Renters’ Rights Bill

Debate between David Simmonds and Stella Creasy

Wednesday 9th October 2024 Commons Chamber

[David Simmonds]

The hon. Member raises a good point about rogue landlords. Let us reflect on some of the complaints that we have heard. Ant infestations, widespread evidence of mould causing health problems, the dilapidation of communal areas, a prohibition on tenants seeking to rent while on benefits and a failure to comply with licensing laws—just some of the complaints made by the tenants of the hon. Member for Ilford South (Jas Athwal), but they are widely represented across the market. They are the reason we need to get enforcement action against rogue landlords such as that Member right.

On enforcement, the Secretary of State said in opening the debate that she is keen to ensure that there is an effective fining regime so that those who breach the rules can be held to account. We in the Opposition have a genuine concern about getting that right. There are a number of different areas of local authority activity in which enforcement is essentially a net cost to the council tax payer, because even when costs are won and fines levied, they are nothing like the cost of carrying out investigations, building the evidence base and taking the required enforcement action. If we are to ensure that rogue landlords acting in breach of existing laws are held to account by local authorities using those powers, we need to ensure, during the passage of the Bill, that the resources that are expected to arrive through the method of enforcement and fining are sufficient to make the process self-sustaining, or that the Government have alternative measures in mind to ensure that local authorities can access those resources by other means.

That is a long-standing issue and has been a factor for Governments of all parties. It was certainly a challenge in my 24 years in local government, under Labour and Conservative Governments. We need to ensure, in the interests of our tenants, that we get this right as far as we can.

[Ms Creasy]

As the hon. Gentleman will know from his experience in local government, the challenge is that the existing legislation relies on our constituents having the confidence to come forward, whether they are facing mould or unfair practices, and the evidence shows that the threat of a no-fault eviction means that many do not come forward. Does he therefore recognise that simply opposing no-fault evictions and relying on the existing enforcement regime means consigning people in an unfair market to silence and suffering?

[David Simmonds]

As a constituency Member of Parliament and former councillor, I entirely recognise the hon. Lady’s point, but what the hon. Member for Rugby said was significant because we need to recognise that 76% of tenants in the private rented sector report a high level of satisfaction, a much higher level of satisfaction than is found in other forms of housing tenure. If we are to strike the appropriate balance in this debate in the Parliament of the nation, we have to recognise that the vast majority of landlords provide a good, important and high-quality service, and make sure that the legislation we take through to address the difficulty and challenge that our constituents—citizens—experience is proportionate.

Illegal Migration Bill

Debate between David Simmonds and Stella Creasy

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Stella Creasy]

I recognise the hon. Gentleman’s long expertise on this issue, but does he recognise the challenge of what we have seen over the past year in the treatment of unaccompanied and accompanied children? It is impossible for local authorities to undertake that safeguarding role and the duties under the Children Act without the direct involvement of the Home Office, which is discharging its duties by commissioning providers, for example, that do not then have clear safeguarding responsibilities. The decision to do that lies with the Home Office, which wrote contracts that did not include safeguarding provision for these children. Unless we are clear that everybody involved in the care of these children from start to finish has a responsibility for their welfare, including the Secretary of State, as new clause 18 does, that gap will remain. In that gap, we have seen some horrific examples of what happens to these children not just with their access to education, but with sexual assault and other serious offences.

[David Simmonds]

The hon. Member very clearly highlights the fact that this is sometimes to a degree a grey area. I completely understand the position of the Home Office in that, sometimes in the early days of an emergency situation when there is nowhere else for a child to go to have a roof over their head, the accommodation and support provided do not meet the standards that apply. However, ensuring, as our laws require, that we very swiftly move to a situation where they do seems to be a reasonable expectation, and certainly one that would be upheld by the courts.

That point draws attention to the situation of children in transit through the United Kingdom who come to be unaccompanied children because the adults with whom they are travelling are s arrested or found to have no direct responsibility for the child with whom they are travelling. As I know the right hon. Member for Hayes and Harlington (John McDonnell) will be aware, over the years at Heathrow airport, significant numbers of unaccompanied children have come into the care of a local authority not because they are seeking asylum, but, for example, because they are being trafficked into the sex trade on the continent from another country by way of the United Kingdom. Again, we need to ensure that appropriate care and support are provided for those children and young people, and that they are not simply placed into a process that is focused on immigration control when they being trafficked for nefarious purposes. All these issues are clearly fixable, and I am confident that the Government, once sighted on them, will be able to bring about their resolution.

I would like to finish with a note about the issue of “notwithstanding” clauses, which was much debated yesterday. One of the challenges I find is that in the case of a number of pieces of legislation, such as the Children Act and the Modern Slavery Act, it would be possible for the Government to say that, notwithstanding those provisions, they expect this Home Office process to be followed. Clearly, those are all matters within legislation of the United Kingdom passed by this sovereign Parliament, but it seems to me that there is a risk if we seek to introduce “notwithstanding” clauses to matters that are the subject of international law.

Any of us who has been the recipient of legal advice at any time in our working lives will be aware that, if we were to be offered a contract about which it was that said, “The other party has decided that, notwithstanding what it says in the contract, they don’t have to follow it if they choose not to, after the event”, we would not regard that as in any way sound. Therefore, it seems to me that there is a significant risk that, if we seek to apply “notwithstanding” clauses, we will get ourselves once again into a legal and reputational tangle. That would be more broadly addressed by looking at whether those international conventions are still fit for purpose.

Levelling-up and Regeneration Bill

Debate between David Simmonds and Stella Creasy

Report stage
Tuesday 13th December 2022 Commons Chamber

[Stella Creasy]

The “Levelling Up” White Paper set out a mission that by 2030 the number of primary school children who were achieving the expected standards in reading, writing and maths would be increased. That cannot be done without investing in early years. We already see the impact of the failure to do that, with children from disadvantaged backgrounds being 11 months behind their peers in terms of development by the time they get to primary school. Investing in early years is what bridges the gap.

We know that our early years sector is in crisis. Since 2019, 500 non-domestic early years childcare settings have closed, 300 in the last year alone. Some 65% of those closures took place this summer. In total, there are 5,500 fewer providers of early years services than there were just a few years ago, and 95% of those providers say that it is the current levels of funding and investment that are driving them out. Crucially, that is happening most in the areas that need that provision most: 15% of closures are happening in deprived areas.

I really hope that the Minister will listen to the case I make today, because it should be a no-brainer. It is not just about seeing children as part of our future and it being worth investing in them as infrastructure. Some 64,000 more women of working age are out of work today than were last year, and 35,000 of them say that caring commitments stop them going to work. I tabled amendment 2, because our economy cannot afford not to realise that childcare is infrastructure. We must realise that making sure people have the right roads and resources to get to work must include ensuring that their children can be cared for.

A report by the Centre for Progressive Policy shows that if women had access to adequate childcare they could increase their earnings from £7.6 billion to £10.9 billion. What would that mean for the Exchequer, which should be here supporting this amendment? The Women’s Budget Group estimates that 1.7 million women are prevented from taking on work for childcare reasons. That costs the economy £28 billion a year. Amendment 2 and unlocking resources for childcare would be a win-win for our economy and for our communities. It would be an investment that would save us money. It is also right that developers should play their part.

Comparing Ofsted and Office for National Statistics data shows that since 2014 the rate of population growth outstrips the growth of the childcare sector in 116 out of 149 local authorities, including 15 of the 20 areas with the highest population growth. The National Childbirth Trust now tells parents to put their not yet born children on the list for childcare providers, because there are not any and getting one is almost impossible.

I see the problem first hand in my local community. The brilliant Walthamstow Toy Library is about to be yet again kicked out of its building because developers want to turn it into flats. Those developers looked completely blank at the idea that they would invest in providing a space for that service because it has such an impact on our local community. That is happening across the country: vital resources that help parents get to work and to develop our children are not getting the funding that they need. The Minister could change that if she would just make it explicit that the provision is not about educational settings. The list that she has now covers nurseries that are attached to schools, but what we are talking about is any form of childcare and revolutionising the funding that is available.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

The hon. Lady has done an excellent job in highlighting this issue in the context of the debate, but I have some sympathy with the Government’s position on this. Does she recognise that the Department for Education guidance on this matter in November 2019—and it is a DFE matter, not a DLUHC matter—explicitly states that early years and childcare is something that local authorities can use in seeking a section 106 contribution from a developer? It is already in the regulations, which I was not aware of when I put my name to her amendment. Does she also acknowledge that, while we are all sympathetic to her point about maintaining affordable childcare, developer contributions are as a rule capital only for the provision of buildings and facilities, and may not be used for the ongoing support of day-to-day services?

[Stella Creasy]

The hon. Member heard the words of the Minister, who called childcare a non-infrastructure item. He will know of examples, as we all do, of councils building in payments for police community support officers or ongoing maintenance as part of a development. If he is right that developers could do this, why oppose writing it into the Bill to put it beyond doubt and make sure that developers and councils know they can do it?

Passing amendment 2 is about saying the words that my party’s Front-Bench spokesperson said and, frankly, the hon. Member’s did not: “Childcare is infrastructure. The mums listening right now who feel invisible do matter. The services that would help them get back to work do matter. Parents are as important to us as potholes.”