Abortion in Northern Ireland

Debate between Brandon Lewis and Stella Creasy

Thursday 25th March 2021 Commons Chamber

[Brandon Lewis]

My right hon. Friend highlights the point that the simple answer is too many. To be frank, any single case is one too many, particularly if we think about the circumstances through the pandemic, and I outlined a couple of harrowing examples a few moments ago. Having to travel across to mainland Great Britain without the network of family support that one would normally hope to have when going through this kind of procedure with medical support is just a harrowing thought, and some of the stories are just too emotive to do justice to or to outline here today. We have to ensure that that does not continue and that people can get the support they need close to home, locally in Northern Ireland.

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

I thank the Secretary of State for his efforts to uphold the human rights of all women in the United Kingdom. The Department of Health in Northern Ireland has said that, because this is a new service, it will need additional funding to provide it. Will the Secretary of State confirm that his officials have spoken to the Department of Health and that the funding will be provided, so cost will not be a barrier to ensuring that the women and girls of Northern Ireland can access abortion should they wish to do so?

[Brandon Lewis]

We are talking to the Department of Health all the time, and we will obviously continue to—I myself have spoken to the Minister of Health consistently. This is something that the Department has the funding for. There is a substantial block grant for the Executive to make their decisions, and we got that £900 million uplift in the spending review just last year. The Department of Finance outlined just a few weeks ago the underspend on last year, so there is no issue with money. At the moment, there is obviously a substantial cost for people who are having to travel from Northern Ireland to mainland Great Britain, in a way that is financially inappropriate, let alone unjustifiable morally and in healthcare terms.

So this is something that the Northern Ireland Executive can provide and that the Department of Health should be moving on with. We will continue to work with them to ensure that that is done, giving them whatever support we can, but, ultimately, I think we would all much rather see this being provided and worked through by the Department of Health locally in Northern Ireland than this Parliament having to take the action we are taking now.

Immigration Act 2016: Section 67

Debate between Brandon Lewis and Stella Creasy

Wednesday 19th July 2017 Commons Chamber

[Brandon Lewis]

My hon. Friend makes a good point. It is important that we continue to give a clear message about the atrocious and completely unacceptable behaviour of the disgraceful traffickers out there who continue to ply their despicable trade. The European Migrant Smuggling Centre was formed in February this year in response to the increase in the number of irregular migrants. We continue to work with our partners, along with Europol and our National Crime Agency, to focus on and drive out that form of trafficking, as well as the organised crime that thrives around it. There has to be a clear message at every stage. That despicable behaviour is not acceptable and it needs to end.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

As the Minister will know from the response of the High Court to the judicial review of the consultation on the places available for children in the UK, section 67 is explicitly about families in Europe. May I ask him about a specific case that I wrote to his office about more than a week ago, involving an incredibly vulnerable Syrian family in Lille who have been wrongly refused the right to come to the UK under the Dublin regulations? I have not yet had even an acknowledgment from his office of receipt of that correspondence. Will the Minister meet me to urgently review this case of a suicidal mother and her young children and discuss how we can improve how people claim asylum and come to the UK, so that it is not only the smugglers who meet them in Calais?

[Brandon Lewis]

As the hon. Lady will appreciate, I am not going to comment on a particular case today, but as soon as I leave the Dispatch Box I will chase up the case she mentions and why she has not had a response. I will make sure that she gets one as soon as possible.

Butterfields Estate

Debate between Brandon Lewis and Stella Creasy

Wednesday 20th April 2016 Commons Chamber

[The Minister for Housing and Planning (Brandon Lewis)]

I congratulate the hon. Member for Walthamstow (Stella Creasy) on securing this debate about the future of the Butterfields estate. I also take the opportunity to extend my sympathies to the residents affected, as I recognise the difficult position in which they have been placed, which they must feel is quite precarious. I shall deal with some of the key issues the hon. Lady has outlined, as well as some of the wider general issues.

I appreciate the hon. Lady’s comments about Walthamstow and know the area fairly well—as she might know, I went to school just down the road. It is a fabulous part of the country and a great part of London. She made some political comments, and I appreciate that we sit on opposite sides of the House. She talks about the opportunity to ensure that there are homes for people and that we have housing supply coming through, but I would make the point that we have a good track record, having doubled the number of first-time buyers since 2010 and having seen house building increase by 25% just last year. I gently remind her that next time she raises housing supply she might want to bear in mind that the previous Labour Government—in fact, the current shadow Housing Minister—left the country with the lowest level of house building since 1923. We have had quite a lot of work to do to get from that paltry 88,000 a year back to 181,000 over the past year. I am proud of that work.

To move on to this specific case, the decision by Glasspool to sell the estate is, as she will appreciate, a private matter relating to the charity’s management of its assets. However, as she outlined, Dolphin Living, which I know and which is an excellent organisation, wants to negotiate with the new landlords to keep the residents of the Butterfields estate in their new homes at the correct rent. I am happy to do what I can to support driving forward that negotiation to get the parties to the table. I cannot imagine that the residents could be in better hands than if they had Dolphin Living as an organisation to work with. The fact that Dolphin Living wants to be involved is good news and I encourage all parties to get involved. If I can play a part in helping with that, I will happily do so.

The Government recognise that people want the security of a home that is stable and sustainable. The residents in this case will feel that poignantly. Most people strive to have their own home and we are determined to do all we can to deliver for them, both in terms of supply and, as the hon. Lady outlined, by making sure that people are protected. I will come on to that in a moment.

It is right that the local authority should do all it can to support and encourage the parties to work together. Despite the hon. Lady’s comments, she may want to go back and talk to her council about whether it will consider spending some of the £90 million that it has in reserves to be supportive and helpful. I am sure the council will want to help the residents in that situation.

We have embarked on the largest Government house building programme for 40 years. Over the past few years we delivered almost a million new homes, and we will deliver a million more by the end of this spending review, helping hundreds of thousands of people take the first step on the ladder to home ownership. We are also committed to building a bigger, better private rented sector, providing security and stability for both tenants and landlords. Increasing supply is the best way of improving quality, choice and, more importantly, affordability for tenants, but that will not be achieved without a significant boost to the investment coming into that sector. That is why we have put Government support behind it through our £1 billion Build to Rent fund, making sure that we are using our economic record to offer up to £10 billion of innovative housing guarantees. The affordable housing guarantee scheme has already provided more than £2 billion of investment.

On the existing legislation and how it is moving forward, the hon. Lady touched on the Housing and Planning Bill. Before shorthold tenancies were introduced by the Housing Act 1988, the private rental market was in decline. Regulated rents and lifetime tenancies meant that being a landlord was simply not commercially viable for many property owners. Since the changes in 1988, that sector has grown steadily, responded to the flexibility and created changes in the wider housing market. Private sector landlords play an important role in meeting the housing needs of many households. Of those who choose to live or have to live in the private rented sector, the vast majority will have an assured shorthold tenancy, which gives them certain rights under that Act. These include the right to live in the property as their home, and tenants can enforce their rights, for example, to get repairs done.

The legislation enables a landlord to regain possession of their property at any time after a fixed term comes to an end or at any time during a contractual or statutory periodic tenancy, provided it is at least six months since the start of the original tenancy. The landlord must give the tenant at least two months’ notice that they require possession. Without the certainty that landlords can do that when required, landlords and lenders would be reluctant to allow those properties to be let. We believe that more restrictive and excessive legislation, such as forcing longer tenancies or notice periods, would mean that fewer homes were available in the market to rent. That would not help landlords or tenants.

I agree with the hon. Lady’s comments about charities in the sector being very aware of their charitable purpose and their duty to their clients and beneficiaries.

[Stella Creasy]

I am pleased to hear the Minister say that he will help with the negotiation with Dolphin. That will take time. May I press him on no-fault evictions? One of the things that residents present here tonight are afraid of are letters telling them that they could generate thousands of pounds in court fees. I am sure that many of them would love to be able to save for their new home, but sadly they will not be able to get on the housing ladder, given the prices in Walthamstow. The thought that they might incur several hundred or even several thousand pounds of fees is a stick that the landlord is using to beat them with. Just as we dealt with revenge evictions, I encourage the Minister to think about no-fault evictions. These tenants are paying their rent and they are not at fault, but their rights are being undermined. Is there a way of dealing with that?

[Brandon Lewis]

I will come to some of the provisions of the Housing and Planning Bill. I hope the hon. Lady will consider, possibly for the first time, supporting the Government’s work to provide more homes at an affordable rate for people in Walthamstow by delivering starter homes—homes for first-time buyers at a discount on the market price, which make house buying affordable again. Our increase in shared ownership also aims to do that. I hope she will get behind the Bill when it returns to the House in the next few weeks, before it gets Royal Assent, as we hope it will.

I will come to the wider issue of legislation in a second, but increasing the supply of private rented homes is only part of the picture, as the hon. Lady rightly says. The private rented sector is currently dominated by small landlords, with larger landlords owning 10 or more properties accounting for only 1% of the market. Many landlords provide a very good service, and by far the majority of tenants are happy with it, but I share the hon. Lady’s view that we want standards to rise across the board so that we drive out every last bad and rogue landlord, regardless of their position.

The Government therefore published the “How to rent” guide so that tenants know what they should expect from their landlords. The guide improves transparency, making more information available, and helping tenants to make informed decisions and to know their rights. That in itself can prevent more poor and substandard accommodation from being rented. Empowering tenants is key to our approach.

We have introduced legislation requiring all letting and management agents in England to belong to one of the three Government-approved redress schemes. We have also required them to publicise prominently in their offices and on their websites whether they are a member, for example, of a client money protection scheme and which redress scheme they are a member of, giving landlords and tenants a clear route to pursue complaints against agents and helping to drive up standards.

Just today, we have introduced an enabling power into the Housing and Planning Bill to make regulations to require letting agents and property management agents to belong to a client money protection scheme. That will protect the money of landlords and tenants if an agent goes into administration or from theft while the money is in the agent’s control.

We are determined to do all we can to protect people who rent privately against a tiny minority of rogue and criminal landlords who exploit their tenants by renting out unsafe or substandard accommodation, or who act unfairly. We have also made millions of pounds available to local authorities to identify and successfully prosecute rogue landlords.

We have introduced legislation to protect tenants against retaliatory eviction where they have legitimate complaints about the standard of their accommodation. We have placed restrictions on repossessions where a landlord has failed to comply with legal responsibilities on, for example, gas safety and the provision of information to tenants.

We are going further by introducing measures in the Housing and Planning Bill to tackle rogue landlords and property agents. That includes establishing a database of landlords and property agents who have been convicted of serious offences; introducing banning orders for the most prolific and serious offenders; issuing civil penalty notices of up to £30,000 for some breaches of housing legislation, and ring-fencing those resources for housing-compliance activity; extending rent repayment orders to cover situations where a tenant has been illegally evicted, or where the landlord has failed to rectify a serious health and safety hazard in the property or breached a banning order; and applying a more stringent “fit and proper person” test for landlords letting out licensed properties, such as houses in multiple occupation, to help ensure that those landlords have the appropriate skills to manage such properties and that they do not pose a risk to the health and safety of their tenants.

As with the penalties introduced through the Immigration Bill, those measures are meant to make sure that we target criminal landlords who ignore their existing legal obligations. The penalties will not have an impact on the vast majority of good landlords who comply with the law and who rent out good-quality and well-managed accommodation.

However, we need to do all we can, and the Government are going further than any Government before us to crack down on rogue and bad landlords. I am happy to continue to make the case to the hon. Lady that landlords who behave in a manner that is not fair or appropriate, and who do not provide the right services and accommodation to their tenants, should be driven out of the market.

[Stella Creasy]

I do appreciate what the Minister says about wanting to tackle rogue landlords. May I press him, then, to use his good offices to engage with NatWest because of the concerns about this landlord, its previous business history and its behaviour towards residents of the Butterfields estate? In particular, its use of the idea that residents will somehow incur thousands of pounds in fines is evidence that those involved are not fit and proper people. If they will not engage with Dolphin, at least their bank might. May I therefore press the Minister to say whether he will engage with NatWest—yes or no?

[Brandon Lewis]

The hon. Lady has great experience of dealing in this House with issues relating to the financial markets. She will appreciate that there is a difference in legal terms between the landlord and property owner on the one hand and the bank that has a financial agreement with the landlord and property owner on the other. The hon. Lady has outlined the situation, but the reality is that NatWest will not have any legal ability, as it is not the property owner.

I am very happy, through my office, to contact NatWest to see whether we can get it to involve itself in making a point of looking at the situation with the landlord. We have to be very clear, however, that there is a difference between a bank’s financial agreement with the landlord, which is purely a financial agreement about lending money, and the landlord or property owner’s duty to their tenants. I hope that, ultimately, the charity will talk to Dolphin Living, to get the right result for the tenants.

Question put and agreed to.

Leaseholders’ Rights (Insurance)

Debate between Brandon Lewis and Stella Creasy

Wednesday 22nd October 2014 Westminster Hall

[Stella Creasy]

One of the issues with the freehold management company that I have been discussing is that it has said it may give information to individual leaseholders but that, as the policy in this instance is a collective policy, it will not release information about it. That means that my constituents cannot assess whether or not they are being fairly charged across the piece. After all, terrorism is something that is likely to affect not just one property—if such a God-awful incident were to happen. Can the Minister therefore clarify whether the Government’s view is that companies such as this one, and insurance companies such as Zurich, should provide access to the whole detail of the policy, including the collective provision, and not just to detail about an individual property?

[Brandon Lewis]

I will have to look at this issue in more detail. However, if an individual wants to receive information about the detail of a policy and the costs attributed to them, there needs to be transparency from the company about how it apportions those costs. I would imagine that that is something the CMA will look at, but I am happy to have a look at it myself and I will come back to the hon. Lady about it.

The Government are generally aware of a number of concerns in the leaseholder sector and we welcome suggestions about how residential leaseholder protections can be improved. However, at this stage we are not persuaded of the need for wholesale reform, although that does not mean—particularly with the input later this year of the CMA itself—that we should not examine some individual issues, depending on what comes out in the CMA report.

That ability for a leaseholder is in addition to their ability to request a summary of service charges in general, which would include the costs of insurance, as the hon. Lady rightly says. Leaseholders have the right to ask to inspect invoices, receipts and any other supporting documents that relate to those costs, which comes back to the point about the overall policy position.

If a landlord, or a managing agent acting on their behalf, fails to comply with a request for information without providing reasonable justification, they are committing a summary offence that, on conviction, is subject to a fine of up to £2,500. Landlords and agents have to show the policy documents to leaseholders; not doing so, and withholding information about service charges, comes within sections 20 to 22 of the Landlord and Tenant Act 1985.

In addition, legislation requires that service charges, including the cost of insurance, must be reasonably incurred. As my hon. Friend the Member for North Swindon and the hon. Lady will be aware—indeed, she referred to it herself—leaseholders can apply to the property chamber of the first-tier tribunal for a determination about the reasonableness of the costs of insurance they contribute towards, as well as the reasonableness of other service charge payments. The grounds for making such a case could include, for example, that the type or level of insurance is not appropriate, in addition to the reasonableness of the premium.

Of course, it is in everybody’s interests to try and resolve concerns or disputes, either through discussion or alternative dispute resolution where possible, before resorting to the tribunal system. I am pleased to say that the situation for leaseholders has improved since the hon. Lady first raised this issue. There is now a requirement for letting and managing agents to belong to one of the three redress schemes that have been approved by the Government. That measure came into force on 1 October and it will enable leaseholders to follow up complaints. It will also be an effective way of driving up standards, while creating the lightest regulatory burden possible.

The existing protections for service charges are also supported by what are now two codes of practice that have been approved by the Secretary of State for Communities and Local Government, and published by the Royal Institution of Chartered Surveyors and the Association of Retirement Housing Managers. These codes of practice are also in the process of being reviewed, to ensure that they are sufficiently robust and reflect good practice.

Although I have highlighted the fact that a number of statutory rights are already available to leaseholders to give them access to information about payments required by the freeholder and that mechanisms are in place to ensure that charges are reasonable, we always welcome any contributions about how we can further improve the situation for leaseholders.

We are aware that concern has been raised by some leaseholders about the appropriateness of certain elements of the insurance that they pay towards through a service charge. If leaseholders believe that the cost of such insurance or the type of cover provided is unreasonable, and can otherwise resolve the matter with their landlord, then—as the hon. Lady said—they have the right to apply for determination through the property chamber of the first-tier tribunal.

As for the collective policy being released, details have to be released that relate to a tenant’s dwelling. As I said earlier, if a tenant wants to have details about a policy that affects them, that means they must have some understanding of how things are broken down from the bigger picture.

It is, of course, important that leaseholders make the best use of a wide range of existing rights. We are making efforts to raise awareness. For example, we continue to fund the Leasehold Advisory Service, which provides free initial legal advice to leaseholders and others in the residential leasehold sector, and we will certainly ensure that it is also aware of the situation.

[Stella Creasy]

I pay tribute to the work of the Warner Action Group in Walthamstow, which has been trying to bring residents together. From what the Minister has said, it appears they have a course of redress through the leasehold valuation tribunal; but as I have said, because they cannot get the information, asking them to pay potentially thousands of pounds for legal representation is a high bar to pass. The Minister mentioned a summary offence. Who would the Warner Action Group report freehold managers to for investigation of that offence if they continue to refuse to release this information?

[Brandon Lewis]

As I said, the Leasehold Advisory Service can also give that free initial legal advice, but I am very happy to come back to the hon. Lady and give her some further details about the specific issue she raises. As for the collective policy understanding, again, as there is a requirement for an individual to be able to understand what their policy charges are, they can only do that if they are part of a collective, by seeing that collective agreement. My view is that there should be a release of the details relating to the tenant’s dwelling, and if they are part of a collective, to understand that within a block, they need to understand what the block is. I would like to think we can help to facilitate that understanding for the leaseholders.

In conclusion, it is commendable that the hon. Lady has made such great efforts to raise awareness of this issue. As so often with these issues, quite a lot of the battle is about ensuring that the awareness is there: that people understand that there is a way to get redress and a way for them to take cases forward—as I say, there are statutory requirements in place. I am happy to raise those issues and take up anything further after this debate.

[Stella Creasy]

I thank the Minister for his generous response; I think that my constituents will be grateful for his help, as I am.

Can I just get him to clarify whether the Government have taken a view about whether residential properties should be insured for terrorism, and on what grounds, and whether there might be, for example, a paper on that in terms of the risk to residential property? After all, there are other residents in Walthamstow and, if Walthamstow has been designated as a place of likely terroristic opportunities, I think people would want to know. There is also the point I made about the central principle: that even if a third party has commissioned a product or service on someone’s behalf, they have the right in law to access the full information on that service or product. From what the Minister said, it is a summary offence under leasehold legislation not to provide that information. Will he clarify whether the Government believe that that is a central principle, so that they would in theory support making that explicit in the legislation? That would be a helpful guide for us on a number of issues to do with charges.

[Brandon Lewis]

I had finished, but I am happy to respond. There is a requirement for the information to be published, so if a tenant is paying a charge, whether for insurance or part of a service charge, they have the right to understand what that is made up of and, as I said, to see the documentation behind that. It does not seem to me that there should be a difference depending on where that information comes from or whether it is allocated by a third party; the landlord still has to present and publish it. That seems clear to me, but I am happy to look further at that and come back to the hon. Lady.

I do not think that I or the Government can directly comment on what is part of insurance, in the sense that it is for insurance companies, landlords and property owners to take a view on what the risk issues are for any property that they are insuring, whether in respect of flood protection, terrorism protection or any other type of risk protection. It is for them to make an assessment, take a market view and make a decision about what is right for them. That will be led by risk assessments, which will be made by underwriters and insurance companies giving advice and quotes.

[Stella Creasy]

If I can just clarify, there was a ruling on 11 June by the leasehold valuation tribunal that it was relevant—

--- Later in debate ---

[Brandon Lewis]

I had concluded them the first time, Mr Williams.

[Stella Creasy]

Thank you, I—

Oral Answers to Questions

Debate between Brandon Lewis and Stella Creasy

Monday 17th September 2012 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

4. What assessment he has made of the effect on people in employment of plans by local councils to implement the localisation of council tax support.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Brandon Lewis)]

An impact assessment is on my Department’s website. These welfare reforms will create stronger incentives for councils to get people back into work and to play a part in clearing the budget deficit.

[Stella Creasy]

Will the Government give an assessment of how many more working people they expect to borrow from legal loan sharks as a result of these changes?

[Brandon Lewis]

None; every local authority is responsible for delivering growth in its area. With this plan, we have given local authorities the tools and the power to be part of driving economic growth, getting more people into work and ensuring that work pays.