Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024

Baroness Penn Excerpts

Tuesday 23rd January 2024 Grand Committee

Moved by

[Baroness Penn]

That the Grand Committee do consider the Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, this instrument makes changes to correct minor errors in the Representation of the People (Postal and Proxy Voting etc) (Amendment) Regulations 2023—or the 2023 regulations, as I will refer to them—in relation to how the transitional arrangements for the new rules concerning proxy voting are displayed on poll cards.

The Elections Act 2022 set out a wide range of changes to numerous aspects of the electoral system. This included changes to the rules surrounding the number of people for whom an individual can act as a proxy when voting. The changes were implemented by the 2023 regulations that I have just referred to and are supported by new offences. They came into force on 31 October 2023.

The new arrangements limit the number of electors for whom a person may act as a proxy to four, of which no more than two can be domestic electors—that is, an elector who is not registered as an overseas or service voter. The 2023 regulations also updated all relevant prescribed forms, for example poll cards, to make sure that the new limits are clearly explained to electors.

To ensure a smooth change of rules, the 2023 regulations set out a transition period, which would allow proxy arrangements that had been set up prior to the new rules coming into force to continue until 31 January 2024, and longer if a poll were already under way on that date. This was to avoid a cliff edge where all pre-existing proxy arrangements were cancelled simultaneously, which could create administrative issues and could leave insufficient time for electors to reapply for new proxy arrangements.

The change in proxy rules also needed to be reflected in the information provided on elections forms, such as poll cards, and these needed to be updated for polls held during the transition period as well as for polls held after it. The 2023 regulations provided the necessary updates for the forms used for any polls for which notice was given prior to 31 January 2024—that is, until the end of the transition period. The forms for postal poll cards and proxy postal poll cards for any polls held after the transition period are set out in a different set of regulations: the Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023. However, these forms do not come into force for any polls where the day of the poll is prior to 1 May 2024. There is therefore a gap in the transitional provisions for any polls for which notice is given on or after 31 January 2024 and the day of poll is on or before 1 May 2024 where no transitional provision has been given. Any polls taking place during this time would have to use the postal poll cards and proxy postal poll cards used prior to the 2023 regulations coming into force, which would provide incorrect information on the rules and offences surrounding proxy voting.

The same gap applies in respect of postal signing petition notices and proxy postal signing petition notices for any recall petition for which the Speaker’s notice is given on or after 31 January 2024 and for which the beginning of the petition signing period is on or before 1 May 2024.

This instrument will correct the error in the 2023 regulations by adding updated information about the new voting offences for persons voting by proxy to postal poll cards and proxy postal poll cards for polls that are commenced and held during this gap. This will ensure that the proxy voting changes are clearly explained to electors and so avoid any confusion.

The instrument also amends two minor typographical errors in the 2023 regulations. I beg to move.

[Lord Rennard (LD)]

My Lords, the Minister need not fear that I will ask any particularly difficult, tricky or awkward questions on this legislation. There is a simple explanation for that: I could not think of any. I looked at the proceedings in Committee in the other place, and nor could anyone there, so I will confine my remarks simply to a question and an observation. The observation is that we seem to have had a lot of changes to election law in the year before a general election. Does the Minister accept that there may be a greater risk of an error in the conduct of our elections as a result of the large number of changes to election law being made in the year before a general election, and with local elections in May? Could she tell us—perhaps she will write to us in due course—how many pages of legislation are in the secondary legislation instruments brought before us in the last 12 months? It seems a lot of pages.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, I thank both noble Lords for their succinct contributions to the debate. As noted, this statutory instrument makes minor changes to correct an error in previous ones. However, both noble Lords noted the changes that we have made through the Elections Act and those we are bringing forward through secondary legislation. When it comes to this statutory instrument, electoral law is complex and highly detailed as a result of the need to ensure that all processes are carried out in a specific fashion consistently across the country. When drafting legislation in a complex area of law such as this, small errors can occasionally occur. Through the regulations we are debating today, we are able to correct that error before it has any impact.

We are conscious of the changes that we have brought forward through the Elections Act, but we have worked carefully to sequence their implementation. Both noble Lords asked about the number of changes being made and the support and engagement we are giving to those implementing them. We are engaged carefully with those implementing the changes; we receive constant feedback from them. As I said, we have carefully sequenced the changes that we are seeking to make, conscious that we may be coming up to an election year. Of course, there is an outside chance that 2025 could be the election year, and recent experience tells us that elections can be called earlier than we may anticipate, so there is not necessarily a good time to make these changes. We also have to take into account the regular drum beat of local and mayoral elections.

On the question of resources, we have done a new burdens assessment and assigned additional resources to local authorities to make some of the changes, and they are able to apply for further funding where needed.

On the question of whether there will be any more regulations stemming from the Elections Act before the elections in May, my understanding is that there will be no further statutory instruments. As to whether we have looked at related changes that may need to be made in other statutory instruments, my understanding is that some of these provisions in relation to local elections and others were made through negative SIs, and we have already reviewed and amended them where necessary to reflect the changes that we have had to make through this correction.

Finally, I do not know whether anyone has counted the number of pages of secondary legislation, but I will go to find out, and if I can provide an answer for the noble Lord, I will certainly write to both noble Lords with that figure. With that, I commend these regulations to the Committee.

Motion agreed.

Intergovernmental Relations Within the United Kingdom

Baroness Penn Excerpts

Thursday 18th January 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, I add my thanks to the noble Earl, Lord Kinnoull, for securing this important debate. I also thank all noble Lords for their contributions. As the noble Earl and others have said, this is a timely debate and many noble Lords have said that that is because of the publication today of the report by the Independent Commission on the Constitutional Future of Wales. I hope noble Lords will forgive me if I do not comment on that report. Not only is it hot off the press but, as it was commissioned by the Welsh Government, it is for them to respond in the first instance.

However, I of course acknowledge that many of the issues that we are discussing today and have heard about in this debate cross over with the issues discussed in that report, which is relevant and significant to our debate today. Our debate is also timely because this year we celebrate 25 years since the four Governments of the United Kingdom started to work together under the umbrella known as “intergovernmental relations” and we are two years into the new arrangements for those arrangements, so it is a good opportunity to take stock.

Every week, we see Ministers and officials across the United Kingdom and its Government work together, formally and informally, to tackle shared challenges. That might be through the forums established through the 2022 intergovernmental relations review or through new initiatives that the UK Government have brought forward, such as the Islands Forum, where Governments are able to discuss directly the range of issues that are important to island communities, or, as referenced by the noble Lord, Lord Wallace, as part of our commitments across these islands—for example, through the British-Irish Council, which brings together the Governments of the UK and the devolved Governments with those of Ireland, the Isle of Man, Guernsey and Jersey, which recently held its 40th summit. That focused on the theme of transforming children’s lives and celebrated the 20th anniversary of the Belfast/Good Friday agreement.

There is good ongoing policy co-operation and exchange taking place between the Administrations as part of that council, including on housing, energy security, renewables, the environment and the early years. That continues to be an important part of intergovernmental relations and the different ways in which we continue to engage across the UK and beyond.

Indeed, between January and September 2023, as regards intergovernmental relations, there were over 150 ministerial meetings between the UK Government and the devolved Governments, covering topics including the economy, energy, net zero, the environment, health and trade, to name but a few, and taking place in, among other places, the 16 ministerial groups that we have set up. As we have heard from noble Lords across the Chamber today, that is what the people of this country rightly want and expect: for their Governments to work together on the issues that matter to them, their families and their communities.

We have heard on occasion from the Front Benches opposite about how rosy things were in the early years of the devolution settlement in terms of relations between the different Governments before a period of decline. It will not surprise noble Lords to hear that the analysis is not one that is shared by this Government, but I fully acknowledge some of the challenges brought by some of the big constitutional questions we have faced, such as Brexit, which we have had to navigate across our nations in recent years.

The noble Lord, Lord Murphy, illustrated quite well why relations were so rosy in those early years when there was a Labour Government as the UK Government, in Scotland and in Wales and how things shifted, even with a Labour Government in Westminster, with an SNP Government in Scotland. It is important to acknowledge, as my noble friend Lady Fraser of Craigmaddie did so well, that, when you have Governments with fundamentally different or opposing views of our constitutional arrangements and the operation of devolution or its existence, and who may have an incentive to pursue differences, relations between those Governments can be more challenging.

I will emphasise two things in that context. First, the test for intergovernmental relations, and whether they are effective or not, is whether they can help navigate those differences, not just operate when everyone is of the same view or political persuasion. We have sought to build that in the new arrangements in place today. I think they are a good basis for that. Secondly, I do not want to overestimate or overemphasise the points of difference or difficulty we have in intergovernmental relations; we in this Chamber and elsewhere focus on where they are tested and challenged most acutely, but we should not overlook the day-to-day work and co-ordination done by civil servants and Ministers on a range of shared interests across our nations. We should look at the challenges and how we can improve our operation across those, but we have heard about the importance of, as the noble and learned Lord, Lord Thomas, said, the good will that is brought to these discussions. I think that remains true in the vast majority of intergovernmental relations today. We should not lose sight of that, even where you have Administrations of different political persuasions.

I turn to the question from the noble Earl, Lord Kinnoull, on how the Department for Levelling Up tries to ensure full engagement by all Whitehall departments in this process and what constitutes an IGR meeting. We have a network of senior responsible owners across government, and he referred to our commitment to transparency reporting, which equips DLUHC to hold other departments to account. He pointed to the difference in the frequency of formal engagement; that is partly guided by the nature of the relevant department’s work—for example, the extent to which it works in areas which are largely reserved or devolved. It is also important not to lose sight of the fact that much engagement also happens at an official level. In terms of what constitutes an intergovernmental meeting, it is where Ministers from among the four Governments, but not necessarily every Government, meet. Our transparency dashboard allows you to see the number of different IGR meetings per quarter, whether it is through the structure of the IMG or a bilateral, trilateral or quadrilateral meeting. The 28 meetings that DLUHC held covered the breadth of the department’s responsibilities, which, as we have heard, are significant.

The noble Baroness, Lady Wolf, made some good points about the need for co-ordination across education —even where it is a devolved area, to respond to the point of the noble Lord, Lord Murphy, about the importance of not devolving and forgetting but continuing to work with each other. She is absolutely right that the last meeting of the UK Education Ministers Council was in June 2023. I understand that the Department for Education is liaising with its devolved counterparts on the next IMG meeting; this is to be chaired by the Scottish Government and arranged by them in line with the rotating chair arrangements that they have in place. But the points she made about co-ordination in this space were well made.

The noble Earl also asked about the secretariat that we have in place and whether it has full-time, dedicated staff, which indeed it does. At this point, it is comprised of officials from the UK Government and the Scottish Government. We look forward to the Welsh Government assigning a member of staff in due course. Decisions on the Northern Ireland Executive assigning a member of staff will be taken once the Executive are restored.

Of course, we measure the success of our approach not by the number of meetings held but by the outcomes they deliver. Through the renewed structures of our joint approach to intergovernmental relations, we have supported tangible benefits across our union. We have supported the economy by unlocking two green freeports in Scotland and two freeports in Wales, which between them will attract £15 billion of investment and create around 95,000 new high-skilled jobs. It is how we are delivering two investment zones in Wales—Cardiff and Newport, and Wrexham and Flintshire—with each zone set to attract £80 million over five years.

It is also how we have supported some of the landmark events in our country’s recent history, from the Platinum Jubilee to the state funeral of the late Queen and last year’s Coronation of His Majesty King Charles III. Governments have necessarily worked closely together to keep people safe and ensure that everyone can come together to mark these significant national events. They build on successes that we have had over a number of years in sporting collaborations, from hosting the UCI Cycling World Championships in Glasgow in August to plans jointly to host the UK and Ireland Euro 2028 tournament.

We have shown through collaboration our support to some of the world’s biggest challenges. For example—I believe the Scottish Government also cite this—following Russia’s invasion of Ukraine, the UK Government, working with the devolved Governments, created the ground-breaking Homes for Ukraine scheme, which ensured that Ukrainians could find a safe home and refuge in the UK. We were able to deliver COP 26 in Glasgow only through a joint determination to create a safe and secure environment for the world to come together. More recently, we have worked closely with the devolved Governments to improve the health of future generations through a joint UK-wide consultation on creating a smoke-free generation and tackling youth vaping and the harm that it can cause.

However, as I acknowledged earlier, that is not to say there have not been significant challenges in working across governmental and administrative boundaries where Governments have varying priorities. Taking note of intergovernmental relations within the UK demands that we recognise this, and making the system work requires not just one Government or Administration but all four working together maturely, as citizens of the United Kingdom rightly expect.

The noble Earl and the noble Lord, Lord Khan, asked about the dispute resolution mechanism. The devolved Governments and the UK Government continue to work to resolve issues at the lowest possible level. The noble Lord, Lord Khan, is correct that the dispute resolution mechanism has been engaged once to date between the UK Government and the Northern Ireland Executive, in relation to a scheme setting out the payment of pensions to persons who sustained injuries because of Troubles-related incidents. That dispute is currently on pause due to the Executive’s absence.

The noble Earl asked whether a dispute was raised in relation to the Gender Recognition Reform (Scotland) Bill. No dispute was raised but ministerial discussions took place between Administrations, as the noble Earl acknowledged, on the UK Government’s concern about how the proposed legislation would interact with reserved powers. The Secretary of State for Scotland’s decision to use the power in Section 35 was about the legislation’s consequences for the operation of Great Britain-wide equalities protections and other reserved matters. The courts were clear that the order was lawful and appropriate. However, the noble Earl is right that we will always seek to reflect when we have these moments of disagreement and see where we can learn lessons to make sure that we can handle them in the best possible way in future.

The noble Baroness, Lady Andrews, raised the work on common frameworks. I take this opportunity to thank her for her crucial work in chairing the Common Frameworks Scrutiny Committee and to pay tribute to the work of that committee and the contribution it has made to the effective delivery of that programme.

I hope the noble Baroness, Lady Andrews, will not mind me quoting her slightly more positive assessment of these frameworks in her letter to the Secretary of State, where she said:

“the Frameworks have proven to be robust, innovative, and unique sources of collaboration between the UK Government and the devolved governments”.

I of course acknowledge that it was immediately followed by the point which she made in this debate: the committee’s view is that

“Common Frameworks remain an ‘unfulfilled opportunity’”.

While I acknowledge to her that the programme has evolved since its conception, as has the political environment in which the frameworks operate, it is also true that the framework outline agreement necessarily focuses on ways of working and governance processes required to enable the productive discussions about policy. In many areas, though, those processes are beginning to bear fruit and be used to develop UK-wide approaches. For example, the resources and waste framework was used to agree the joint consultation on banning wet wipes containing plastic across the UK, as published in October, so the programme has evolved since its conception. More time may have been spent on setting up the processes than we originally envisaged, but those processes are also beginning to bear fruit.

The noble Baroness, Lady Andrews, and others including the noble Baronesses, Lady Humphreys and Lady Drake, also raised the impact of the United Kingdom Internal Market Act. While the frameworks were, prior to the Act, the primary means of managing the internal market, the fact that they now share this space with the Act does not undermine the common frameworks. The Act works in tandem with the common frameworks, with at least three-quarters of the frameworks covering policy areas with regulation in scope of UKIM principles. Where a common framework is used to agree a common regulatory approach, UKIM principles do not apply, incentivising joint working.

The Government do not view UKIM as altering the devolved settlements. Individual legislatures retain the ability to make regulations in areas where they have competence and the devolved Administrations are able to make and enforce regulations within their own jurisdiction. Yes, the Act establishes the market access principles, which ensure that regulations made in one nation do not affect intra-UK trade by creating internal trade barriers, but should the UK Government and a devolved Administration agree that a specific regulation should be excluded from the application of those principles, there exists a process by which to do so. It is worth remembering the importance of the UK internal market. For example, in Scotland, 60% of outgoing trade is with the rest of the UK—more than its trade with the rest of the world combined.

Many noble Lords also raised the Sewel convention. We remain absolutely committed to the Sewel convention and to working with devolved Governments on all Bills that engage the legislative consent process. It has been necessary to legislate without the consent of the devolved legislatures in only a small number of cases. As noble Lords have referenced, these largely related to legislation on EU exit and the implementation of new trade deals. In the vast majority of cases, we have legislated with consent. The noble Baroness, Lady Humphreys, referred to the efforts made by previous Governments to secure legislative consent. I say to her and others that, in the Bills I have worked on which have engaged legislative consent Motions, similar efforts have been made to secure that legislative consent. I hope that reassures noble Lords.

I share the praise of the noble and learned Lord, Lord Thomas, for my colleague, my noble friend Lady Bloomfield and the energy she brought to advocating for Wales’s interests. She has of course been replaced in that role by my noble friend Lord Davies of Gower, who will continue in his work; we also have our colleagues my noble friends Lord Caine and Lord Offord, in their respective Northern Ireland and Scottish roles. It is the role of all Ministers across government to ensure that we consider properly the role of devolution and the devolved Administrations when it comes to policy-making. We have had a bit of a discussion about where responsibly for this lies in government. I urge noble Lords not to focus too much on the name of a particular department, but I have seen first-hand the energy and commitment that the Secretary of State in DLUHC brings to his role as Minister for Intergovernmental Affairs, not just in the work of DLUHC but in encouraging and galvanising action across government.

I am conscious that I am slightly short of time. The noble Earl called for an annual debate in both Houses. That would of course be for the leadership of both Houses, but I will make representations and refer to the debate that we have had today. He also referred to the Canadian model and other models. The Government did look at international comparisons as part of the IGR review, including speaking to officials in Canada, and we will continue to focus on how we can make these arrangements most effective, including learning from other nations.

As for the Northern Ireland elections, the restoration of the Executive is of course a top priority, and the noble Lord, Lord Khan, is right that the deadline is the end of today. I do not have a further update to give to the House at this stage.

I will draw my remarks to a close so that we can hear from the noble Earl, Lord Kinnoull.

Long-term Plan for Housing

Baroness Penn Excerpts

Thursday 11th January 2024 Lords Chamber

[Baroness Pinnock (LD)]

My Lords, I remind the House of my registered interests as a councillor in Kirklees—where we have an up-to-date local plan—and as a vice-president of the Local Government Association.

As the noble Baroness, Lady Taylor, just said, there are 1.2 million households on the social housing waiting lists and the Government’s own assessment is that 300,000 new homes need to be built every year. Having somewhere to live is a basic human right and a basic requirement that all Governments should fulfil. We have a housing crisis, and the response as set out in this Statement and the newly published National Planning Policy Framework fails to address that crisis. The policies are incoherent and fail on many levels. For example, the newly published NPPF refers to social housing only once and in a single sentence. There is a desperate need for social housing to rent. Can the Minister tell the House how long the 1.2 million households on the waiting list will have to wait for a safe, affordable home at a rent that is within their means?

I could tell the Minister of a family in my ward that contacted me this week. There is the wife, husband and a four year-old boy living with the grandmother, who has serious dementia, and a baby is on the way, in a two-bed Victorian terraced house with a front door that opens on to an A-road and the back door on to a ginnel, as we call it. It is an alley, I guess; we call them ginnels in Yorkshire. There is nowhere, literally no space, for that four year-old to play, or to put the baby. They rang me to ask what chance they had for a council house or a housing association home, and I had to tell them the awful truth: that virtually all the family homes have been sold under right to buy, very few replaced, and their chances are virtually nil within the next five years. How are the Government going to address that example and many, many more like it?

Debate on this vital national policy should have taken place when we debated the levelling-up Bill in this House. Many Members across the House, as the noble Baroness, Lady Taylor, said, asked for the information on the revised NPPF at that time, and it is now clear to me why the Government held back, because the National Planning Policy Framework as published fails to tackle this housing crisis by enabling local authorities to plan with confidence and with the goal of meeting their local housing need.

Housing need is defined not just by numbers of housing units required but also by type and tenure. The Government’s own figures show that 62% of the rise in households is of people over 65 living alone. Perhaps the Minister can say how the Government intend to ensure that this particular need is to be met, given the policies that they have now published. Is it possible, for instance, for local authorities to allocate a site for building with specific requirements to meet such locally determined need?

Next, the Government are relaxing housing targets by describing these as an “advisory starting point”. Can the Minister flesh out “advisory” in this context? How advisory is advisory? What advice will the Government be giving to the Planning Inspectorate on the definition of that word and what they expect it to mean?

Given that housing targets are to be determined more locally, can the Minister explain the rationale behind the requirement for 20 of the largest towns and cities to have 35% more homes than are determined by their local housing assessment? Why is it 35%, not 20% or 40%? Where does the figure come from, and what will it actually mean for those towns and cities?

One of the major holes in the Government’s planning and housing policies is that there are no penalties for developers who, having obtained planning consent, fail to start building or start a site and then delay building out. This is one of the major reasons for the crisis in housebuilding numbers: more than 1 million properties have planning consent but have not been built. Yet local authorities are to be penalised for failing to provide sites while, in those same local authorities, developers are failing to develop sites that have permission. What will the Government do about this dreadful state of affairs? What pressures will they put on developers to ensure that, once planning consent is given, the developer gets on and builds out the site?

Many residents oppose new homes because of the impact on local infrastructure, such as traffic, school places and access to health services. Many are justified in their complaints. For example, in my area of Kirklees, GP patient numbers are at 1,900 per doctor, as compared to the national average of 1,600. When residents raise the issue of more houses meaning greater numbers of patients for their local GP, where I live it is genuinely the case. There are already 20% more patients per GP where I live than the national average. What will the Government do to address the genuine complaints from residents about local infrastructure? That is just one example.

Providing the housing that we need is dependent on local authorities having up-to-date local plans, yet the majority of them do not have one. What action will the Government take to ensure that local authorities have up-to-date local plans? A local plan is the initial building block that unlocks sites for housing of a type and tenure that is so desperately needed. This Statement absolutely fails to address this. I look forward to the Minister’s replies to all the questions that have been raised; if she cannot answer them, I hope that she can give us written responses.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, I will endeavour to answer the questions from both noble Baronesses as fully as I can, but it is first worth reflecting on what this update to the NPPF sought to do. Both noble Baronesses rightly situated it in the context of the broader changes in the Levelling-up and Regeneration Act to bring forward a reformed planning system that allows more homes to be built in the right places, more quickly, more beautifully and more sustainably.

The right way to do this is through a reformed planning system. In December last year, we laid out our plan to do that. We made it abundantly clear that the only way to do so is through up-to-date local plans, which local authorities can deliver for communities to protect the land and assets that matter most and lay the foundation for economic growth. Part of that plan for reform was the update to the National Planning Policy Framework. In December 2022, we consulted on a series of proposals that received more than 26,000 responses, which we have worked through in detail. The updates that we made, which were announced at the end of last year, strike a careful balance between delivering homes that our communities need and protecting the things that we care most about, such as our natural environment, heritage assets, high streets and town centres—matters referenced by both noble Baronesses. The NPPF update acknowledges that different areas and different parts of the country must be approached in different ways and that local authorities and communities are best placed to ensure that the right homes are in the right places, where they are both needed and wanted.

Both noble Baronesses asked about the change to the NPPF which clarified that the standard method of assessing housing need is the starting point for local authorities. The NPPF expects local planning authorities to evidence and provide for their housing needs. The Government are clear that the standard method should still be used to inform the process. Local authorities can put forward their own approach to assessing housing needs, but this should be used only in exceptional circumstances. Authorities can expect their method to be scrutinised closely at examination. The standard method remains the starting point for this process and only in exceptional circumstances would we expect local planning authorities to move away from that. However, it is right that we allow for those exceptional circumstances. In the updated framework, the demographics of a particular area are pointed to as the factor which might mean that an alternative method would be appropriate for that planning authority to use.

Part of delivering homes in a way that meets community needs is about having a more diversified housing market. Therefore, the framework also strengthens support for SME builders and the wider diversity of the housing market by emphasising the importance of community-led housing development, ensuring that local authorities seek opportunities to support small sites to come forward and removing barriers to smaller and medium builders in the planning system. In the long run, that will also ensure that we make progress in delivering the housing that we need and keep us on track to deliver 1 million new homes during this Parliament.

The noble Baroness, Lady Pinnock, asked about social housing. Her points were well made. These updates to the NPPF did not have that as a particular focus but the Government are absolutely committed to increasing the supply of affordable and social housing. That is why our latest affordable housing programme is backed by more than £11 billion. We have increased the delivery of affordable housing under this Government. I would be very happy to sit down with the noble Baroness and discuss specific planning barriers to affordable housing further.

The noble Baroness, Lady Taylor, referred to the resources needed to unlock the planning system. She is absolutely right. That is why we have increased the resources going into local planning services. The new planning rules that came into force on 6 December increase fees for major applications by 35% and minor ones by 25%. The indexing arrangements now in place also ensure that they rise in line with inflation. Beyond that, the planning skills delivery fund was boosted by £5 million to £29 million. In the first round of funding, 180 local planning authorities are receiving collectively over £14 million. We recognise that the changes we have made to the planning system in the levelling-up Act and through the changes to the NPPF need to be matched by additional resources, which we have put in.

I turn to housing standards and a range of other issues that were debated at length during the passage of the levelling-up Bill. The Government have committed to bring forward further changes to the National Planning Policy Framework, bringing in a national development management framework. We are committed to consulting on those changes this year but, for the development of local plans, we believe that the combination of the measures in the Act and those announced and changed in the NPPF at the end of last year provide clarity and certainty for local areas to be able to make their plans and deliver on them.

Where that is not proving possible for local authorities, the Secretary of State has been clear that the Government are prepared to intervene. That is why the Secretary of State issued a direction about plan-making to seven of the worst authorities. The best outcome from those directions is that the local authorities themselves bring forward plans within 12 weeks and set out a clear timetable to do so. Should they fail, we will consider further intervention, but it would be based on the particular circumstances of those local authorities and reflect their points. I do not want to pre-empt that, as the best outcome for those areas is for the local authorities to take forward those plans themselves.

We are also taking action in London, because the homes needed in the capital are simply not being built. Opportunities for urban brownfield regeneration are being left untaken, as a result of the mayor’s anti-housing policy and approach. His plan does not contain sufficient ambition for housing, and he is underdelivering against it. That is why we are undertaking an urgent review of it.

There are a number of areas from both noble Baronesses that I may not have addressed. The noble Baroness, Lady Pinnock, mentioned infrastructure and of course we have the housing infrastructure fund, which provides the funding needed to ensure that development can take place, is supported locally and comes with the schools, hospitals and GP places needed to support it. I undertake to write to both noble Baronesses in detail on any further points on which I need to follow up.

[Lord Young of Cookham (Con)]

My Lords, there is much to welcome in the Statement—namely, the increase in planning resources—but it represents a major change in government housing policy, which was not there when the levelling-up Bill was introduced. As the noble Baroness, Lady Taylor, said, this was introduced to head off a rebellion in the other place. As a result, the targets are advisory, not mandatory, and we are already seeing a result—not just in plans being withdrawn but in South Oxfordshire doing something unheard of in planning by deleting from its plan for development sites that had already been included. We may end up with more up-to-date plans eventually, but they will have fewer homes in them than the country needs. How will a democratically elected Government, committed to building 300,000 new homes a year, deliver that if they are totally dependent on the good will of local authorities that do not share that commitment?

[Baroness Penn (Con)]

My Lords, we announced a number of different changes at the end of last year. However, as I said to both the noble Baronesses, the standard method for assessing housing need remains the starting point for local authorities. It is only in exceptional circumstances that we would expect them to move away from that, and that must be well evidenced. In such circumstances, where it is not appropriate for that area, there is a way and method for those local authorities to put forward a well-considered and well-thought-out local plan, which would have a much better chance of being delivered than something that does not command local support and does not suit the needs of the local area.

We have made other changes that may result in the changes that my noble friend talked about—for example, by removing the buffers needed on land supply set out in local plans. They go over and above the amount of land needed to deliver against the assessed housing need for an area. Where local authorities have done the right thing, put a plan in place and identified the land they need to deliver against the local housing need in their area, it is not the right way forward to require those local authorities to hold a 5% or 10% buffer on top.

[Lord Best (CB)]

My Lords, I pick up on a point made by the noble Baroness, Lady Pinnock. If we could see the production of decent, accessible, energy-efficient, companionable, new retirement housing for older people needing and wanting to rightsize, we could free up tens of thousands of family homes, which are so badly needed. The planning system can allocate sites, not least urban sites that regenerate town centres, and those absolutely essential local plans can stipulate requirements for a proportion of such housing in all major developments. I add that at the same time removing stamp duty for purchases by those over pension age would stimulate the market, increasing revenue to HM Treasury through the chain that follows, and that housing for older people saves massive sums for the NHS and adult care services. Will the Minister get behind all those trying to boost the output of well-designed homes for the estimated 3 million older people who are interested in downsizing and rightsizing?

[Baroness Penn (Con)]

I absolutely support the remarks by the noble Lord on needing the right housing to meet the needs of people at all stages in their lives. There are changes within this update to the NPPF that will encourage the delivery of older people’s housing, including retirement housing, housing with care and care homes. In addition, the Government have the Older People’s Housing Taskforce, which is exploring broader changes that we might wish to see to encourage housing for older people to be built in the areas where it is most suitable and most needed. Also, there is the point that the noble Lord made: ensuring that we have the right solution for older people has a knock-on effect throughout our housing supply on the availability for those who may be trying to get on the housing ladder in the first place.

[The Lord Bishop of Chelmsford]

My Lords, the Archbishops’ Commission on Housing, Church and Community recommended that the Government adopt a long-term plan to address the scale of the housing crisis in the UK. I am glad to see that they have adopted the language of long-termism, as the UK’s housing has been held back by short-term planning and decision-making for far too long. However, I believe that such a plan must be holistic, taking into account all elements that make up a good housing strategy, with consideration of both new builds and existing buildings. What plans do the Government have to improve the quality of the homes that we already have, for example by undertaking a programme to upgrade EPC ratings, or by equalising the rate of VAT on repairs for existing houses with that for constructing new homes?

[Baroness Penn (Con)]

My Lords, the right reverend Prelate is right that, when we consider the quality of people’s homes, we absolutely need to think about existing stock, not just new homes. When it comes to new homes, we have just launched the consultation on the future homes standard, which will have in place regulations that mean that all new homes built from 2025 onwards will need to be net-zero ready and have much higher levels of energy efficiency. They would most likely have heat pumps installed as a way to deliver those net-zero targets. When it comes to existing homes, we have a huge range of government support in place to support increased energy efficiency. A lot of that has focused initially on those on low incomes: for example, looking at social housing, there is the social housing decarbonisation fund. We are broadening that out to support other people too. We have the boiler upgrade grant, which allows people to replace their old boilers with heat pumps, with a significant proportion of those costs met by government. We have debated VAT a number of times in this House, but I will say that we have introduced a reduced rate of VAT for energy-efficiency measures, and we extended the scope of the measures that that covers in the most recent Autumn Statement.

[Lord Naseby (Con)]

My Lords, as the National Planning Policy Framework’s primary purpose is more homes, is it not strange that His Majesty’s Government have yet to make any statement about a new concept of the new town movement? You can see on the ground the wonderful work that was done as long ago as the 30s with the garden city just alongside the A1—I drove past it yesterday. Then there are the new towns. My former constituency was Northampton, and there is the new city of Milton Keynes, which was only a village before. That concept surely has to have a role, modernised to meet today’s requirements in the future.

Secondly, my noble friend quite rightly says: “Yes, more new homes”. But is not the problem at the moment that the developers do not have the confidence that she clearly has? The figures for 2023 are very low. Are they not going to be only marginally better in 2024? Against that background, will His Majesty’s Government bring in new incentives for young couples to be able to provide some of that demand, so that developers can have some confidence to move forward?

[Baroness Penn (Con)]

My noble friend makes two very good points. England has a proud history of new town development, and well-planned, beautifully designed, locally led garden communities are playing a vital role in helping to meet our housing need, through providing a stable pipeline of new homes. The Garden Communities programme supports local authorities to build places that people are happy to call their home. That programme was launched in 2014, and has awarded over £58 million of capacity funding to assist places to deliver their proposals for housing. A further £12 million has also been invested to deliver the infrastructure critical to unblock the delivery of homes. The 47 locally led garden communities have the capacity to deliver over 300,000 new homes by 2050. That is something that the Government absolutely continue to support.

The number of planning consents being down was referenced by the noble Baroness, Lady Taylor. When it comes to the wider conditions in the housing market, we recognise that this is a challenging time. The broader economic conditions we face due to very high levels of inflation, and the high interest rates that are in place to bring that down, make it harder for people to get on the housing ladder. That is why this Government have been focused, laser-like, on tackling inflation. We met our commitment last year to halve the level of inflation, and are back on the road to the Bank of England’s 2% target. That is the most effective way in which we can make sure that people are able to afford their mortgages and access the housing market in the way they wish to. But there are also important things that we can do—for example, ensuring that our affordable housing programme continues throughout this period to provide more stability and certainty in terms of the pipeline of new homes while it is a difficult market out there for housebuilders.

[Lord Carrington (CB)]

My Lords, may I ask the Minister, following on from the question from the right reverend Prelate, about the certificates—the EPCs? We have had a problem and a review on EPC measurement. Could she let us know where we are on that review?

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, my understanding is that the Government launched an EPC action plan to take forward a number of changes to EPCs. We are well on track for delivering against the majority of actions within that, but we continue to look at it. We recognise that there is potentially the need for wider reform to energy performance certificates; we are looking at that very closely and doing further work on it.

[Lord Berkeley (Lab)]

My Lords, I have the honour of serving on the Built Environment Committee in your Lordships’ House, along with one or two other colleagues here. We have been listening to evidence in the last few months from builders, planners and Ministers about why the 300,000 target has not been reached. I think the low point for me was evidence from an Environment Minister and the Housing Minister, who sat next to each other trying to explain why it was all very difficult. At the end of the evidence session, I thought, “When did they ever talk to each other? It is as if they are in completely different silos”. We have heard answers from the noble Baroness, Lady Penn, this afternoon about the importance of the environment. She mentioned affordable housing once or twice. The noble Baroness, Lady Pinnock, mentioned that it is only in the NPPF once, I think; I may have that wrong.

When I looked at the Housing Minister’s Statement on 19 December when he launched this, I was astonished to read one paragraph which used several phrases which to me indicate what is really important for this Government. One phrase was “gentle density”—I do not know what that means, but perhaps some experts can tell me—on the design of mansard roof development. Does that really go in a Statement? There was “well-designed places”—we know what that is—and then,

“‘visual clarity’ on the design requirements”.—[Official Report, Commons, 19/12/23; col. 1266.]

Also, the word “beauty” comes into it, as the noble Baroness said. These are all very good things, especially if you want a lovely new house in the countryside, miles from anywhere, but are they the priorities for affordable housing? This is the problem. We have lost sight of what is important. I live in Cornwall and the lack of affordable housing there is just terrible. If we are to say that everything has to be a “gentle density” with “visual clarity” of place, I do not think we are going to get there—until we concentrate on what is important, which is affordable housing.

[Baroness Penn (Con)]

I do not think that the delivery of more affordable housing and the delivery of more beautiful housing need to be in tension with each other. In fact, the right housing in the right place allows more support for development to go ahead, which is one of the big barriers we see to delivering more housing in local areas, and affordable housing should be beautiful housing too. Noble Lords have had a lot of debates in this House about the standards within our homes, particularly within our social housing. We should be no less ambitious for the standards that people enjoy in their housing, whether it is social housing, affordable housing or private housing. The noble Baroness, Lady Pinnock, talked about space for children to play, for example. Taking into account that kind of amenity is important for the right development to go ahead. We should recognise that we have made significant progress in recent years in building more houses. We have had some of the highest housing delivery in the past four years that we have had in the past 20 years, and we seek to continue that, but without those measures necessarily needing to be in tension. The noble Lord spoke about Ministers talking to each other in different departments. I reassure him that, particularly on these areas that cut across different interests and on something like net zero or environmental impact, we bring together the Department for Energy Security and Net Zero, my department and Defra to work together to provide solutions on these issues.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I shall follow the theme of social housing. I declare my position as a vice-president of the LGA and the NALC. Responding to the noble Baroness, Lady Pinnock, the Minister said that the Government are committed to social housing. We have just heard that again, and it is great, but the Minister may be aware of a document from the National Housing Federation, Let’s Fix the Housing Crisis: Delivering a Long-Term Plan for Housing. This crosses over with her former departmental responsibilities. It asserts:

“The wider fiscal, societal and economic benefits of social housing are poorly captured in current cost benefit analysis”,


and, particularly, in the Government’s Green Book. The NHF stresses that we need housing

“in the right location, with the right support for those who need it”,

which sounds very much like the Green Party’s Right Homes, Right Place, Right Price. Does the Minister agree that planning needs to think about this social element as well as the purely spatial element? We have been relying on the market for decades now. It has not worked out very well and has given the crisis we have now, plus the terrible privatisation of right to buy. I will pick up a point from the noble Lord, Lord Crisp: one of the things that the NHF report highlights is the increase in the long-term cost of housing benefit as a result of the increase in the number of retired people who are in private rental housing now. Do we not have to join up far more planning and financial considerations and pure human considerations to secure an affordable place for everybody to live?

[Baroness Penn (Con)]

My Lords, a number of the changes that we are making to the NPPF address some of the noble Baroness’s concerns. They are all about allowing a local area, using the evidence of local need, to produce a plan that works for that area. The noble Baroness touched on the Green Book and how we value social housing but also wider social benefits when we look at value for money in government projects. The Government have done work on reforming the Green Book over a number of years to ensure that we better take that into account. There is also better assessment of national well-being as a factor when we look at policies. We are looking, for example, at valuing our green space more clearly in our policy assessments, so that we can take a more well-rounded look. That is at the heart of my department’s mission. When looking at levelling up across the whole of the United Kingdom, one point that often gets made is that the old ways of doing things incentivises you to invest only in London and the south-east. While that is incredibly important, we know that investing in communities across our country is how we will actually deliver for people, and that is what my department has been created to do.

[Lord Shipley (LD)]

My Lords, the Minister has said that it is not the purpose of this long-term plan for housing to address the need for more homes for social rent. She has also said that the Government are absolutely committed to increasing the supply of affordable and social housing. In the face of the 14% increase in the past year of people in temporary accommodation in our country—a trend which is likely to continue rising—what is the Government’s short to medium-term plan for getting more long-term homes for those being forced to live in temporary accommodation?

[Baroness Penn (Con)]

As I have previously said to noble Lords, we have over £11 billion for the affordable homes programme, but a number of other measures were announced, most recently in the Autumn Statement. For example, the local housing allowance uplift will help with the affordability of the private rented sector, reducing the chances that people might move into temporary accommodation. We also have the Homelessness Reduction Act, which is matched by funding to try to prevent people moving into temporary accommodation altogether. At the Autumn Statement, we also announced additional money for local authorities to increase the supply and quality of their temporary housing to bring down the costs of putting that provision in place so that we can invest in the longer-term solution, which is more affordable housing available to more people.

Homelessness

Baroness Penn Excerpts

Monday 18th December 2023 Lords Chamber

[Lord Shipley (LD)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I remind the House that I am a vice-president of the Local Government Association.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, the latest available statistics are for April to June 2023; data for December 2023 will be available in the spring. We are providing significant investment to tackle homelessness and rough sleeping—more than £2 billion over three years. This includes more than £1 billion to support local authorities to prevent homelessness, with a further £120 million secured at the Autumn Statement for next year to relieve homelessness pressures.

[Lord Shipley (LD)]

I thank the Minister for her reply. She will be aware that at least 300,000 people will spend this Christmas without a home, including 140,000 children, which is a 14% increase in one year. Is the Minister aware that the number of households trapped in temporary accommodation reached a record high last year, yet only 9,500 social rent homes were delivered? What work are the Government doing to increase the supply of social rent homes to reach the 90,000 required each year to end homelessness?

[Baroness Penn (Con)]

My Lords, I acknowledge that those figures are too high. Our focus as a Government has been on preventing people falling into homelessness. That is what a large part of our budget has focused on. The noble Lord is also right that we need to increase forms of affordable housing. We need social rent, yes, but also all forms of affordable housing. That is what we are doing through our affordable housing programme, which is delivering large numbers of additional affordable housing into the system each year.

[Lord Naseby (Con)]

Does my noble friend—

--- Later in debate ---

[Lord Bird (CB)]

Are the Government aware that for every person who falls homeless—they are not all out on the streets—the cost of running that homeless family or individual is two or three times higher than if you keep them in their homes? Has the Treasury done any serious work looking at how to keep the costs of homelessness down by keeping people in their homes?

[Baroness Penn (Con)]

The noble Lord is absolutely right. That is why we passed the Homelessness Reduction Act and why more than half the support we have put directly into tackling homelessness is around prevention. That is funding to local authorities to work with landlords to prevent evictions, for example, before people find themselves in the position of needing to seek out temporary accommodation.

[Lord Naseby (Con)]

Does my noble friend realise that it is just over 50 years since the last new town was designated: Milton Keynes? Part of the concept of new towns was to relieve inner-city homelessness and to provide decent homes for young and old couples who did not find them in the city. Will my noble friend look again at bringing back a new, modern—possibly garden—city concept so that this major problem can begin to be addressed?

[Baroness Penn (Con)]

My Lords, this Government embrace the building of the right homes in the right places; that includes new towns. It also includes greater densification in parts of our cities that are well connected to transport opportunities and jobs. We need more homes across the board, and that is what we are committed to delivering.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I did not expect to hear the noble Lord, Lord Naseby, promoting Labour Party policy, but well done. On current trends, almost 6,000 households could be threatened with homelessness in the final quarter of 2023, covering this Christmas and New Year period. This is driven by a chronic shortage of decent, secure and affordable housing and accelerated by a storm of rising rents, the cost of living crisis and a refusal to ban no-fault evictions. I urge the Minister to bring forward amendments to the Renters (Reform) Bill to end no-fault evictions so that fewer families will be at risk next year.

[Baroness Penn (Con)]

My Lords, the Renters (Reform) Bill contains proposals to do exactly that; it will end no-fault Section 21 evictions. It is part of a suite of housing reforms that this Government have brought in to drive up standards in both the private rented and social rented sectors. We look forward to discussing that Bill when it reaches this House next year.

[The Lord Bishop of Southwell and Nottingham]

My Lords, like many places, Nottingham is suffering from the cost of living crisis, fuel and food poverty, a decline of social housing and a growing shortage of private rented sector properties, which is compounded by the shortfall between the local housing allowance and rents. Framework Housing Association and Emmanuel House do exceptional work, together with the city council, in seeking to help the 10,000 people on the waiting list with an unmet housing need, alongside the street homeless. But the rising demand for social care and increased homelessness have contributed to the council issuing a Section 114 notice. If His Majesty’s Government agree that the charitable and voluntary sector is such a key partner in addressing these needs, can the Minister offer more direct funding to help the homeless in cities such as Nottingham?

[Baroness Penn (Con)]

My Lords, the right reverend Prelate mentioned many different factors that go into this problem. One was the affordability of private rented sector accommodation, so I am sure he will welcome the fact that in the Autumn Statement we committed to increasing local housing allowance rates. Charities and other organisations do great work in this sector, and we will also continue to support them in their work.

[Lord Sikka (Lab)]

My Lords, more than 300,000 people, including 140,000 children, are homeless in England, one of the wealthiest countries on this planet. Can the Minister tell the House why the Government’s policies continue to fail to reduce the number of homeless people in England?

[Baroness Penn (Con)]

My Lords, this problem requires many different responses. I have talked about the work we are doing to prevent homelessness, for example through working with landlords, and what we are doing to increase local housing allowance rates to make the private rented sector more affordable. Ultimately, we also need to increase the supply of housing. We are doing that through building more houses. We have delivered larger numbers of houses in recent years than in many years before and are delivering the right mix of houses built for rent, for social rent and for affordable ownership, as well as houses in the private sector.

[Lord Young of Cookham (Con)]

My Lords, is my noble friend aware of the scheme that Westminster City Council has run for the last few years whereby there is a 24-hour helpline? Anyone who sees a rough sleeper can call that line and an experienced outreach worker will go out, contact that rough sleeper and try to persuade them to come into a hostel and help rebuild their life. Should not this sort of scheme be replicated throughout the country if the Government are to hit their target of ending rough sleeping by the end of next year?

[Baroness Penn (Con)]

My Lords, I am aware of the scheme. In fact, I have been out with some of the charities that respond to those reports and go and seek out people the next day and offer them further help and support. I think it is a very effective scheme, and I am sure we would want to look at what can be done to see it spread further if it is not available in different forms across the country.

[Baroness Scott of Needham Market (LD)]

My Lords, the District Councils’ Network is reporting that some councils are now spending between 20% and 50% of their total budgets on meeting their statutory obligations to provide temporary accommodation but that the subsidy given to them to do so has not increased since 2011. Is this something the Government will look at?

[Baroness Penn (Con)]

My Lords, there are currently no plans to change that amount but we are looking to help local authorities with these pressures in a number of different ways. I have mentioned the change to the local housing allowance rate. Something else that the Government have invested substantially in is the local authority housing fund, which allows local authorities to increase their supply of good-quality temporary accommodation to relieve some of the pressures on them. We announced in the Autumn Statement that there would be an extra £450 million going into that fund over the next two years.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the noble Lord, Lord Campbell-Savours, is participating remotely.

[Lord Campbell-Savours (Lab) [V]]

Does this Question not take us right back to the price of land for affordable housing? In Nijmegen in Holland, the Waalsprong urban extension of 11,000 homes is being built on 3,000 acres of land acquired at agricultural prices. Similar is happening at Hammarby, near Stockholm in Sweden. Why do we insist on paying landowners inflated land compensation prices when the country needs to house our growing population? We need new thinking on land for affordable housing—it is quite simple.

[Baroness Penn (Con)]

My Lords, the issue of land ownership and transparency is one that we have debated before. One measure that the Government have taken forward in the Levelling-up and Regeneration Act is greater transparency over not just land ownership but the contractual controls over land that allow councils, developers and other people seeking to build more affordable housing to have a better idea of what land is available and in whose control it is, so that they can take forward their plans and be more effective.

York and North Yorkshire Combined Authority Order 2023

Baroness Penn Excerpts

Monday 18th December 2023 Lords Chamber

Moved by

[Baroness Penn]

That the draft Order laid before the House on 7 November be approved. Considered in Grand Committee on 13 December.

Motion agreed.

Levelling Up: North-east England

Baroness Penn Excerpts

Thursday 14th December 2023 Lords Chamber

[Baroness Quin]

To ask His Majesty’s Government what are their levelling-up priorities for the North East of England.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, we are giving people in the north-east the tools needed to shape a better future. Next year the north-east will become the first region fully covered by mayoral combined authorities. These mayors will have direct control over long-term investment funds totalling £1.85 billion. Other regeneration priorities are also being delivered by locally led town boards, with £765 million of funding allocated to projects across the north-east.

[Baroness Quin (Lab)]

My Lords, I thank the Minister for that Answer and I welcome the creation of an elected mayor to represent most of the area of the north-east, which is a big step forward for devolution. But the Government’s levelling-up policies have been rightly criticised by the Commons Select Committee and others for simply giving out bits and pieces of money, often as a result of competitive bids, and sometimes seemingly favouring areas where the Government have political friends, rather than addressing the areas of real need. Why can there not be—and why has there not been—an overall programme for the north-east, involving all relevant government departments, to deal with the transport needs, business and investment needs, health inequalities, the woeful shortfall in local government funding, and many other areas? An overall approach is what has been needed.

[Baroness Penn (Con)]

My Lords, I believe that the north-east devolution deal will help deliver that overall approach but put its delivery in the hands of local leaders and an elected mayor. When it comes to competitive bids, we have heard feedback from many local areas and that is why the third round of the levelling up fund was not allocated using competitive bids. We have also set out principles, going forward, in our local government funding simplification plan. Finally, on which areas have benefited from funding from this Government, under the levelling up funds the north-east has received the highest allocation per capita—quite rightly, as it reflects the need in the north-east.

[Lord Bird (CB)]

Is the Minister aware that, in spite of all the Government’s levelling-up efforts, over Christmas there will be 140,000 children and 300,000 people in temporary accommodation? This has gone up by 14% in the last year, according to Shelter and the Big Issue. What can the Minister say about that?

[Baroness Penn (Con)]

I am aware of the figures that the noble Lord cites, and I think it is a tragedy. The Government are committed to doing all we can to address it. We have seen a real increase in pressure on the private rented sector over the past year, which leads to increases in people in temporary accommodation. At the Autumn Statement, we announced further funding towards tackling homelessness to help address this. We also announced that the local housing allowance will be increased to the 30th percentile, which will help address those cost pressures in the private rented sector, so we are doing a lot to try to address this issue.

[Lord Beith (LD)]

When the Prime Minister announced the cancellation of HS2, he made promises that there would be transport improvements for the north-east, affecting both rail capacity on the east coast main line and the dualling of the A1 north of Newcastle. Given the number of broken promises we have had over the last 50 years on these subjects, will they happen?

[Baroness Penn (Con)]

The noble Lord is absolutely right that the decision not to press ahead with the final leg of HS2 has released a huge amount of money for people’s priorities across the north of England when it comes to investing in transport. Where that investment will be made will be influenced and led by local leaders and their priorities, working closely with government. It is in their hands as to where we should best allocate this funding.

[Lord Khan of Burnley (Lab)]

My Lords, a recent report by the Centre for Ageing Better said that the north-east has the largest proportion of older people in poor health, with three in 10 people aged 50 to 64 in poor health, compared with one in five in the south-east. Since 2010 the Government have cut £15 billion from local authority budgets. What is the progress in levelling up regional equalities to ensure that the quality of someone’s later life will not remain a postcode lottery? Is it not the case that the Government embarked on creating a northern powerhouse but instead have delivered a northern poorhouse?

[Baroness Penn (Con)]

My Lords, the levelling-up missions encompass a wide range of outcomes that we are seeking to address, including reducing health inequalities. That is why we are investing further money both in our health service and in social care, including additional grant money made available to local councils this year and next. It is a long-term transformation fund but we will be held accountable, reporting against those missions annually until 2030.

[Baroness McIntosh of Pickering (Con)]

My Lords, the Government have been extremely generous to Tees Valley with the infrastructure and other funding. Will my noble friend look equally generously on North Yorkshire, 75% of whose budget is going towards the elderly, and even more towards childcare? We need to restore the balance between Tees Valley and other rural areas, such as North Yorkshire, in the available funding.

[Baroness Penn (Con)]

My Lords, I was pleased to be able to take forward yesterday the statutory instrument that will create the combined authority and mayoral authority for York and North Yorkshire. It represents a huge opportunity for the area in terms of investment and local leaders taking forward their priorities. My noble friend is absolutely right that it is a different area with a more rural constituency, and I think it has the opportunity to show how devolution and levelling up can work across the country, whether you are in a rural or an urban area.

[Lord Alton of Liverpool (CB)]

My Lords, the noble Lord, Lord Beith, and the noble Baroness, Lady Quin, both made a point about the centrality of regenerating transport links in the north of England in order to help the growth of the economy and therefore levelling up. Is the Minister aware that it can take up to four and a half hours to travel by train from Newcastle to Liverpool? Is she aware that over the summer the Transport Minister, Huw Merriman, kindly came on a site visit to look at the so-called Hellifield link, which would create a new cross-Pennine east-west link—a track that is already there but needs to be revitalised? Given what the Prime Minister said in Manchester about the importance of regenerating the economy in the north based on its transport links, can the Minister find out from Mr Merriman what progress has been made on that?

[Baroness Penn (Con)]

I am very happy to undertake to write to my honourable friend and find out about progress on that. It brings us back to the broader point from the difficult decision not to proceed with the last leg of HS2. That has freed up billions of pounds for investment that will make a difference to more people’s lives, and faster, across the whole north of England.

[Lord Shipley (LD)]

I refer the Minister to the recently published report by PwC, its Green Jobs Barometer, which says that the number of green jobs advertised has fallen sharply in the last year in the north-east, and that London and the south-east continue to dominate the total number of green jobs advertised. If the Government are to narrow the gap through levelling up, what action will they take to promote green jobs in parts of the country outside London and the south-east?

[Baroness Penn (Con)]

The noble Lord is absolutely right that the north-east has huge potential when it comes to green jobs and industries, and that has been a real focus of government investment in the north-east, along with leaders there. We announced the investment zone for the north-east last month. That is all focused on advanced manufacturing, green industries and the creation of jobs there. It is backed by a huge amount of government funding, and we have already seen great results from it. I think we will see an increase in green jobs in the north-east, as well as across the rest of the country.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, does the Minister agree that one of the best things about the north-east of England is that you are almost in Scotland? However, as the noble Lord, Lord Beith, said, when you get to the A1 in the north-east of England, it narrows down almost to a country lane—to a single-file road. Will the Minister answer the noble Lord’s question? When is it going to be dualled? That will be a symbol of Scotland and England remaining part of the United Kingdom.

[Baroness Penn (Con)]

I am going to have to disappoint the noble Lord. I do not have a date for him on when that project will be completed. Essential for improvements to transport across the north of England and in the north-east is the extra funding that will be made available for it through the cancellation of the final leg of HS2.

[Lord Vaizey of Didcot (Con)]

My Lords, I say to my noble friend the Minister not to lose sight of the importance of culture in levelling up. The north has been extraordinarily successful. I declare an interest as a trustee of Tate; Tate Liverpool is undergoing a huge regeneration. There is also the refurbishment of Manchester Museum and the transformation of Newcastle and Gateshead through culture. Will the Minister assure me that in her new brief she puts culture at the centre when she is thinking about levelling up?

[Baroness Penn (Con)]

My noble friend is absolutely right. When we talk about levelling up, we talk about pride of place, for example. Culture can be an incredibly important part of that. In recent levelling-up funding, we have taken steps to ensure that culture specifically is considered in the allocation of those funds.

Building Repairs: VAT

Baroness Penn Excerpts

Thursday 14th December 2023 Lords Chamber

[The Lord Bishop of Chelmsford]

To ask His Majesty’s Government what steps they are taking to improve the sustainability and quality of existing buildings, including by cutting value added tax to incentivise building repairs and maintenance.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, the Government are committed to improving the sustainability of existing buildings. The Autumn Statement expanded the current zero rating of VAT on the installation of qualifying energy-saving materials in homes until March 2027. This relief, worth more than £1 billion, now also includes additional technologies and extends to buildings used for charitable purposes. Additionally, the Government are investing £12 billion in Help to Heat schemes to ensure that homes are warmer and cheaper to heat.

[The Lord Bishop of Chelmsford]

I declare my interest as the Church of England’s lead bishop for housing. I thank the Minister for her Answer. Would she not agree that, as a point of principle, it is preferable to incentivise restoring and renewing buildings which already exist, rather than purely incentivising new building? The present system encourages new build over reuse. While it is clear that we need more housing in particular, this does not encourage a culture of sustainability. The Listed Places of Worship Grant Scheme has been a great help for certain kinds of buildings, but it is only for places of worship, it is due to expire in 2025 and it requires considerable administration. Now that the UK has left the EU, the rate of VAT on repairs is in the gift of His Majesty’s Government. Will they commit to the principle of sustainability by undertaking a review of the potential benefits of a lower rate of VAT on repairs?

[Baroness Penn (Con)]

The reality is that we need both to restore and repair existing buildings and to encourage new build to address our housing supply issues. We have a reduced 5% rate of VAT for renovation works on residential properties, including the conversion of buildings from one residential use to another; on conversions from commercial to residential; and on the renovation of properties which have been empty for two years or more prior to renovation work. We are looking carefully at this issue. Since we left the EU, we have had requests for relief totalling about £50 billion across different forms of VAT. This request needs to be seen in the context of that bigger figure.

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[Lord Cormack (Con)]

My Lords, I declare an interest as a vice-president of the National Churches Trust and of the Lincolnshire Churches Trust, and one who has been a churchwarden for 36 years. It really is crucial that the Government recognise that the most important group of historic buildings in our country are our parish churches and give them some assistance. The Listed Places of Worship Grant Scheme is coming to an end, as my friend the right reverend Prelate said, and we do not wish to see the parish churches of England crumbling into decay.

[Baroness Penn (Con)]

I absolutely recognise the points that my noble friend is making, but the Listed Places of Worship Grant Scheme is making a real difference to churches, as recognised by the right reverend Prelate. It gives grants covering the VAT on repairs of over £1,000 to listed buildings used as places of worship. It is not coming to an end; it runs until the end of March 2025. Of course, any decisions for the spending review period after that will come in due course.

[Lord Swire (Con)]

My Lords—

[Baroness Finlay of Llandaff (CB)]

My Lords, have the Government undertaken a cost assessment of the number of schools that have asbestos in them and that are also affected by RAAC? They need replacing, because the children in these schools are currently at risk of exposure to asbestos fibres, and the same applies to many hospital buildings. Has there been a comparison of the costs of renovation versus replacement for these public buildings?

[Baroness Penn (Con)]

Both the Department of Health and the Department for Education are taking forward very careful programmes to address the issue of RAAC. As part of that, I am sure they will consider the most cost-effective way of addressing those issues. My noble friend Lady Barran is working very closely on the schools issue, to ensure that all schools affected by RAAC have it removed or remediated as soon as possible.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, will the Minister spare a thought for the small but significant number of people who live very modestly in listed buildings? I have to declare an interest, being one of those people. I live in a very small house which happens to be listed, in a conservation area. The business of repairing and maintaining it is extremely expensive and very difficult to achieve, partly because the planning system does not co-operate on very small interventions which could make a significant difference—for instance, insulation. What are the Government doing to help this situation?

[Baroness Penn (Con)]

I acknowledge the point that the noble Baroness has made. We are doing two things in this area. We have updated the National Planning Policy Framework so that, in determining planning applications, local planning authorities should give significant weight to the need to support energy efficiency and low-carbon heating improvements to existing buildings. Specifically on the practical planning barriers that households can face when they are in conservation areas or listed buildings, in our energy security strategy, published last year, we committed to reviewing the barriers that people in such buildings face. That review is under way and I believe that the outcome will be published shortly.

[Lord Swire (Con)]

My Lords—

--- Later in debate ---

[Baroness Pinnock (LD)]

My Lords, I have relevant interests recorded in the register. I want to turn our attention to people’s homes. Some 20 years ago, Kirklees Council offered free loft and cavity wall insulation to every home, regardless of tenure. It was largely funded by energy companies, and 100,000 homes benefited from that scheme. Will the Government learn from that pioneering scheme and consider its introduction across the country in order to achieve the COP 28 agreement?

[Baroness Penn (Con)]

My Lords, we learn from all successful schemes in this area, and you will see similar provisions in our current schemes, including the contribution of energy companies to the cost of improving insulation for households. We have a number of different schemes. They tend to focus, at the initial stage, on those on lower incomes who will most benefit from the reduced bills that improved energy efficiency will bring, but as we move towards achieving our net-zero targets, we will need to have the whole country covered. The expansion of our schemes takes it further—for example, the extended discount on heat pumps that we announced earlier this year.

[Baroness Taylor of Stevenage (Lab)]

My Lords, with all homes to be highly energy efficient by 2025, with low-carbon heating and zero carbon, what estimate have the Government made of the cost of this for social housing, which is likely to run into hundreds of thousands of pounds for each local authority and registered providers, at a time when the cost of living crisis means rent increases are unlikely to be able to meet these costs?

[Baroness Penn (Con)]

I do not have a figure for the overall cost, but the noble Baroness is absolutely right that it will be important for social housing to help make the transition. A lot of our early support has focused on this housing stock—for example, through the social housing decarbonisation fund—because local authorities will need support to take these measures and because the benefits of greater energy efficiency and lower bills need to be targeted at lower income households first.

[Lord Swire (Con)]

My Lords—

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[Lord Swire (Con)]

They tried to silence me.

The right reverend Prelate is absolutely right to raise this issue again, and we should continue to raise it. The Government hid for years behind the fig leaf of the EU, saying they were unable to vary the rate of VAT. We are now out of the EU and this is the time to look at that. If the Government are serious about reusing and refurbishing our stock of older properties, they should look again. We are not asking for any kind of VAT reduction; we are looking for parity. I do not understand the intellectual argument for two rates of VAT—one which clearly discriminates against the built heritage sector. On that subject, I just say to my noble friend that, if she talks to anybody in the heritage sector, as I am sure she does, she will find that the backlog of repairs because of this pernicious rate of VAT is now extremely concerning.

[Baroness Penn (Con)]

I say to my noble friend that we are taking advantage of the flexibilities we have since leaving the EU in reducing rates of VAT. We have announced that the installation of qualifying energy-saving materials in residential accommodation has a zero rate of VAT until March 2027. This support is worth over £1 billion and will help households and charities improve their energy efficiency in buildings and reduce carbon emissions. As I said earlier, we get requests to reduce the rate of VAT across a number of different areas, and we consider them very carefully, but they have to be considered in the context of how much revenue VAT raises. As I said, the total cost of requests across different areas has totalled some £50 billion since we have left the EU.

York and North Yorkshire Combined Authority Order 2023

Baroness Penn Excerpts

Wednesday 13th December 2023 Grand Committee

Moved by

[Baroness Penn]

That the Grand Committee do consider the York and North Yorkshire Combined Authority Order 2023.

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, the purpose of this order is to implement the devolution deal agreed between the Government and the councils of York and North Yorkshire on 1 August 2022. Since then we have been working closely with those councils on implementation, and on 3 November 2023 they consented to the making of this order.

This order, if approved, will establish the new York and North Yorkshire combined authority and the office of mayor for the area, with the first election to take place on 2 May 2024. The elected mayor will then take up office on 7 May, with a four-year term ending after the next mayoral election in May 2028. Thereafter, there will be elections every fourth year, to be held on the ordinary election day for that year—that is, on the first Thursday in May. Following the enactment of the Elections Act 2022, these mayoral elections will be on a first past the post basis.

The mayor will be chair of the York and North Yorkshire combined authority, which comprises as constituent councils the city of York and North Yorkshire. The combined authority will be established on the day after the order is made, subject to parliamentary approval, which is likely to be before the end of the year. Until the elected mayor takes office there will be an interim chair of the combined authority. The combined authority will appoint one of its members as the interim chair.

The order also transfers police, fire and crime commissioner functions for North Yorkshire to the combined authority, to be exercised by the mayor. Additionally, the mayor and the combined authority will be conferred a range of other significant powers agreed in the devolution deal. These include a concurrent power with Homes England, powers on regeneration and transport, and powers for establishing mayoral development corporations. Education and skills functions, along with the devolution of the adult education budget, will be conferred on the combined authority at a later date, as agreed with the area. This is with a view to the area being responsible for skills and adult education from the academic year 2025-26. This is subject to the area meeting the readiness conditions and parliamentary approval of the secondary legislation conferring these functions.

The order also contains detail on the governance arrangements of the new combined authority, to reflect these powers and the role of the mayor. Each constituent council will have two members on the combined authority, one of these members being appointed by the mayor as deputy mayor. The mayor will also appoint a deputy mayor for policing and crime, who may be any person the mayor considers appropriate.

These governance arrangements include that the PFCC functions and certain other functions—including, for example, the power to designate a mayoral development area or to draw up local transport plans and strategies—are to be exercised by the mayor personally. The mayor may also delegate the exercise of these functions to another member or officer of the authority, with particular specified arrangements for the PFCC functions.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I remind the Committee of my interests as a serving councillor at both county and district level. I am also a vice-president of the Local Government Association.

As a councillor for almost 27 years, a former leader of my council for 16 years, one of the instigators of the Hertfordshire Growth Board and a local enterprise board member since its inception, I am a great believer both in the transformational powers of local government and in far deeper and broader devolution. I see this, as does my party, as the quickest and most effective way of creating economic growth tailored to local circumstances, as well as of providing the levers of economic, social and environmental well-being where they can best be deployed flexibly, speedily and to the greatest benefit of the area concerned.

So, as a passionate advocate of devolution, it would be churlish of me not to welcome an agreement between York, North Yorkshire and the Government where all believe that it is in their interests. If I needed further convincing, it was pleasing to see that one of my local government colleagues—Councillor Mark Crane, the leader of Selby, who had always been deeply sceptical of such a deal for North Yorkshire—now welcomes the proposals; I am pleased to see that. I thank all the leaders and officials from that area who have done so much work to get this deal over the line. My comments concern the principles, with some specific questions about this deal, and are not intended to intervene in this two-year-long process between the councils in York and North Yorkshire, the people whom they represent and the Government.

We have seen highly effective outcomes from devolution in Greater Manchester—with which I worked extensively as part of the Co-operative Councils’ Innovation Network—and in West and South Yorkshire, but no one could argue that the progress of devolution has not been slower than a snail’s pace. It remains fragmented, patchy and piecemeal, with large areas of the country not subject to deals at all, even where they have worked carefully to draw together political, business and social partnerships, because they have clearly not passed the mysterious and indeterminate tests set by the Government. I cite Hertfordshire as an example here. I was very pleased to hear the Minister in the other place reiterate yesterday that a mayor is not the right solution for everybody, but it seems that, if your proposal does not include one, you are far less likely to shimmy under that government bar.

We would like to see a presumption in favour of handing back powers to our towns, cities and communities, with everywhere having the powers and flexibility to turbocharge the growth that works for their area and to attract investment, with the ability to negotiate longer-term finance settlements from government. That would give every area the ability to be ambitious for their residents and businesses and to deliver the real changes on the ground to deliver that ambition.

Too many areas are held back by our antiquated, struggling and definitely not fit for purpose local government funding system. It has been further weakened by years of cuts, use of outdated data that is out of touch with changes in local areas and, more recently, the further blow to finances caused by runaway inflation following the mini-Budget just over a year ago. To authorities in such straitened financial times, a devolution deal can bring some much-needed financial relief, so it is perhaps not surprising that local leaders are tempted. However, we need to see this in context. The York and North Yorkshire deal, for example, apparently equates to £20 per resident of the region per year over the term of the 30-year deal—incidentally, that is more than West Yorkshire but less than Liverpool, the Tees Valley and South Yorkshire, so I hope that local government colleagues working on deals are tough negotiators.

However, IPPR North tells us that the north of England has seen a £413 reduction per person in average annual council spending in each year between 2009-10 and 2019-20, so the deal does not come close to the losses that communities in the north have experienced due to austerity. Does the Minister see this as such a marvellous deal in that context? Is it envisaged that further money might be on the table as plans for the area develop? That was a bit ambiguous in the SI, so I am interested to know whether it is the case.

On the consultation process, I can see from the papers that extensive efforts were undertaken—which the noble Baroness, Lady Penn, went through—to elicit responses from the public on these areas, but does the Minister consider that just over 2,000 responses from a population of almost 1 million people represents a clear mandate? What work have the Government done with the Local Government Association on how we might improve these consultation processes in future? I appreciate that the structure of local government can be confusing, particularly in areas with two or three tiers of local government, but introducing changes of such magnitude on the basis of a mandate of just over 50% of such a tiny percentage of the local population surely suggests that we need more innovation in the consultation processes.

On general questions of governance, the Minister will be aware that we tried very hard to ensure that every place in the area would be represented on the combined authority during the levelling-up Bill, but that was not the outcome. Like the noble Baroness, Lady Pinnock, I remain concerned about so many powers being vested in one person. It has been the practice in mayoral authorities for mayors to appoint deputy mayors and for them not to be elected. This also applies to police commissioners. These are very important roles, so does appointment rather than election impact on accountability? This is especially the case if the mayor cannot fulfil their role, as it is then delegated to an unelected deputy mayor. Why do the Government consider appointment the best model here and, to go back to my earlier point, why do appointed deputy mayors enjoy a role on combined authorities which is denied to locally elected council leaders?

Have the Government given any thought, for example, to local public accounts committees to mirror their function in the other place? This would widen the scope of the police and crime commissioners, which, I agree with the noble Baroness, Lady Pinnock, have not proved terribly effective, and would provide joined-up accountability for the mayor.

We note that for this deal the adult education budget transfer is to come later than the introduction of the combined authority in May 2024. I appreciate that this has been agreed with the partners in this devolution deal, but with skills and training so essential to economic growth, why are they not an early priority for all devolution deals?

I have carefully read Part 5 of the order, which means the authority may introduce bus franchising if it chooses to do so. How would the Government, including the Department for Transport, support the combined authority if it chooses to exercise this power? Do the Government envisage any issues arising from the different transport roles of the mayor, the York and North Yorkshire Combined Authority and the constituent authorities in relation to local transport plans, bus partnerships and highways and traffic authority functions?

In July, the BBC reported that £1 million would be given to support the set up of the new combined authority in addition to £582,000 already spent. Can the Minister update the Committee on funding the direct cost of the combined authority after the inaugural mayoral election? That is not the money allocated for spend for the authority, but its direct set up cost.

In conclusion, we strongly support the principle of devolution to local areas and congratulate all local areas that have navigated the current complex system to get their deals over the line. We will certainly not be opposing a deal negotiated at local level, however we urge that the Government consider how they will accelerate the devolution process and how some of the questions that have come up under this deal and others are to be answered in future.

[Baroness Penn (Con)]

My Lords, I thank both noble Baronesses for their contributions. I will seek to address as many of their points as possible. First, it is worth recognising the in principle support for this deal and the process overall.

Like the noble Baroness, Lady Taylor, we recognise the work that has gone on among local councils, representatives and others in making this happen. To pick up the point about consultation, it is important to place that consultation in the context of the involvement of a great many people within the York and North Yorkshire area who are representatives of their communities and constituents. Given the diversity of the areas covered, the broad support for it among councils, MPs and others involved means the reach for how we have gone about agreeing the devolution deal process is not represented just by the consultation. However, I think we should always look at how we can better engage local areas and people as we go through this process of devolution, so we would always open-minded about how we can improve on that process.

I will address the other, broader point around the process of devolution about how far this deal goes in terms of delegation versus devolution and how much of the country benefits from either and should in future. We are absolutely committed to having every area that wants it benefitting from more devolved government. Since we set out our ambitions for this in the levelling up White Paper, we have moved at a faster pace than we would expect. I think that more than half of England’s population will be covered by a devolution deal.

We are also keen to reflect that devolution deals can work for rural areas as well as urban areas. The noble Baroness, Lady Pinnock, is right that this deal is in some ways a trailblazer for that. However, I do not think that that is a reason not to go ahead. If we want devolution to be available to every area of the country, we need to find the geographies and structures that work that mean that it can be extended.

The Government are going further: we have the two trailblazer areas of Greater Manchester and the West Midlands Combined Authority as regards moving towards that next stage, where you will get closer to a single settlement for the combined authority with much greater flexibility. Those are intended to be trailblazers for other areas that wish to go further in this process—so I think we agree on the direction of travel as regards those aspects of it as well.

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[Baroness Pinnock (LD)]

I am sorry to interrupt, but government Ministers continually say that above-inflation grants have been provided to local authorities in the last year or so. However, for those local authorities that have social care responsibilities, the social care precept is an additional burden on council tax payers. It is not exactly the case that more money has been provided; it has, but the Minister should give the addendum that part of it is provided by an additional burden on council tax payers. In my local authority, it costs council tax payers £200 extra a year to provide for the social care precept.

[Baroness Penn (Con)]

I absolutely acknowledge the point made by the noble Baroness. I think I referred to an increase in core spending power, and my understanding of that metric is that it reflects the government grant, the council tax and the additional social care precept. I did not refer only to the government grant. I am sure she will be well aware that additional grant funding has also gone into social care over the last two years to reflect additional pressures in that sector.

I was simply making the point that, since 2019, I believe, above-inflation increases to the core spending power of councils have been made available. The terms of the devolution deal and the money attached to it are as set out. The noble Baroness, Lady Taylor, asked about further funding. I will not speculate on that, but I point out to all noble Lords that the Government have made significant amounts of funding available for levelling up through the levelling up fund, the towns fund and the future high streets fund. We are working to simplify that funding landscape, but there is an ongoing commitment from this Government to make funding available for local economic development and regeneration. We have seen that in the significant amounts made available in recent years and the ongoing commitment from the Government in that area.

I am conscious that I have not addressed a couple of the questions, in particular on transport, which the noble Baroness, Lady Taylor, asked. If both noble Baronesses will forgive me, I will write to them with further details.

Motion agreed.

Representation of the People (Overseas Electors etc.) (Amendment) (Northern Ireland) Regulations 2023

Baroness Penn Excerpts

Tuesday 12th December 2023 Lords Chamber

Moved by

[Baroness Penn]

That the draft Regulations laid before the House on 23 October be approved.

Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee

Motion agreed.

Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Baroness Penn Excerpts

Tuesday 12th December 2023 Lords Chamber

Moved by

[Baroness Penn]

That the draft Regulations laid before the House on 23 October be approved.

Relevant document: 1st Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Penn) (Con)]

My Lords, in our manifesto, the Government committed to removing the 15-year limit on voting rights for overseas electors and we are delivering on that promise. Last year, Parliament passed the Elections Act, resolving to extend the franchise to all British citizens, including eligible Irish citizens, living overseas who were either previously registered to vote in the UK or were previously resident in the UK. The two statutory instruments we are debating flow from that Act.

If approved by Parliament, together, these instruments will make necessary changes, as well as improvements, to electoral registration processes across the UK from 16 January 2024 to coincide with the commencement of the franchise change. To ensure the registration processes are workable for applicants and for administrators, we have worked closely with delivery partners and stakeholders across the electoral sector and have engaged with representatives of British citizens overseas on the design of the process. We have created a process that ensures that our democracy remains secure, fair, modern and transparent.

I will start by outlining the changes these instruments make to the registration application process to enable overseas electors to apply, and to enable electoral registration officers in Great Britain and the chief electoral officer in Northern Ireland to determine their eligibility under these new criteria. These instruments ensure that there are robust processes to verify an applicant’s identity and establish their eligibility to register at their qualifying UK address.

The Elections Act 2022 established two conditions for registering to vote as an overseas elector. Going forward, an individual can apply under the previous registration condition or, if never registered, the previous residence condition. Applicants who have previously registered to vote in the UK should apply in respect of the address where they were last registered, under the previous registration condition. For the first time, applicants previously resident in the UK, but who never registered to vote, can apply in respect of the address where they were last resident, under the previous residence condition. Applicants will, as now, be required to complete a declaration as part of their application. These instruments update the declaration requirements to reflect the new eligibility criteria. When determining an application, electoral registration officers must check and be satisfied of the applicant’s identity and connection to their qualifying previous UK address.

To check the applicant’s identity, as now, the applicant’s national insurance number will be data-matched by DWP. Digital improvements mean that this process will be quicker than the current identity checks. Where an applicant cannot provide a national insurance number, or this cannot be matched, they will be able to provide documentary evidence. This new step, introduced by the instrument for Great Britain, brings the process into alignment with existing practice, maintains integrity and eases the administrative burden on applicants and administrators by reducing recourse to attestations. As now, an attestation from a qualified elector—that is, a statement from a UK-registered elector who is not a close relative—may be used to verify an applicant’s identity where verification by documentary evidence is not possible. To verify an applicant’s connection to their qualifying address, as now, in most cases, electoral registration officers will be able to rely on checks against previous electoral registers. Registers are typically held for 15 years, and we expect they will be retained for longer in future.

Where register checks are not possible, this instrument enables several ways to verify an applicant’s connection to their qualifying address. This includes a DWP data match, checks against local records where available and the power for a registration officer to request several types of documentary evidence, originating from reputable sources—such as the UK Government, local authorities and banks—from the applicant. We have considered stakeholder feedback on documentary evidence available to overseas applicants and have provided flexibility in these measures while ensuring they retain integrity. An attestation from a qualified elector can also be used for qualifying address verification where documentary evidence is not possible. This is in close alignment with the process for verifying the identity of both overseas and domestic electors.

I turn now to the renewal process and absent voting arrangements. Currently, to stay registered, an overseas elector must reapply every year. This instrument implements a new fixed-point renewal process, which enables overseas electors to remain registered for up to three years. In Great Britain, overseas electors’ absent vote arrangements will also be tied to the registration renewal process, meaning that an overseas elector will be able to renew their registration and their absent vote arrangement at the same time. These changes will benefit the elector. Enabling an elector to maintain their registration and absent vote in this way means that, when a parliamentary election is called, the elector’s absent vote can be issued without delay.

This improved process will also support administrators to maintain the accuracy of registers, minimise time-consuming processes and reduce their workload in the run-up to an election. Registered overseas electors will be able to renew their declaration within the last six months of their current registration period. The instruments will ensure that overseas electors are made aware in good time when they need to renew. Electoral registration officers will be required to send a first renewal reminder after 1 July during the year in which an elector’s current registration period is due to expire, with a second reminder to follow a reasonable time thereafter, enabling registration officers to manage the process alongside their other responsibilities.

The instrument applying to Northern Ireland does not amend absent voting arrangements, as electors registered in Northern Ireland are automatically entitled to use proxy votes as part of the existing process.

These instruments maintain the integrity of registration processes, ensuring that electoral registration officers continue to register applicants only when satisfied as to their eligibility. We are setting strengthened requirements for attestors and applying a new limit to the number of individuals an attestor can attest. Within an electoral year, an attestor may in future provide identity attestations only for a maximum of two individuals and, separately, address attestations for up to two individuals. We believe this to be a necessary and proportionate measure that maintains integrity while ensuring accessibility for overseas applicants who can now be attested by any UK-registered elector, not just an overseas elector.

In addition to the changes I have just outlined, these instruments make further improvements to the registration process, making it easier and quicker for eligible overseas applicants by enabling electronic submission of information, including copies of documentary evidence. In some cases, these can be provided at the point of application to speed up the process. Overseas electors registering in Great Britain are also now able to apply for a postal or proxy vote online, following the introduction of the new online application services on 31 October 2023.

We continue to work closely with the sector, including the Association of Electoral Administrators and the Electoral Commission, in preparation for implementation; we will provide funding for additional costs incurred in line with the new burdens doctrine. We are also working closely with the Electoral Commission, which has the statutory responsibility to promote democratic engagement. The commission is undertaking a targeted communications campaign both to engage with British citizens overseas and to promote awareness through their friends and families. My department will work alongside other government departments, including the Foreign, Commonwealth and Development Office, to facilitate the commission’s plans for awareness raising and to amplify its activity through government communication channels where value can be added.

I will address the regret amendment tabled by the noble Lord, Lord Khan of Burnley. The Government strongly disagree with the notion that the draft measures for consideration today will weaken the existing robust system of checks that surrounds all political donations. UK electoral law already sets out a robust regime of donations controls to ensure that only those with a legitimate interest in UK elections can make political donations. The rules are very clear: political parties and other campaigners are required by law to undertake all reasonable steps to verify the permissibility of a donation within 30 days of receiving it, and prior to its acceptance. Donations that do not meet the established permissibility tests must be returned and reported to the Electoral Commission. There are also already provisions that explicitly prohibit money being funnelled through permissible donors on behalf of impermissible donors.

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So we have a large list of questions that this SI does not answer. Clearly, after the election we need a full and cross-party examination of electoral law, of the role of the Electoral Commission and of the whole question of inclusion and exclusion in voting rights. It may indeed include some of the questions that the noble Lord there was raising. We on these Benches will support this regret amendment if it is pressed, because we are not convinced that the Government have thought this all through. It is quite evident that they have not and we are therefore led to conclude that concern for increasing large foreign donations to the Conservative party from people based in Dubai, Singapore and elsewhere without checks being made is one of the main motivators of pushing this change through so rapidly without thinking through the consequences. We will regret that, because it is a threat to the integrity of our democracy.

[Baroness Penn (Con)]

My Lords, I am grateful for the contribution of all noble Lords to this debate. The noble Lord, Lord Khan, started with some of the principles behind expanding the franchise to overseas electors. The noble Lord, Lord Harris of Haringey, also asked about that point. The statutory instruments implement changes made in the Elections Act and were debated substantially then—but it is worth touching on those points now.

Currently, around 1 million overseas UK nationals are eligible to register to vote, but only around 230,000 were registered in 2019. By that measure, they could be seen as the least enfranchised electors of any group. In terms of connections to the UK, British expats increasingly retain strong links with the United Kingdom. Many have family here or plan to return here in future. Decisions made by the UK Parliament on foreign policy, defence, immigration, as we have heard from the noble Lord, Lord Davies of Brixton, on pensions, trade or Brexit affect British citizens who live overseas, and that is why they should have the right to vote in parliamentary elections.

To those who say that it is politically motivated, as we have heard, I believe it is Lib Dem policy to support votes for life, albeit structured in a different way, to establish overseas voters into stand-alone overseas constituencies. It is the view of this Government that it would sever the connection to where the voters previously lived in the UK and create a two-tier system of MPs. So, it is in the interests of UK citizens resident in the UK to be balanced with those living overseas, and distributing electors on the basis of their previous local connection would ensure that.

As my noble friend Lord Lexden pointed out, Labour International also supports votes for life and has addressed some of the questions around this policy in its own words—in particular the point around whether overseas electors are tax exiles or non-doms. Labour International states that

“the vast majority of us are working age or younger and not tax exiles or rich non-doms. Those who are pensioners may have spent a lifetime paying into UK insurance and be dependent on UK pensions and healthcare funding”.

On the connection between paying tax and being eligible to vote, as a matter of principle taxation is not connected to enfranchisement in the UK. If a British citizen can vote for a political party at an election, they should be able to donate to that political party, subject to the transparency requirements on donations. Electoral law already allows registered British expatriates to vote in UK parliamentary elections and make donations. The Elections Act and these statutory instruments make no change to that principle. They merely amend the overseas franchise.

To expand further on the concerns raised by the noble Lords, Lord Khan and Lord Harris, about applicants potentially fraudulently choosing their constituency or registering in more than one location, as now, overseas electors will be entitled to register in respect of only one UK address. The Elections Act 2022 puts in place clear rules regarding where British citizens overseas may register. It must be the address at which they were last registered or, if they were never registered, last resident. As now, their connection to that address must be established before they are added to the register. Individuals applying in contravention of those rules will be providing false information and may have committed an offence. They will be penalised accordingly.

[Lord Anderson of Swansea (Lab)]

How will they be penalised? How can a sanction levied in this country be imposed abroad?

[Baroness Penn (Con)]

Well, as under the current system, all overseas applicants need to prove their identity and their verifiable connection to a UK address. A broad range of offences and penalties applies to persons seeking to register. If the applicant is not registering in compliance with those rules, an electoral registration officer who suspects fraud, for whatever reason, will ask them for further information and will not register the individual if they are not satisfied. So, there may be different routes to enforcement, but the key point here is whether people would be able to get on to the register using inaccurate or fraudulent data. That is what we have put protections in place to prevent. Registration officers are experienced in assessing evidence and, as I have said, as now, when they suspect fraud, they will have the power to ask for further information.

The noble Lord, Lord Khan, also asked about the process for using—

[Lord Wallace of Saltaire (LD)]

Has the Minister ever visited an electoral registration officer’s office? Does she realise how small the numbers of staff are? The idea that they can take on all these checks, even outside the short election campaign when they are always extremely busy, does seems a little optimistic.

[Baroness Penn (Con)]

My Lords, I will come on to the question of resources and implementation later in my response but, as I said at the start of my speech, the expansion of the franchise does not change the principle of the franchise. People who have been abroad for up to 15 years are able to vote and these measures are expanding that further.

I was going to add more on the process of using attestations to demonstrate the connection to the UK address, as this was asked about by several noble Lords. It is important to make this work, so that an eligible applicant has every opportunity to demonstrate their eligibility. We anticipate that an electoral registration officer will be able to verify most applicants’ connection to their qualifying address using register checks or DWP historic address matching. Where this is not possible, applicants will be able to provide documentary evidence or, failing that, an attestation. This is in alignment with the processes for verifying identity. We have considered feedback from stakeholders on the different types of documentary evidence that an overseas applicant may have available to them and enabled electoral registration officers to consider a wide range of documentary evidence, providing that it contains the applicant’s name and qualifying address. This is a hierarchy of processes that applicants must go through. Attestation can only be used if those other processes have not been able to establish the information needed.

The attestation process is a long-established process for voter registration and, as I said before, used only where other methods of verification have been exhausted. Attestors are subject to certain requirements and must provide information that demonstrates that they meet those requirements. They must declare that all information in an attestation is true and acknowledge that it is an offence to provide false information to an electoral registration officer. The Government believe that these instruments strike a balance between the accessibility and integrity of the attestation process by introducing new limits on the number of individuals an attestor can attest for within an electoral year. The Electoral Commission provides guidance for EROs on verifying attestations and has the power to reject those attestations.