Levelling-up and Regeneration Bill

Earl of Caithness Excerpts

Committee stage
Monday 22nd May 2023 Lords Chamber

The Government have made out no case for Clause 213. It is unnecessary and an unjustified interference in an independent, professional standards-setting body. In a way, just the threat of a review could exercise a chill factor over a chartered institute which works in the public interest. The clause will do nothing to promote the aim of levelling up and it is a wasted opportunity, when the mischief of residential agency could have been regulated along the lines set out by the noble Lord, Lord Best. It is an unnecessary clause and, potentially, a harmful disruptor. It has no place in the Bill and this clause should not stand part.

[The Earl of Caithness (Con)]

My Lords, I support the noble Baroness, Lady Hayter, in what she has said. I have put my name to the opposition to this clause standing part. I declare an interest, such as it is, in that I was a chartered surveyor. It took me six years to qualify as one, and I gave up being a chartered surveyor when I was asked to join the Government in 1984. I subsequently gave up my membership of the RICS, because I was not doing that work any more.

I totally agree with what the noble Baroness said about the institute’s independence and reputation, which are hugely important. I found that from personal experience, because I was asked to appear as a specialist witness in a court case. It was my evidence as a professional surveyor that turned the case. Surveyors need to have their independence and a strong reputation to perform their job in the best possible way.

I take a slightly different tack from what the noble Baroness has said. Perhaps I should put it on record that I have not been in contact with the RICS about this. What I say now are entirely my own views; I have not even talked to it, because I thought it was better that I did not.

Ministers have three powers. The first is a statutory power under an Act of Parliament; the second is the law of prerogative, such as Neville Chamberlain used to declare war in 1939; and the third power under which Ministers act is a common-law power, which is applicable not just to Ministers but to every single one of us, and it does not require legislation. Perhaps I could give as an example the ability to buy or sell a building of one’s own without legislation; that is a common-law power.

Clause 213(1) is a classic common-law power. Anybody can set up an inquiry into the RICS—I could, if I had the money, or the noble Baroness, Lady Hayter, could. My noble friend the Minister could set up an inquiry into it. While the RICS does not have to co-operate with us—it can if it wants to—we already have that power. It does not need to go into legislation. Clause 213(3) can be done by contractual obligation, while if we did not have subsection (4) it could be judicially reviewed. The point is that an Act of Parliament is to change the law, but this clause does not change any law. It does not give the Minister any new powers or require the RICS to take any action whatever. It is an otiose piece of legislation.

Time and time again, we have been told that any amendment which we put forward has not been necessary because it is covered by existing legislation. Indeed, my noble friend Lord Howe used precisely that argument against my noble friend Lord Holmes of Richmond on one of his amendments with regard to pavements, which we discussed a few minutes ago: it was covered by existing legislation—the 2020 Act, if I remember rightly—which meant that there did not need to be any further legislation.

As the noble Baroness said, the general council of the RICS commissioned the noble Lord, Lord Bichard, to do a review by its own will. He undertook that review within a very short time, and it reported in June 2022. By the end of November 2022, eight out of 36 amendments had already been implemented and the rest were on their way to being so. If the Government acted with a quarter of the speed with which the RICS acted, that would be a revelation and a bonus for this country.

This clause is a dreadful piece of legislation. It has nothing to do with levelling up or regeneration. It is worthy of the Governments of Moscow and Beijing; it is not worthy of a Conservative Government in 2023.

--- Later in debate ---

I would ask the noble Baronesses, Lady Hayter and Lady Hayman, the noble Earl, Lord Lytton, and my noble friend Lord Caithness to reconsider their opposition to this clause.

[The Earl of Caithness (Con)]

My Lords, I regret that my noble friend has done absolutely nothing to reassure me. He said that the reason for the clause was to set out the conditions and parameters of any review. That can be done under common law now; we do not need a piece of legislation. This clause does not alter common law or the powers of the Secretary of State in any way. Can my noble friend tell me in what way it does alter the powers?

[Earl Howe (Con)]

As I mentioned, the way the clause is phrased should give reassurance to those who feel that there might be a danger of the Government interfering with the operation of RICS. The clause does not permit that.

[The Earl of Caithness (Con)]

My Lords, that does not answer my question. Could my noble friend answer my question?

[Earl Howe (Con)]

I believe I have done so. The clause is justified for all the reasons I have mentioned.