Levelling-up and Regeneration Bill

Baroness Taylor of Stevenage Excerpts

Committee stage
Wednesday 24th May 2023 Grand Committee

The amendment seems a straightforward approach that we could adopt. I gently say to the Minister that we already have a vehicle whereby we might be able to achieve this, because the Localism Act 2011, championed by my noble friend Lord Stunell, who preceded me as a Minister in DCLG, provides a model that we could use, particularly with the sections of that Act about assets of community value, especially land of community value, with the accompanying rights to bid, and even asset transfers from local authorities to local community groups. There is a way of doing this. It is a brilliantly good idea that is simple and straightforward. I hope that it will get the Government’s support.

[Baroness Taylor of Stevenage (Lab)]

My Lords, we appreciate all the reasons powerfully set out by the noble Baroness, Lady Bennett, in her proposal in Amendment 481 to instigate a nationwide assessment of land contamination and put in place steps to mitigate that contamination. The push to use brownfield sites for development, which the noble Baroness referred to, is another key reason why this is becoming even more of an issue. As the noble Lord, Lord Foster, said, there are some practicalities around the resources that would be needed for such a survey, while mitigation might be even more challenging.

As the noble Baroness said, at present land contamination is usually determined at, although sometimes before, the planning stage. The developer is then charged, albeit voluntarily, with ensuring that contamination is cleared before the development can go ahead—except, of course, in Teesside, where the public seem to pick up the tab.

There is a case to be made for employing a polluter pays principle, which might be successful where contamination of the land is relatively recent, but that will not always be the case, so some further thought needs to be given to this. If we are going to carry on using more brownfield sites, we will have more occasions when we need to work out how this will be done. Further consideration is certainly needed for that amendment.

The amendment in the names of the noble Baronesses, Lady Boycott and Lady Scott, my noble friend Lady Young and the noble Earl, Lord Caithness, builds on a truly uplifting initiative that we have seen in many areas recently, where councils designate areas of public land that can be used for community cultivation. I was pleased to hear the fantastic examples from the noble Baroness, Lady Boycott.

In my area, we have some beautiful community orchards, funded through local council budgets, but very much at the instigation of the public and with their support for the ongoing maintenance and cultivation. It was just wonderful to hear a conversation in the orchard in my ward between two gentlemen who had harvested the quince tree—we do not have a lot of quinces in Stevenage but we have a quince tree in my orchard. They had found recipes for quince jelly and were standing there comparing notes about the variable qualities of their quince jelly, which was wonderful to hear. It has also been a real pleasure to see local groups taking on the cultivation and management of small parcels of land to improve the street scene in their own area. In some cases, these are designated as pocket parks; in others, they are operated under the licence to cultivate regulations.

The provisions set out in this amendment are proportionate and sensible in requiring a determination by the local authority of what is meant by community cultivation, how it is to be designated and nominated, the setting of clear parameters around the timescales for which land may be made available—I like the idea of a meanwhile lease on these areas—and the publication of lists of such land. We believe that a provision for community cultivation in this way would build on the initiatives already developing in our communities, provide a welcome but very different element to the ever-popular allotment movement—most areas have long waiting lists, as we have heard—and give residents a real stake in managing and cultivating their local area. In some cases, it would provide a way of growing much-needed fresh fruit and vegetables for the community. The noble Earl, Lord Caithness, referred to the quality of food. These projects of course have a double benefit, which was outlined by the noble Earl in reference to his grandson, because people learn about food as they grow it and then also have fresh food to eat.

With all the objectives of this amendment—healthy food, the environment, well-being, community engagement and meanwhile leases of land not currently being used —I cannot see any reason why it could not be accepted by the Government. I hope that it will be.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, in response to Amendment 481 in the name of the noble Baroness, Lady Bennett of Manor Castle, of course this Government support lessening the risks from contaminated land. Indeed, I well remember our debates on Zane’s law throughout the passage of the Environment Bill and the noble Baroness’s passion for this subject.

Under Part 2A of the Environmental Protection Act 1990, local authorities already have a duty to inspect their areas “from time to time” to identify and require the remediation of any land prior to any housebuilding. Current statutory guidance states that a local authority’s approach to inspection should “reflect local circumstances”. This enables a flexible approach to providing value for money and to protecting the environment and human health. There is also a duty for the Environment Agency to report on the state of contaminated land “from time to time’, or

“if the Secretary of State at any time so requests”.

The noble Baronesses, Lady Bennett and Lady Taylor, and the noble Lord, Lord Foster, expressed concerns about resources. The 2012 contaminated land statutory guidance outlines the polluter pays principle, enabling, where possible, costs of remediating pollution to be borne by the polluter. Under Part 2A of the Environmental Protection Act 1990, the Environment Agency may inspect on behalf of a local authority if a local authority identifies contaminated land that it considers will meet one or more criteria for special site designation, as set out in the Contaminated Land (England) Regulations 2006. If the land is determined as a special site, the Environment Agency will become the enforcing authority and responsible for requiring appropriate remediation to the site.

If no polluter can be found and the site is not designated as a special site, the local authority must investigate and require appropriate remediation of the site. The Government recognise that the costs of remediation, including landfill tax, can be a financial barrier for local authorities seeking the remediation of contaminated land. Defra is currently developing a grant scheme to help local authorities to cover the cost of landfill tax in land remediation projects. In 2023, Defra will publish a revised Construction Code of Practice for the Sustainable Use of Soils on Construction Sites, which will empower and inform industry to protect its sites’ soil health, prevent contamination and mitigate soil being deposited in landfill. I hope that that provides a modicum of reassurance.

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Moved by

[Baroness Taylor of Stevenage]

492: After Clause 214, insert the following new Clause—
“No fault evictionsWithin one year of this Act being passed, a Minister of the Crown must publish a review of whether legislating to prohibit no fault evictions would support the implementation of this Act.”

[Baroness Taylor of Stevenage (Lab)]

My Lords, first, I apologise that I have to leave before the end of the session today. The late setting of the time for this session means that I have another engagement at the same time.

The LURB has become a bit of club, albeit niche, over these 15 days of Committee. There will be time to thank other people working on the Bill in due course, but, as she steps down from her Front-Bench role, I thank very much indeed the noble Baroness, Lady Bloomfield, for her courtesy, diligence and good humour during the days spent on this Bill.

Our Amendment 492 refers to the topic of no-fault evictions—much discussed in your Lordships’ House—and suggests putting provision in the Bill to cease this practice. At present, landlords can evict tenants without giving a reason and by issuing a Section 21 notice. This gives tenants just two months before their landlord can apply for an eviction order. Last year, research by Shelter said that nearly 230,000 private renters had been served with no-fault eviction notices since April 2019.

The utter misery and fear this creates for people in rented property is untold. I deal with so many cases of this as a local councillor. There is disruption when people have to move schools, particularly for families that have children with special educational needs and have to be moved away from one school but may not have the provision they need in another school. It disrupts work, childcare and people’s social lives and contacts. We have to think about how we address this issue.

We appreciate that there have been recent announcements from the Government about the Renters (Reform) Bill that may address this practice. However, surely the quickest and most effective way to end this practice, which has caused so much distress to renters—including the disruption to family life that I mentioned—and, importantly, adds to the homelessness burden on local authorities, is to put this measure into the levelling-up Bill.

We understand that, under the proposed reforms, landlords will be able to evict tenants only in certain circumstances, including when they wish to sell the property or when they or a close family member want to move in, and only after a six-month notice period. However, we believe that after three months they will be free to put the property back on the rental market. We also point out that, under the current proposals, renters who receive a possession notice will no longer have the right to immediate help from their council to avoid homelessness. Shelter is calling for these time periods to increase and for the notice period for evictions to increase from two to four months. In areas of high housing demand where supply is limited, it can take months for a family to find a new property suitable for their needs. These short time periods for evictions cause untold stress and harm to the families affected.

Our Amendment 504GJF in the name of my noble friend Lady Hayman and the noble Lords, Lord Young, Lord Wasserman and Lord Best, refers to the long-standing issue of the Vagrancy Act 1824. It asks Ministers what impact they think the continuing provisions of this ancient Act will have on levelling up and regeneration. As recently as 17 May, my noble friend Lady Kennedy of Cradley raised this issue in your Lordships’ House, pointing out that

“the delay in commencing the repeal of the Vagrancy Act has left this matter unresolved for more than a year. In that time, more than 1,000 vulnerable people have been arrested under its provisions”.

In response to the Minister’s Answer that

“we will repeal the Vagrancy Act when suitable replacement legislation is brought forward”,

my noble friend pointed out the concern that the Government are seeking

“to recriminalise homelessness through new anti-social behaviour legislation … contrary to the principles established in the Government’s rough sleeping initiative. That is, in effect, the Vagrancy Act by the back door.”—[Official Report, 17/5/23; col. 240.]

We believe the Government could now move past criminalisation as a response to homelessness and offer genuine, workable support. It is simply not acceptable as we move rapidly forward towards the second century of this punitive Act being in place that we are waiting to repeal it until we can find a similarly punitive alternative. The levelling-up Bill could and should be the place to address the issues of those who are street homeless.

Look at projects such as the Finnish Housing First, where packages of support for people with complex needs are delivered alongside housing. We have delivered some of this in my borough, using modern methods of construction homes. They make a real difference; four out of five of the people supported in this way end their homelessness for good and get themselves on a different path in life. The levelling-up Bill would really be doing its job properly if it addressed issues such as that. Our amendment would start the process of making sure that we consider street homelessness a levelling-up challenge. I beg to move.

[Lord Best (CB)]

My Lords, I support Amendment 504GJF from the noble Baroness, Lady Hayman of Ullock, also supported by the noble Lords, Lord Young of Cookham and Lord Wasserman. However, this is not the amendment I would have liked to see. That would read: “The Vagrancy Act 1824 is hereby repealed”. That amendment was ruled to be outside the scope of this Bill. This amendment is a tentative step in the right direction and the very least we should be taking forward at this stage.

Your Lordships’ House played a crucial part in getting the repeal of this antiquated Act into the House of Commons’ version of the Police, Crime, Sentencing and Courts Act 2022. This House passed the repeal amendment on a cold February night, at 25 minutes past midnight, earning the thanks of the coalition of homeless charities, led by Crisis, that had campaigned for this change over many years. In the Commons, Nickie Aiken MP and the right honourable Robert Jenrick MP helped secure this repeal, and all that remained was for the commencement date to be set. But the Government postponed the repeal for well over a year, pending the results of consultation on whether losing the 1824 legislation would deprive police forces of powers they need to address “aggressive begging”.

Those of us involved in the efforts to get rid of this archaic Act have emphasised two points. First, the criminalisation of people sleeping rough not only sends out all the wrong messages in a civilised society but directly undermines efforts to help people off the streets and provide them with the support—for example, to tackle alcohol and substance misuse and mental health problems—that they desperately need. Many homeless people, knowing that homelessness is itself illegal, will not come forward, even if they are abused and harassed by obnoxious bullies. The police have a role not in arresting the homeless but in supporting them to receive the help they need. Indeed, it would seem a step forward if the Homelessness Reduction Act 2017—which requires certain public bodies, including prisons, to notify local authorities when they know of people at risk of homelessness—could be extended to embrace the police as well.

Secondly, there is the objection that powers need to be retained from the old Act—invented or included in a new Act—to protect the public from anti-social begging. We considered this point when discussing the repeal of the Vagrancy Act with Ministers. We were not convinced that there are gaps in existing legislation that need new laws. The Anti-social Behaviour, Crime and Policing Act 2014 provided a range of powers to deal with nuisance of this kind. Other legislation, including the Modern Slavery Act 2015, addresses cases where criminal gangs are involved. Drawing upon the expert legal advice of the noble Lord, Lord Sandhurst, we concluded that it was entirely unnecessary to create new legislation to supplement all of the existing police powers. Indeed, only a very small minority of police forces currently make use of the Vagrancy Act, strongly suggesting that, since the others are operating without recourse to the penal measures in the old Act, a new Bill is quite unnecessary.

I recently asked the noble Lord, Lord Sharpe of Epsom, for news of positive action by the Government to end street homelessness, which they aspire to do by the end of 2024. It was good to hear the positive measures being taken to fund local initiatives and support multiagency working. There is much more to do, and I encourage the Government to step up the important positive work to ease the miseries of those sleeping rough on our streets. In the meantime, let us have all the evidence that government has collected on the Vagrancy Act, including its damaging impact. Let us move forward as quickly as possible towards the repeal of this dreadful relic of the Napoleonic Wars, before its 200th anniversary.

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[Baroness Scott of Bybrook (Con)]

My Lords, I am glad to address the important issue of no-fault evictions in response to Amendment 492 from the noble Baroness, Lady Taylor of Stevenage. The Government strongly feel that the threat of eviction means that renters cannot feel secure in their homes and that many do not have the confidence to challenge their landlords on poor standards.

For this reason, the Government have introduced the Renters (Reform) Bill, which will abolish Section 21 no-fault evictions. This was introduced in the other place on Wednesday 17 May. To answer the noble Lord, Lord Foster of Bath, that Bill has only just started and it has not begun substantive debate in the other place. Subject to that—and we anticipate that the Bill will proceed at the normal pace—it will be before your Lordships’ House in the next Session after the King’s Speech.

The Commons Levelling Up, Housing and Communities Select Committee recently published a report on the private rented sector. The Government are grateful for this and look forward to responding shortly. In the light of our upcoming response and legislation, we do not think that the review proposed in the amendment would add any further detail to the debate. I reassure noble Lords that the Government’s commitment to abolish no-fault evictions is unwavering and that there will be ample opportunity for scrutiny of this legislation.

In response to Amendment 504GJF, which the noble Baroness, Lady Taylor of Stevenage, spoke to, I assure her that the Government are clear that no one should be criminalised simply for having nowhere to live. We have committed to repealing the Vagrancy Act, which is outdated and not fit for purpose. However, we have been clear that we will repeal the Act once suitable replacement legislation has been brought forward. This is so we can ensure that the police, local authorities and other agencies have the tools they need to respond effectively to begging and rough sleeping, so that they can keep their communities safe, restore pride in place and direct vulnerable individuals to the support they need.

Last year, we consulted on options for replacement legislation. We have considered these responses alongside other feedback from stakeholders and continue to give these complex issues careful consideration. Provisions relating to the Vagrancy Act have therefore been removed from this Bill and replacement powers will be the matter of separate legislation.

In the meantime, the Government have made the unprecedented commitment to end rough sleeping within this Parliament. We remain steadfastly committed to that goal. In September, we published a bold, new rough sleeping strategy, backed by £2 billion, which sets out how we will end rough sleeping for good. The Government’s Anti-Social Behaviour Action Plan, published on 27 March, reconfirms this commitment. It also sets out our intention to bring forward new powers to tackle begging and rough sleeping, with the detail to be brought forward in future legislation, which will be subject to full parliamentary scrutiny.

I hope this provides reassurance for the noble Baroness, Lady Taylor of Stevenage, and that she will withdraw her amendment.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am not going to say that I am grateful for the reply on this occasion because it was really disappointing. We have here a mechanism that we can use to do two things that there is broad consensus about in your Lordships’ House, one of which has already been passed through legislation, which is to repeal the Vagrancy Act, and the other of which is subject to new government legislation but could be done much more quickly by using this Bill. On the Vagrancy Act, as the noble Lord, Lord Foster, and I mentioned, 1,000 people were arrested under it during the course of last year, and on no-fault evictions, families are living in misery now. Anyone who has been a councillor—I know the Minister has been—will have heard the terribly distressing stories from families when they get evicted and end up finding it very difficult to find somewhere else to live.

When we went through the Covid crisis, I was very pleased to see the Government taking immediate action with their “Everyone In” programme, getting people sleeping rough into accommodation as quickly as possible. We have the opportunity to build on that, but rough sleeping is already starting to go up again. Why not take the opportunity of this Bill to do something about it now? Can the Minister tell us how many people are sleeping rough tonight, or any night in the coming week? If you can do something about this, why would you not?

The noble Lord, Lord Best, rightly mentioned that a number of powers have been introduced in recent Acts, particularly the Anti-Social Behaviour, Crime and Policing Act 2014, that already allow the police to address anti-social begging, and there are powers for councils to set aside areas where they do not allow people to hang around. There are lots of powers already. We do not need any more powers; we need the Government to get on and scrap this 200 year-old Act that criminalises those who are sleeping rough. The postponement of this repeal for over a year is already far too long. I shall withdraw my amendment for today, but I am sure that we will come back to this on Report.

Amendment 492 withdrawn.