord Lucas Portrait Lord Lucas (Con)
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My Lords, I very much support what my noble friend has just said, having grown up in that part of the country and spending many happy decades fishing there. I just ask my noble friend the Minister, if he is going to give special consideration to chalk streams, to end the discrimination against Sussex. In particular, my local chalk stream should be included in the list, which it is not at the moment. The fact that it is called the Lottbridge Sewer should not be enough to exclude it.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it gives me great pleasure to support every word that the noble Viscount has just said—a rare event.

I have recently joined a group of people who meet monthly to assess the health of the chalk stream that runs through their village by counting river flies, and the experience has been a real pleasure. There is nothing as satisfying as seeing a healthy ecosystem, and luckily theirs is.

However, as the noble Viscount has pointed out, chalk streams are extremely vulnerable. In fact, the amendment should not be necessary at all because we should automatically be protecting the health and well-being of our chalk streams. So I very much support the amendment. I hope it comes back again and again and we vote on it—or perhaps the Minister will snap it up as a good thing to do.

Lord Deben Portrait Lord Deben (Con)
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My Lords, I too am not always in agreement with the words of my noble friend, but I strongly support the amendment.

The key point is that chalk streams are more vulnerable than almost any other water because they are concentrated in areas of considerable development and they are subject to considerable abstraction and the results of sewage disposal. There is therefore a particular reason for isolating them as opposed to other things.

The crucial reason is that we are fortunate enough to have the majority of the chalk streams in the world. Britain needs to be very careful about protecting those few things that we have almost uniquely. I have to say to the Government that, awful though the REUL Bill is, this subject is clearly not going to be part of it, so this is an ideal opportunity to make that statement.

I fear that I know precisely what the civil servants will have said to the Minister. First, they will have said: “First of all, we really need a wider range of things here. We need to apply this much more carefully because otherwise people who will not be covered by this will object”. Secondly, they will have said: “It’s very difficult to isolate chalk streams when we are not covering this, that and the other”. Thirdly: “There will be other opportunities to do this in other legislation”. Fourthly: “This is a very big Bill already and we don’t want to burden the system with anything more”. Fifthly: “This particular amendment doesn’t cover all the chalk streams that ought to be covered, and therefore it would be better to wait until we can cover them all”.

There may be other things that civil servants will have told my noble friend, but I suspect that those are the first five. I suggest to him that this is the moment in which he does not listen to, “Better not, Minister”, and puts in, instead of that, “Be off, civil servant!” We need to have this. It is not perfect, but if we wait for perfection, we will do nothing. I just hope that the Minister, in whom I have great confidence, will be able to say, “This is a sensible thing to do and I can’t really think of any good reason for not doing it”—and therefore will do it.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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There is an enormous number of amendments, and I somehow did not spot it. If I had spotted it, my name would be on it.

Earl of Caithness Portrait The Earl of Caithness (Con)
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If I were a fisherman on one of the Dorset rivers now with the mayfly hatching, I would have caught a most wonderful trout at the end of my line.

I say to the noble Baroness that I was alarmed, because I know that, in her heart of hearts, she is very supportive of this. However, her boss Keir Starmer said that he wanted to develop on green land. As my noble friend Lord Deben has just said, our chalk streams are going through highly developed land already. Which side of the fence is the Labour Party on? I hope the noble Baroness will reply.

I will ask of both Front Benches the question I was going to ask of my noble friend the Minister. Are they prepared to give the commitment to our chalk streams that the chalk streams demand? To remedy the chalk stream problem, it is not a question of days, months or years, but of decades, and an awful lot of interests have to be tackled. Unless we can get reassurance that all the parties across the House have that commitment, our chalk streams will not be in the health they should be

Levelling-up and Regeneration Bill

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Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I have enormous sympathy for the case made by my noble friend Lord Holmes and very much hope that the Government respond as positively as they can.

The background to my Amendment 459, to which Peers from other parties have added their names, is the arrangements made during the pandemic to support the hospitality industry. In the interests of progress, not all four of us will be speaking, and it is good to see today’s Marshalled List down to a mere 68 pages for this last day of our debate. Noble Lords may recall that during the pandemic, when it was not possible to go into enclosed premises such as pubs, arrangements were made to grant pavement licences. When the Business and Planning Bill, which introduced this concession, came before the House in 2020, I added my name to a cross-party amendment tabled by the noble Lord, Lord Faulkner, saying that a condition of licence would be that outdoor seating areas were required to be 100% smoke-free, paralleling the arrangements inside the premises.

Noble Lords across the House supported that amendment, but sadly it was not accepted by the Government, who instead inserted a requirement in the legislation that

“the licence-holder must make reasonable provision for seating where smoking is not permitted”.

Amendment 459 would reintroduce the requirement for all pavement licences to be smoke-free, which was the view of your Lordships’ House three years ago. This would contribute to the Government’s ambition to make England smoke-free by 2030—an ambition we are currently on track to miss by nine years, according to Cancer Research UK. The current temporary requirements, which are being made permanent in this Bill, would mean that councils have two options on smoking: to implement the national condition to provide some smoke-free seating, or to go further and make 100% smoke-free seating a condition of licence at local level.

Since then, two-thirds of the public, polled in 2022, did not think that the current legislation went far enough. They wanted smoking banned from the outdoor seating areas of all restaurants, pubs and cafes. Fewer than one in five opposed such a ban. That was a large sample, of more than 10,000 people, in a survey carried out by YouGov for Action on Smoking and Health.

Some councils are already doing what the public want, with 10 councils in England introducing 100% smoke-free requirements. These are a mixture of Conservative, Labour and Lib Dem-led councils in counties such as Durham and Northumberland, cities such as Newcastle, Manchester and Liverpool, unitary authorities such as Middlesbrough and North Lincolnshire, and metropolitan boroughs such as North Tyneside, South Tyneside and the London Borough of Brent. Therefore, in response to the point about practicality made by the noble Baroness, Lady Taylor, practicality has already been well established by those local authorities.

When we initially tabled our amendments, the then Secretary of State for Housing, Communities and Local Government wrote to Manchester City Council, the first council to introduce the requirement for pavement licences to be 100% smoke-free, warning it that this would damage local hospitality businesses and could lead to the loss of thousands of jobs. We do not know whether that letter had the approval of Health Ministers. However, the experience from Manchester and elsewhere shows exactly the opposite: that these bans have proved popular with the public, leading to high levels of compliance, and have not been shown to cause any decrease in revenues. At the time, I reluctantly agreed to the Government’s decision to include the current smoke-free seating requirements, which, while better than nothing, do not go far enough. The current system is not only much more complicated to implement than a blanket ban; it ensures that non-smokers and children continue to be exposed to tobacco smoke, which is both toxic and unpleasant. Of course, those who work for these establishments cannot go elsewhere and will continue to be exposed to smoke.

The Local Government Association of which, uniquely, I am not a vice-president, supports our amendment for 100% smoke-free pavement licences on the basis that

“it sets a level playing field for hospitality venues across the country and has a public health benefit of protecting people from unwanted second-hand smoke … If smoking is not prohibited, pavement areas will not become family-friendly spaces”.

That is why Dr Javed Khan’s independent review of smoke-free 2030 policies, commissioned by the Department of Health and published last year, recommended that smoking be prohibited on all premises, indoors and out, where food or drink is served, as well as a ban on smoking in all outdoor areas where children are present. This 100% smoke-free pavement seating has strong cross-party support from Peers across this House. When the regulations were extended in 2021, the noble Lord, Lord Faulkner, tabled an amendment to regret that the regulations were not revised to take account of the evidence of the benefits of 100% smoke-free pavement licences. That amendment was agreed by 254 votes to 224.

Last year, the Government announced several new tobacco control measures and said that in place of the long-promised tobacco control plan to deliver a smoke-free 2030, tackling smoking would be core to the major conditions strategy currently in development. The measures announced today are welcome but fall far short of the comprehensive approach that Dr Khan made clear was essential if we are to achieve a smoke-free 2030. When my noble friend sums up, can she confirm that the Government intend to bring forward further measures to reduce smoking in the upcoming major conditions strategy? We should now take this opportunity, provided by this amendment, to move towards implementing Dr Khan’s recommendations for all hospitality venues to be smoke-free indoors and out—a small but important step towards a smoke-free 2030.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, last week, my esteemed colleague, the noble Lord, Lord Holmes, asked whether I would support his amendments on pavement accessibility. I trusted him completely so I said, “Yes, of course, I would love to support them”. Then I read them and, actually, they are quite tough and strict in places, but the more I read them, the more I liked them. I particularly liked Amendment 450, which is about taking bits of the road—I love that idea—and reducing the space for traffic, as well as Amendment 459 in the name of the noble Lord, Lord Young of Cookham, and others, because that is so tough on smoking and I loathe smoking. I support many of these amendments. Obviously, I support all the amendments from the noble Lord, Lord Holmes. There is, perhaps, some space to bring in the fact that cars park on the pavement. I hate pavement parking and I hate loads of rubbish bins being heaped up on the side of pavements because they inhibit free access.

My local shopping street has gone absolutely bananas with this, and it has changed the whole feeling of the street—it is so much more friendly. At the moment, only the Co-op, Iceland and Boots, I think, do not have tables and chairs outside them, with people eating, drinking and having fun. I am all in favour of this section and look forward to Report, when I would be happy to vote on many of them and perhaps even sign up to them as well.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, it is always a delight to follow the noble Baroness, Lady Jones of Moulsecoomb. She did say that some of my noble friend’s amendments were quite tough but that she liked them. I think the Committee would agree that the noble Baroness is quite tough and we rather like her as well. I congratulate my noble friend Lord Holmes of Richmond on the initiative he has undertaken in tabling these important amendments. He is to be congratulated by all disabled people, fighting our corner—or narrow strip of pavement, as the case may be.

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Lord Moylan Portrait Lord Moylan (Con)
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My Lords, it is normal to say what a pleasure it is to speak after a previous speaker, but it is impossible to speak after my noble friend and provoke as much of the Committee’s interest as he has.

I will speak in support of the amendments in the name of my noble friend Lord Holmes of Richmond to which I have added my name, and I do so on the basis of too many years spent on a local authority, much of it responsible for administering legislation that relates to the management of our highways. Much of that legislation dates to the 1980s, but one of the duties in it goes back to the Middle Ages and really to the beginning of having local authorities at all: that is the obligation on the local authority to keep the King’s highway clear. The reason for that is simple: if you operate commercial premises and are a frontager on the highway, you are very attracted by the prospect of trading from that highway, because you can expand your premises rent-free. That makes a great deal of sense commercially.

For centuries, it has been the sad task of local authorities to try to push back people who are trying to trade on the public highway because—here I make two points—the public highway is, first of all, a public asset. It is maintained at public expense primarily for the benefit of the public and not for the private use of frontagers. Secondly, my noble friend Lord Holmes referred to the purpose of the highway, but he was not quite as precise as I would have liked. There is a precise understanding in law of the purpose of the highway—that it allows people to go to and fro. Any use of the public highway for the purpose of trading—in this case we are discussing trading in front of refreshment businesses, restaurants and cafés, but the same applies to shopkeepers—can exist only as a concession by the local authority. In my experience, this is generally a contentious matter with local people and one should be very cautious about granting such licences.

All such caution was thrown to the wind as a result of the Covid pandemic. The Government switched from a carefully balanced system, where local authorities which understood their communities had a clear say in the matter and knew from experience how to balance various demands, to one in which the advantage was given heavily in favour of the commercial frontager, who has the right to do this. The Bill, in effect, seeks to make that even more expansive and practically to continue it permanently. I think this is a dangerous thing to do. It is and should very much be a matter for local authorities, which understand their local communities. The balance should be adjusted back to where it was before—more on the neutral part of the scales rather than heavily weighted, as it is now.

What harms arise? First, it is impossible for me to add to the harms that arise to people with various disabilities, about which we have heard. I cannot and do not intend to add anything to what my noble friends Lord Holmes and Lord Blencathra said from their own experience, but there are other harms as well. To some extent, they arise from the conceptual model that arises when we talk about “the high street”. We talk about the high street as if it were a distinct thing or use but, in most urban areas, if you lift your eyes above the gaudy shopfront, you will see lots of other things happening in the high street above ground, many of which are people living there. If you are overlooking a pavement and there are licences that allow people out on the pavement, you will suffer a harm directly in relation to that.

Some harms are quite acceptable. If the closing hours and hours of operation are sensible, perhaps you can live with that. You want to get on with your neighbours and do not want local businesses to fail, but you are entirely dependent on the licensing regime and the attitude of local councillors as to what hours should be allowed. You are also exposed to poor management and exposed, outside your window—here I speak from a degree of experience—to people talking loudly and having parties, some of which are louder than others. It is impossible to expect any management to control that properly; they simply cannot go around doing that. However well intentioned, they have to work with noisy and difficult people.

We need to get back to understanding what the highway is for, what a public asset is, paid for at public expense, and what its primary purpose is. We need to understand that local authorities are probably the best determinants of this and we need to reset the dial, so that they have the chance to do that.

I cannot sit down without referring to the amendment in the name of my noble friend Lord Young of Cookham. No chance goes by in your Lordships’ House for him to propose something restrictive of smoking without him dashing at it very much like a ferret up a trouser leg. Here we are again with yet another restrictive amendment proposed on smoking, and it is purely vindictive and entirely punitive. He endeavours to put a gloss of public interest on it, and maybe he thinks he is contributing to people giving up smoking. I gave up smoking last year and I assure your Lordships that at no point in my consideration did the possibility of being denied access to a pavement café arise, nor would I have given it any weight had it come into my mind. There were other reasons why I gave up smoking last year.

One of the problems with these vindictive approaches is that the people who make them simply do not understand smokers. The noble Baroness, Lady Jones of Moulsecoomb, who I think said that she “loathed smoking”, possibly does not want to understand them; she just wants to give vent to the loathing. I do not know. My noble friend offered a few other reasons. The first was generosity in favour of the business success of the premises. He said that they would be much happier, attract more business and be family friendly. I do not think that that is sufficient reason to impose restrictions on a lawful activity, because it is not the business of this House to make businesses successful. That is their job: we set a framework and they try to make the businesses successful. That is not our motivation nor should it be, in my view.

I very much hope that the Minister who, in the course of this Committee, has developed a great deftness at turning away suggestions made by Members of your Lordships’ House, maintains that deftness in respect of this amendment and finds a way of saying that this is not an appropriate place for the Government to pursue yet more vindictive legislation against smokers.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I did not say that I loathe smokers—both my parents were smokers. I loathe smoking because of the impact it had on my parents, both of whom died from smoking-related disease.

Lord Moylan Portrait Lord Moylan (Con)
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I did say—and I think Hansard will show—that the noble Baroness said she loathed smoking. I was careful not to say that she loathed smokers. I hope she did not mishear that, because it would have been a mishearing.

Levelling-up and Regeneration Bill

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Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
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My Lords, adding to what has just been said, I have been a Barclays customer all my life, as has my family before me. The branch in Ottery St Mary, three miles from the village in which I live, closed some time ago. There is now not a single bank in Ottery St Mary. The nearest bank is in Honiton, which is seven miles away. I am told that the Barclays branch there is about to close. We will have to go to Exeter, which is a very crowded place, particularly if you drive. It has bus services, but they are not very frequent. It is 10 miles from the village where I live. Also, there were two branches of Barclays in Fleet Street, just beside the law courts. There is none today.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I strongly support this amendment. I will sound like an old fogey—so perhaps I should be sitting in the seats opposite—but I used to love going into my branch of Co-op and actually speaking to somebody, asking them questions directly. This has damaged communities, especially communities of quite vulnerable people who cannot travel very far, so the Greens will be voting for this amendment.

Baroness Hoey Portrait Baroness Hoey (Non-Afl)
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My Lords, I also strongly support what the noble Baroness said on this. It is something that I have been very concerned about for a long time and you cannot divorce it from the way that post offices have been run down by our Government. The reality is that post offices cannot now do many of the things that they used to do. It is a drip-drip thing that is gradually making it very difficult particularly for the elderly and those who have no access to a bank account or are not near a bank.

Whatever the Government might think of GB News, I do not understand why they will not look more at its huge petition to say that we do not want to be a cashless society. This is really important. The noble Baroness is starting the fightback, which I hope the Government will listen to. I hope that she puts this to a vote, because people talk a lot about it but, when it comes to the crunch, noble Lords need to show that they mean it; otherwise, it is useless us being here.

Levelling-up and Regeneration Bill

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Lord Deben Portrait Lord Deben (Con)
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My Lords, we ought to remember that we are discussing the amendments that the Government have put before us, rather than a committee report that we have not got and which will, no doubt, be of great interest.

We have to recognise that there may well be an issue here that needs properly to be addressed. My concern is that this is not the way to address it. The noble Lord, Lord Moylan, suggested that when we deal with the environment, we should consider it very carefully, go out to consultation and make sure that what we are doing is right. None of that has happened here. The Government have put down a whole series of amendments to this Christmas tree of a Bill and some of us are suggesting that we should not do this—although, were they to come forward with something that met the particular problems in a way that was not so manifestly bad, I am sure we would be supportive.

I rather object to the fact that the newspapers say that I am a Conservative rebel. It is the Government who are the rebel here, because they are not being conservative over this. First, they are asking local authorities—I can hardly believe it—to disregard the facts. This is the kind of attitude that we see in the Republican Party in the United States, the people who do not believe in climate change, the anti-vaxxers, who say “Don’t look at the facts”. The second thing that local authorities are being asked to do is encourage ignorance: not only “Don’t look at the facts” but “Don’t look at any evidence or find any evidence—just do what the Government say should be done”.

The argument the Government have put forward is that we need this to build more houses. I was the Secretary of State responsible for that. I had a long history of dealing with the housebuilders, who tell us that this will increase the number of houses. The number of houses built has nothing to do with this at all—it is about whether the housebuilders think that that number will keep the price up at the level at which they have it. The housebuilders are not building the houses they have already got planning permission for in areas which are not in any way affected by this. We know that perfectly well. It is a canard, if I may use a foreign word, to suggest that this will have any effect on the number of houses. The number of houses in this country is not reaching 300,000 because the housebuilders have bought the land at a price which means that they can sell only at a level which is too elevated for the present time, with mortgages as they are. Let us not kid ourselves that, by voting against this, we will in some way reduce the number of houses, because we will not.

I find it extremely difficult when I am told that the housebuilders should not pay for the damage they do. Three arguments are used. First is the housemaid’s argument: it is only a very little bit—“It is only a very little baby”—and therefore we do not have to take it into account. As a former chairman of the Climate Change Committee, I have to say that that is the argument everybody uses every time you want to do anything—“It isn’t me”; “They are bigger than we are”; “Don’t do it in Britain because of China”; “Don’t do it because of the farmers”; “Don’t do it for anyone, but don’t ask me to pay for my pollution”.

Secondly, I thought that the Conservative Party was in favour of the polluter pays. Were my noble friend the Minister canvassing in the Mid Bedfordshire by-election at this moment, would she turn to an elector and say, “In future, housebuilders building in the Wye Valley or near the Monnow will not have to contribute for the cost and the damage they do, but you will through your taxes. You, the Mid Bedfordshire voter in the by-election, will now be asked to subsidise the housebuilders”? That is what these amendments are about—the subsidising of the housebuilders.

In the end, we could go even further. Why do we not have a Bill to say that housebuilders can ignore health and safety arrangements because then more housing would be built? Why do we not say that local authorities must not know what the health and safety laws are and must not investigate what they might be so that houses might be built?

This is one of the worst pieces of legislation I have ever seen, and I have been around a long time. It is entirely unconservative. If all this was so obvious so long ago, why was it not included in the Bill in the first place, or in some other Bill? As we have, in my view, some pretty peculiar legislation on ex-EU laws, why have the Government not used their powers therein?

I sat through debate after debate on how we were going to protect the British people instead of the court in Brussels and on how we would have proper protection against government mishandling of the environment. We were assured that Glenys Stacey and her department would be treated with all the respect that one would have expected. We were told that she would have all the powers necessary for the Government to take her seriously. What have they done? Two pathetic letters, and no statement—this is a judgment that you should make and we will change things because that is why you are there. That means that the British people are now less protected from government mistakes than any country in the rest of Europe. I make no comment about Brexit, but that is where this House and the other place have left the people of Britain.

I do not believe that the Government can do these things and not expect future generations to say, “If they could do that on this issue, what about other things?” They could say that local authorities can ignore this, that and the other and do not need the facts. Indeed, we do not have the facts here—there is no proof about these houses or any of this; it is an assertion by the Secretary of State.

I am not a Conservative rebel—I am a Conservative. Therefore, I am voting for the principle of the polluter pays, for facts and for knowledge, and I am not voting for ignorance and the disregard of facts.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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The noble Lord, Lord Deben, is not an easy act to follow, but I shall try.

We were lied to in this House. Our Government promised us repeatedly that there would be no lessening of environmental protection at any time. They promised us that and they lied. As a result of Brexit, we are now almost unprotected. Loads of us knew at the time that they were lying.

Lord Evans of Rainow Portrait Lord Evans of Rainow (Con)
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My Lords, the noble Baroness knows full well that parliamentary rules do not allow her to use those words, so we would be grateful to her if she could withdraw them.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Deputy Speaker, is that right?

Lord Evans of Rainow Portrait Lord Evans of Rainow (Con)
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The noble Baroness knows full well the words that she has just used, and we would be most grateful to her if she could withdraw those words.

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Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I genuinely did not know that I could not say that in this House. I know that in the other place we cannot say it. It is very difficult for me to withdraw words that I know are the truth, but I will withdraw them.

Lord Evans of Rainow Portrait Lord Evans of Rainow (Con)
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If the noble Baroness looks at the Companion, she will see that it is very clear on parliamentary language. So, I respectfully point to the Companion—and if she could read that and withdraw those words.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I withdraw them.

We were told repeatedly during the passage of the Environment Bill that there would be no lowering of environmental standards in the post-Brexit legislation. That clearly has happened; environmental standards are down. I suppose that it was obvious, because the Government promised, but they refused to put it in that Bill; they absolutely refused, when we kept asking them. This is the same package of obfuscation as their refusal to guarantee post-Brexit workers’ rights or food standards—it is all part of the same thing.

Levelling-up and Regeneration Bill Debate

Full Debate: Read Full Debate
Department: Leader of the House

Levelling-up and Regeneration Bill

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Lord Lucas Portrait Lord Lucas (Con)
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My Lords, I have Amendment 282NE in this rather miscellaneous group. It is one of the joys of England that we have a lot of towns with houses that have no driveways but front gardens. We need to take care of that in the context of our policy for making everyone drive electric. As we have set things up at the moment, we have introduced an imperative that people should pave over their front garden and use it to park their car. If they do so, they will have a dedicated parking space and can charge from their own house, at the rate they are buying electricity in a deal they have made themselves rather than from some organisation doing it in the street. They also pay VAT at 5% rather than 15%. Zoopla says that, if you do that, you will increase the value of your house by at least 10%.

It is both for people’s convenience and a necessity. If you get an electric car and rely on very thinly provided street parking, you may find that you have to park some long distance from your house and cannot be sure of being able to charge your car when you need to do so. We are creating an environment that will result, if we are not very careful, in our towns becoming much less charming and beautiful places because of our good ambition that more people have electric cars.

I ask my noble friend to make it clear to local authorities that they can do something about this and do not have to give permission for a dropped kerb or paving over front gardens. They can wind this into an organised rollout of on-street charging and not let desecration happen by default.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I will introduce my noble friend Lady Bennett’s Amendment 282NC, as she has been called away to “Gardeners’ Question Time”. Of course, I will vote to support Amendment 281.

I will be very brief. This is a quite simple amendment based on a report from the New Economics Foundation entitled Losing Altitude: The Economics of Air Transport in Great Britain. It takes on the Conservatives, on their own ground, on questions of growth and economics. There are still arguments that airport facilities are needed for business travel, but it has declined by 50% in the past decades.

All the infuriating by-products of air travel—the noise, disruption and pollution—are not actually worth while. The sector is one of the poorest job creators in the economy per pound of revenue. Automation and efficiency savings have meant that the rapid rise in passenger numbers between 2015 and 2019 was not enough to restore direct employment to its peak in 2007, plus wages are significantly lower in real terms than they were in 2006. That is obviously not for the top jobs; this is for the bulk of workers. Quite honestly, air travel just cannot be justified on any grounds anymore.

The amendment proposed a review to examine the costs and benefits of planned expansion of the UK air transport sector. Quite honestly, it is not worth it.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab)
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My Lords, I will talk briefly to Amendment 282F which is in the name of the noble Baroness, Lady Boycott, and to which I have put my name. It is on the subject of allowing communities access to small areas of land that are available only on a temporary basis to foster schemes for growing vegetables, plants and flowers, not only to produce local food but to give multiple benefits to people’s health and mental health, and to community cohesion and engagement.

In her absence, I thank the Minister, the noble Baroness, Lady Scott, for her session with me and the noble Baroness, Lady Boycott, last week. We were disappointed that she saw this as a local and not a national issue. The problem with having this lodged at a local level is that these small, ad hoc community initiatives are, in many cases, very informal, and do not have a lot of oomph behind them in an understanding of how local government works or of who to talk to at local authority level. Indeed, there often is no one at local authority level for whom this would be a job. They falter, and then the lawyers get involved with the lease issue, if it gets to that point, at which stage these small community organisations collapse totally under the bureaucracy and strain of not having lawyers of similar firepower to the local authority.

I was delighted to hear the noble Baroness, Lady Jones, talk about “Gardeners’ Question Time”, which is taking place in the House this evening. A very famous television gardener tried to get one of these schemes going in Birmingham, with a very determined national public servant. After three years, even they could not make it happen.

This simple amendment would require local authorities to identify those patches of land that they have, either in their own ownership or others that they know about, that are available for a defined short or medium term; people can grow a few things on them, have a good time and become cohesive communities. It would be a splendid idea if the Government were to accept this.