English Devolution

Emma Lewell-Buck Excerpts

Monday 16th December 2024 Commons Chamber

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Decisions taken in this place are subject to rigorous scrutiny and accountability, but recent history in several areas shows that that is not always the case with local decision making—not all councillors and mayors are paragons of virtue. As we dissolve more powers, can my hon. Friend explain what levels of scrutiny and accountability will be built into his plans?

[Jim McMahon]

It is a very important point, and we were mindful of that concern because devolution in England has been developed by deal, rather than with a clear framework from the outset, so there are natural gaps. I do not decry, by the way, the progress made previously in filling in the map of the midlands and the north of England, but we need to reconcile that now.

If we give more powers and resources downwards, we need to ensure that the checks and balances are robust. There is a lot that we need to do. There are recommendations in the White Paper on the principles of a local public accounts committee, for example, so that public spending can be brought into scope. We are also looking at oversight for the bodies that strategic authorities establish, such as trading companies or joint ventures, to see whether they should be in scope of best value. We are also looking at checks and balances for the officer structure and whether to bring in an accountable officer structure, as in a local authority, to ensure a clear difference between the political and operational leaderships and the powers that each has.

Miners and Mining Communities

Emma Lewell-Buck Excerpts

Thursday 9th May 2024 Commons Chamber

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I thank my hon. Friend the Member for Easington (Grahame Morris) and the hon. Member for Leigh (James Grundy), who is no longer in his place, for securing today’s debate. It is always a real pleasure to follow our miner, my hon. Friend the Member for Wansbeck (Ian Lavery).

Coalmining was a mainstay of the economy for almost a century. In South Shields, we had St Hilda’s, Whitburn, Harton and Westoe collieries. It is therefore no surprise that people in my constituency would be hard-pressed not to know or be related to a miner. Generations of families worked down our pits. Our former pitmen will testify that it was not a glamorous job; it was dirty, hard and dangerous graft, but those negatives were well worth it for the steady income, the camaraderie, the friendship and the community that they built around our pits. That way of life and the social bonds are the thing that all former pitmen and their families say they miss the most.

Thatcherism has many ugly legacies, but the miners’ strike of 1984 to 1985 was one of the most visceral, personal and defining moments of the 20th century. It was the moment of the strongest resistance against her industrial vandalism and the hollowing out of our mining communities. Not content with closing our docks and shipyards, the pits suddenly became uneconomical, she said. Those who tried to resist this blatant destruction of our communities were arrested and convicted. This weaponisation of the state against ordinary men and women fighting for their livelihoods during the strikes draws worrying parallels with today’s anti-strike legislation. It is why we need a public inquiry into Orgreave, and it is why this Government should introduce similar legislation to that introduced in the Scottish Parliament pardoning those convicted of matters relating to the strike. All they were trying to do was save their jobs.

I know all too well what unemployment—or the constant threat of it—can do both mentally and physically: it is utterly soul-destroying. There is one heartbreaking story that all of us in South Shields are sadly familiar with: that of a lovely family man and colliery engineer made redundant who, after dropping his children off at school, put a chain across the front door, wrote a goodbye letter to his family, climbed up the stairs, went into his bathroom, poured petrol over his clothes and, with a match, set himself alight. In 1993, his pit—Westoe pit—closed, signalling the end of not just coalmining in South Tyneside but a tradition and a way of life.

Our memories of the solidarity of the trade union movement and the rejection of the trickle-down economics that have proven such a driver of inequalities in our region have endured, because the challenges facing former coalfield communities are not consigned to the history books; they have deepened alongside regional inequalities. The economic gap between coalfield areas and the rest of the UK has been widening considerably over the last decade. Average earnings for workers in former coalfield areas are 7% below the national average. That is the legacy of de-industrialisation.

South Shields, as a post-industrial and coastal constituency, has faced and continues to face several challenges. Those are challenges that we have proven time and again that we will always overcome. In South Shields, we do not wait for Government help that never comes—we get on with stuff. Our port of Tyne is now the base of the biggest offshore wind farm in the world. We are home to hundreds of small businesses, and we have been instrumental in the fight against poverty, paving the way for holiday clubs and setting up a mobile community supermarket.

The Government’s levelling-up rhetoric rings hollow in my constituency, which has been rejected for towns fund and freeport bids and two rounds of levelling-up funding. The level of child poverty in South Shields remains stubbornly high at 40% and unemployment across South Tyneside is 6.7%, which is higher than the north-east average, yet in the Chancellor’s recent Budget he allocated London’s Canary Wharf double the amount of funding that our entire region will get.

The privatisation of once-nationalised industries that followed our pit closures has done nothing but deepen inequality, delivering profits for shareholders and decimating services that we all rely on. That is happening at the same time that the Government are pocketing the miners’ pension surplus. More than £4 billion has been given to the Government, with £420 million of that in the last three years alone. The Government keep saying that we need to strike a fair balance, but there is nothing fair about it when miners and their widows are left destitute on as little as £18 a week. We should not be surprised, because as the WASPI women know all too well, this Government have form when it comes to pension grabbing. Our miners were prosecuted and made redundant, and saw the heart ripped out of their communities, and now they are being robbed of their pensions, their retirement and the dignity that they all deserve.

We know all too well in South Shields that if you close a pit, you kill a community. Our proud mining heritage will always remain because of people like Gary Wilkinson, a local film maker, Bob Olley, our local artist, and Alan Mardghum and Stephen Guy from the Durham Miners’ Association, and places like South Shields Museum. Thanks to them, the generations who follow will know that underneath the South Shields streets, housing estates and fields they walk on, there were once thousands of pitmen gathering coal to power our country. We are proud of the past that we have inherited in South Shields, and it is one that we will continue to use to build our future—one that we will build with the next Labour Government.

Levelling Up

Emma Lewell-Buck Excerpts

Monday 20th November 2023 Commons Chamber

[Jacob Young]

I am very grateful to my hon. Friend. I have had many conversations with her council leader about devolution in Greater Lincolnshire. I look forward to visiting Scunthorpe very soon, hopefully with further good news on that front. I would be delighted to be shown around by my hon. Friend.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Here’s a first: I would like to thank the Minister. At last, after over two years of waiting and at significant cost to our council, the Government have eventually granted South Shields a piecemeal sum of money. He also knows that, thanks to Tory economic failure, the cost of delivering our bid is now much higher. I have just heard his response to my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), but can he confirm whether it means that in South Shields we are getting more or less money now?

[Jacob Young]

I am delighted to be able to give the hon. Lady the good news for South Shields today, building on the future high streets fund, which I know she is aware of, in her constituency. The money we announced today for South Shields—£20 million—will be given to South Shields to spend on the bids it outlined. There will not be additional funding coming in on top of that, but the project adjustment request allows the council in her constituency to move money around within the bid to account for inflation and other things. I am delighted that we are able to be levelling up in South Shields, with £20 million today on top of the future high streets fund that we have already given to her constituency.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 16th October 2023 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

2. What assessment he has made of the effectiveness of the Government’s levelling-up policies in reducing regional inequalities.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

17. What recent discussions he has had with Cabinet colleagues on supporting coastal communities.

[Mr Speaker]

I welcome the Minister to the Dispatch Box.

--- Later in debate ---

[Jacob Young]

The hon. Gentleman will know of the £20 billion reserved for transport investment in the north, and I am sure that some of that can be dedicated towards electric vehicles.

[Mrs Lewell-Buck]

A conservative think-tank recently reported that coastal communities such as mine have lower life expectancy, inadequate transport links and people who are comparatively poorer. After repeated rejections for towns and levelling-up moneys, are my constituents not right to blame the Government of the last 13 years for this deliberate levelling down?

[Jacob Young]

The hon. Lady, like me, represents a north-east coastal community, and she will be aware of our devolution agreement with the North East Combined Authority, which hopes to address some of the challenges in her area.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 20th February 2023 Commons Chamber

[Mr Speaker]

Let us hear from another: I call Emma Lewell-Buck.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

T5. Thank you very much, Mr Speaker.Not only have the Government legislated to allow sewage on to our beaches and into our sea, but they are now limiting funds for local authorities to stop historic coastal landfill sites polluting our coast. One of those sites is in gorgeous South Shields. When can we expect the Government to do something about it?

[Michael Gove]

Actually, the way that this Government have handled Ofwat has ensured that we have done more to improve water quality—[Interruption.] If the hon. Lady were to ask the chief executive of any water company about the toughest Environment Secretary that they have had to deal with, they would know. But anyway, on the key question of South Shields, I agree that it is beautiful, and I will have the chance to visit soon. The additional money that we are making available for the devolution deal for the north-east should help, but I would be delighted to visit and find out more.

Levelling-up Fund Round 2

Emma Lewell-Buck Excerpts

Thursday 19th January 2023 Commons Chamber

[Lucy Frazer]

I thank my hon. Friend for those points. Feedback will be given and I am sure that officials will work in the manner that he suggests. I would like to point out that Dudley got £25 million from the towns fund, which I hope he welcomed, but of course we can do more.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

In her letter rejecting our bid, the Under-Secretary of State, the hon. Member for Bishop Auckland (Dehenna Davison), said that she knew how much time and effort were spent on our ambitions for South Shields town centre. With respect, she doesn’t. It is an absolute insult. Our freeport bid was rejected, our towns fund bid was rejected and now two levelling-up fund bids have been rejected, all in favour of wealthier areas. When will this Government stop using public funds for their own political advantage?

[Lucy Frazer]

I am sorry that the hon. Member has been unsuccessful. As I mentioned, there is a third round. I look forward to announcing any results of that in due course.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 9th January 2023 Commons Chamber

[Dehenna Davison]

My hon. Friend is another fantastic champion, not just for his constituency but for the whole of the south-west. We will announce the outcome of the bids in due course, but his question has been heard loud and clear.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

T8.   Answers to parliamentary questions have revealed that the Government’s spending guidelines relating to local authority delivery of the holiday activities and food programme have seen, in just one year, more than £37 million wasted on the likes of publicity and marketing, as opposed to being spent on food for hungry children. Why is that?

[Lee Rowley]

As the hon. Lady knows, local authorities need to make a set of decisions whenever any money, such as grants, is made available. If she wants to provide any further information, the Department will be happy to respond to her.

Levelling-up and Regeneration Bill

Emma Lewell-Buck Excerpts

Report stage
Tuesday 13th December 2022 Commons Chamber

[Sir John Hayes]

Alongside purpose, a sense of pride nourishes personal and communal togetherness; it builds social solidarity. Where we begin, live life and end it roots our days and shapes our dreams. Homes matter because having a place of one’s own to build a family’s future makes those dreams come true. Those who advocate housing targets clinically miss the point. Making homes of which people can feel proud is what public policy must make possible.

The Government’s decision to drop mandatory housing targets, under which local communities have been obliged to endure seemingly endless and unsustainable development, is therefore wise and welcome, if overdue. I have been pleased to play my part, alongside other sensible colleagues, in encouraging that sharp turn in thinking. I am delighted that local communities and the councils they elect will no longer have housing imposed upon them. They will be in sole charge of what is built and where. Never again will the imposition of top-down targets be a justification for developments that are out of scale or character with the prevailing built environment or the local landscape. We have bolted on to villages and towns throughout this kingdom unsuitable and unsustainable housing estates of catalogue-build, identikit houses that bear no relation to the local vernacular and are, frankly, a very poor legacy to pass on to generations to come.

All that we build should make us proud. Our inheritance is what our forefathers built for us, and our responsibility is just as great as theirs. Development should, wherever possible, be regenerative, and it should be incremental. Every hamlet could take a few extra houses; every village could take more; towns many more than that; and cities, of course, many thousands. When we understand that development can be incremental, people will cease to object to it in the way they do currently.

There are those who dismiss beauty—they are crass to do so, because people deserve the chance to live in lovely places, including less well-off people. Unfortunately, that is too often not the case. I welcome the Government’s decision to put beauty at the heart of the housing agenda by raising design standards and making sure that developers and local planners adhere to those standards. It is also important that communities have their say. When they are faced with a choice between the ubiquitous kind of bland, identikit housing that peppers too much of our country or well-designed homes, they will usually choose the latter.

There is, however, concern about the industrialisation of the countryside resulting from the Government’s relaxation of the moratorium on onshore wind. It is critical that topography, visual impact, the connection to sites of special historical interest, areas of outstanding natural beauty and sites of special scientific interest, and the connection of turbines to the grid, are all taken into account. Not only is this a dangerous energy policy—I do not have time to explore that—but it also risks spoiling much of the English landscape and ruining vistas that are cherished by local people. If we really believe in local consent for housing, we must follow through and believe in local consent for that kind of infrastructure development, too.

As I have said, all that we build should add to what is there. We will be judged as a Parliament, and indeed as a generation, by what we pass on to generations to come.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I will speak briefly to amendment 73 and new clause 83, which stand in my name.

As we all know, planning can be one of the most contentious issues in any community. Whether or not local communities are happy, there is nothing worse when permission has been granted than developers doing nothing at all with the site, only half completing it, or leaving it derelict for a number of years. The Government’s proposal in the Bill for completion notices is welcome, but it is still weighted in favour of faceless developers, not local communities, and gives developers too long to act. My amendment would ensure that planning permission can be withdrawn and building works removed, with the site being restored to its previous condition in a timely manner, shifting legislation in favour of local communities.

Despite levelling up being one of the Government’s flagship policies, they continue to struggle to define it and, consequently, how its success can be measured. The technical annex to the White Paper, which addresses how levelling up will be measured, says:

“Further work will be undertaken…to…refine these metrics.”

New clause 83 would help to do just that.

Levelling-up and Regeneration Bill

Emma Lewell-Buck Excerpts

Report stage
Wednesday 23rd November 2022 Commons Chamber

[Dame Caroline Dinenage (Gosport) (Con)]

I rise to speak to new clause 7, which is tabled in my name. I thank Members from across the House for supporting it and the Minister for the listening to my pleas. In short, new clause 7 intends to prevent the imposition of council tax on individual tenants of a room in a house with shared facilities, or in a licensed house of multiple occupancy.

This issue came to light in my Gosport constituency where the high street, like so many others up and down the country, is in decline. A local businessman, Daryn Brewer, identified an opportunity to breathe new life into our high streets and at the same time create affordable accommodation for young professionals. He is doing that by buying up empty disused shops, redeveloping them and bringing local independent traders into the shop space while converting the spaces above into high quality shared living accommodation. The residents have high-spec individual ensuite bedrooms, but shared kitchen, laundry and workspaces. They are effectively professional houses of multiple occupation and are known as Pro Pods. This is levelling up in its most pure form: reimagining our high streets as places where we do not just shop, but live, work, socialise and spend our time. At a stroke, it makes low-cost, high quality affordable living accommodation and takes some of the strain off the housing market.

Generally speaking, HMOs are in band C or D for council tax and are therefore classed as one dwelling, meaning the landlord is legally responsible for paying the council tax for that single dwelling. However, over recent years there has been a growing trend for the Valuation Office Agency to start to re-band those bedrooms as individual dwellings in and of themselves, meaning residents across Gosport, Portsmouth and, increasingly, across the whole country, are being hit with unexpected and completely unaffordable council tax bills. The VOA has stated that it is not taking a new approach to HMOs or systematically revaluing HMOs. However, this is a growing issue, one that my right hon. Friend the Member for Portsmouth North (Penny Mordaunt) and I have brought to the attention of successive Ministers over the last couple of years, and one that colleagues across the House are increasingly seeing among their local landlords and developers. That is evidenced by the number of Members backing new clause 7.

There are several reasons why this issue poses a problem. First and foremost, it is placing a huge financial strain on people, often young professionals at the very start of their careers, who are suddenly landed with a council tax bill of up to £1,000, even after they have been allocated the single person discount. In some cases, it has even been backdated three years, so there could be a bill of up to £3,000. We can imagine how this is causing untold distress and misery, especially at a time when other living costs are rising. There have even been incidents of previous tenants being chased for a council tax bill they did not know they owed after they had moved out, due to reclassifying and backdating—a dreadful situation.

Shared housing is a core pillar of the housing sector. In 2018, HMOs provided up to 3 million sharers with rental accommodation across England and Wales. It is a significant contribution to the housing sector, so this issue has the potential to become a major problem. If these bedrooms start to be classified as dwellings and become band A, where the tenant is legally liable for paying the council tax, goodness knows where it will end. There are other knock-on impacts of this trend that I want, very briefly, to put on the record.

Disaggregation creates individual units, which are usually not self-contained. Once disaggregated, there is nothing to stop a landlord putting cooking facilities into these places retrospectively, thus creating miniature flats. Those do not meet housing standards or create quality living environments.

We also have the issue of housing numbers. Bedrooms within HMOs that are rebanded create a “dwelling” in law. That means that those bedrooms are added to the UK housing numbers, even though they do not meet the minimum national space standards and are not self-contained. Unwittingly, the VOA, local authorities and therefore, ultimately, the Government would be fudging the housing numbers. For each bedroom that is rebanded by the VOA as a dwelling, local authorities can claim on the new homes bonus scheme. That suggests that the Government could award those bonuses to local authorities without proper homes being created through the usual planning process.

If this continues and bedrooms keep being rebanded, the Government could be seen to be encouraging the creation of dwellings that simply do not meet national space standards. Unless they grip that growing issue, they will potentially create substandard rental properties that would contradict the renters reform Bill and the decent homes White Paper.

The Bill is fundamentally about levelling up our wonderful country. By not addressing this issue, we are doing a disservice to our constituents, many of whom are young strivers, simply trying to build their careers and make their way in life. They have been hit unexpectedly with an extra financial strain that they have not budgeted for and certainly do not deserve, at a time they can least afford it.

I deeply regret that I had to table an amendment to put a stop to this. I have frequently raised the issue with the relevant Departments, but it has fallen on deaf ears. It has led me to fear, until this point, that some people working in this area may have forgotten that council tax is a property tax, not a head tax. It should not be down to individuals who are paying simply for a bedroom to foot the bill.

That is why I am deeply grateful to the Minister and the Secretary of State for engaging with me so brilliantly and openly on this issue, and for confirming that they will have an accelerated consultation on the issue with a view, potentially, to introducing the relevant regulations to prevent this happening and to address it. That will need to cover how we deal with the sites that have already been revalued, the bills that have been issued and the arrears that have been incurred, so that is not straightforward.

I am grateful for the Minister’s commitment to address this matter, and I have no doubt that she will. I know that she cares deeply about levelling up. She is an excellent Minister and I know that she wants to seize this once-in-a-generation opportunity to get the Bill right and deal with this issue. I thank the Minister for her commitment. I will not push my amendment to a vote and I look forward to working with her to make sure that we solve this issue once and for all.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I will speak to new clause 82 and amendments 71 and 72 in my name and those of my hon. Friends. New clause 82 seeks to reinstate the standards board. Every single one of us in this place should be able to get behind that, as it is not partisan; it is about restoring the public’s faith in local politics.

We have all seen examples of councillors acting outwith their role and their code of conduct. We also see, often, that the act that eventually leads to their demise follows an established pattern of behaviour spanning many years. Those around them may have been fearful of calling out their behaviour for many reasons. Last year, a councillor was sentenced after pleading guilty to a charge relating to the abuse of public trust in public office, yet he remains in post. In another area, two former council chiefs and a county council leader are due to appear in court after being charged in connection with a long-running police investigation into allegations of financial irregularity.

We all know, of course, that those cases are in the minority and that the vast number of councillors work hard for their community. However, those who behave in that way are currently given a free ride, as the framework around complaints is largely kept in-house. Councils and fellow councillors should simply not be allowed to police themselves. Such an arrangement puts officers, and particularly monitoring officers, in impossible positions. Those officers, who are in contractually and politically restricted positions, somehow have to find ways to manage governance and the expectations and pressures of political groups when the sanctions available to the standards committee are very limited and its members are political colleagues of those they are investigating. That point was noted by the Committee on Standards in Public Life, which reported:

“We have heard of cases where Monitoring Officers have been put under undue pressure or forced to resign because of unwelcome advice or decisions”.

A Local Government Chronicle survey finds that 60% of monitoring officers do not believe that they have sufficient tools to tackle serious misconduct among elected members.

--- Later in debate ---

[Mr Betts]

One of the problems with the Standards Board was that it was simply overwhelmed with complaints because residents were allowed to go to it at first instance, rather than appealing to it if their local authority did not deal properly with their case. Another problem was that parish council complaints were allowed under it. If those two issues had been addressed, the Standards Board could have dealt with a smaller number of cases, as an appeal system. It would have been a very different arrangement.

[Mrs Lewell-Buck]

My hon. Friend is correct. It is simply not in the interests of local people to have no mechanism at all to remove someone from office who is acting inappropriately. People in my area who have experienced the damage caused by our previous council leader and his supporters find offensive the suggestion that removing that level of accountability has somehow given them more of a voice or restored any power to them.

It is the greatest honour to serve our community, whether at council level or in Parliament. With that should come appropriate checks, balances and levels of accountability. The public need confidence in the system. They need to know that cases such as those that I have mentioned will never happen again. My new clause would ensure that.

Amendments 71 and 72 simply ask that the Government align the levelling-up missions with the United Nations sustainable development goal to end hunger and ensure access by all people—the poor and the vulnerable, including infants—to safe, nutritious and sufficient food all year round, and that it be measured by tracking the prevalence of undernourishment in the population and the prevalence of moderate or severe food insecurity, based on the food insecurity experience scale. It is astonishing that a Bill that attempts to level up all parts of the UK does not mention hunger or food insecurity once, despite the Government acknowledging that it is not possible to level up the country without reducing the number of children going hungry and living in poverty.

[George Eustice]

The hon. Lady is right that this is an incredibly important issue, but is it not the case that all these issues were addressed through the Agriculture Act 2020, and the requirement to publish every three years a food security report that includes very detailed chapters on household food insecurity, which is what she is concerned about?

[Mrs Lewell-Buck]

I thank the right hon. Member for that intervention. He will know that those measurements have not resulted in reduced levels of poverty. The amendments would strengthen the Government’s commitment to reducing it.

There are 14.5 million people living in poverty across our country. Poverty among children and pensioners rose in the six years prior to covid, alongside a resurgence of Victorian diseases associated with malnutrition, such as scurvy and rickets. Surely the Government must have grasped that for at least five of their own missions to succeed people need access to food. Living standards, education, skills, health and wellbeing are all deeply impacted in a household impacted by hunger. The Government’s own reporting in the family resources survey, which was made possible only after years of campaigning to implement my Food Insecurity Bill, shows that households in the north-east are more likely to struggle to afford food than those anywhere else in the country. It would be totally misguided to think that we can level up the country without addressing that issue.

We know that the figures will increase. Already this year food insecurity has risen by almost 10%. Thanks to the Government’s economic mismanagement, the biggest fall in household incomes on record will only exacerbate those levels of hunger. The Food Foundation has found that levels of food insecure households are rising, with figures for September this year showing a prevalence in nearly 10 million adults, with 4 million children also suffering from hunger. If it were not for the over 2,500 food banks in the country, those adults and children would be without food. That should be a source of great shame for Government Members.

Regional disparities, which the Bill supposedly aims to level out, are more stark when we look at the fact that life expectancy in my part of the world, the north-east, is two and a half years less than in the south-east. Increasing healthy life expectancy is a huge challenge. The pandemic revealed the serious underlying health inequalities in this country. Public health funding will play a crucial role in helping to achieve the mission; however, in the most recent allocation councils faced a real-terms cut. That is just another example of where the Government’s actions do not meet their levelling-up rhetoric.

The Government commissioned a national food strategy, which found that diet is the leading cause of avoidable harm to our health; however, the Government have ignored Henry Dimbleby’s recommendation to increase free school meals eligibility. If the Government are serious about levelling up, tackling food insecurity is vital to achieving the levelling-up White Paper’s missions. As Anna Taylor, chief exec of the Food Foundation, said:

“If the Government wants to really get to grips with the issue, a comprehensive approach to levelling-up must tackle food insecurity head on.”

The Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Bishop Auckland (Dehenna Davison), claimed that the amendments in Committee were not needed as the Bill is

“designed to establish the framework for the missions”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 20 October 2022; c. 859.]

not the content of them. That sums up the vacuous nature behind all the missions in the Bill. By making them as opaque as possible, and lacking such content, the Government will not have to bother delivering on a single one of them.

The Government should accept this amendment today. By doing so, they would signal that at long last they accept that people are going hungry on their watch and they are eventually prepared to do something about it. I sincerely hope that they will do this, but I expect that they will not. In any event, I look forward to the Minister’s response later on.

[John Stevenson]

I want to speak to new clauses 1 and 2, but particularly new clause 1, which relates to the election of Mayors. These are straightforward new clauses and I will not be putting them to a vote, but I hope that the Government will give serious consideration to new clause 1 in particular, because I think it addresses a gap in the current devolution discussions.

When it comes to devolution, my preferred option would be for far more radical reform. I believe that local government in England is in need of substantial reform and that the Government should embrace devolution. The way to do this is to have devolution settlements right across the country with the appropriate powers and responsibilities so that we properly decentralise and also have consistency. I also think that, as part of that, the introduction of Mayors everywhere is a positive thing.

Levelling-up and Regeneration Bill (Twenty Seventh sitting)

Emma Lewell-Buck Excerpts

Committee stage
Thursday 20th October 2022 Public Bill Committees

[Alex Norris]

I am grateful for that answer. I am not particularly excited by how this happens; my wish is just that it does happen. But I am grateful for the Minister’s answer and his explanation of how he feels. I have absolutely no issue with it sitting as a departmental prerogative. I do not think the two things need to be in tension. The thing for me is that we will keep pushing on this point. I was not as clear, I have to say, from the hon. Gentleman’s answer as I have been from previous answers from previous Ministers that it remains the position of the Government. Perhaps that is something that will be followed up on in due course, because this is really important. The one thing we know about levelling up is that it takes active interventions and that if we leave things to the market or to how things currently are, that will not deliver, so there has to be something different in this regard. I think that this measure was something different, and improving. It has not been successful today and I will not push it to a Division, but we will, again, stay on this point. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 76

Standards Board for England

“(1) There is to be a body corporate known as the Standards Board for England (‘the Standards Board’).

(2) The Standards Board is to consist of not less than three members appointed by the Secretary of State.

(3) In exercising its functions the Standards Board must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of local authorities in England.

(4) The Secretary of State must by regulations make further provision about the Standards Board.

(5) Regulations under this section must provide for—

(a) a code of conduct of behaviour for members and co-opted members of local authorities in England,

(b) the making of complaints to the Standards Board a member or co-opted member has failed to comply with that code of conduct,

(c) the independent handling of such complaints in the first instance by the Standards Board,

(d) the functions of ethical standards officers,

(e) investigations and reports by such officers,

(f) the role of monitoring officers of local authorities in such complaints,

(g) the referral of cases to the adjudication panel for England for determination,

(h) about independent determination by the adjudication panel its issuing of sanctions,

(i) appeal by the complainant to the Local Government and Social Care Ombudsman,

(j) appeal by the member or co-opted member subject to the complaint to the Local Government and Social Care Ombudsman, and

(k) the governance of the Standards Board.

(6) In making regulations under this section the Secretary of State must have regard to the content of Chapter II (investigations etc: England) of Part III (conduct of local government members and employees) of the Local Government Act 2000, prior to the repeal of that Chapter.

(7) The Standards Board–

(a) must appoint employees known as ethical standards officers,

(b) may issue guidance to local authorities in England on matters relating to the conduct of members and co-opted members of such authorities,

(c) may issue guidance to local authorities in England in relation to the qualifications or experience which monitoring officers should possess, and

(d) may arrange for any such guidance to be made public.”—(Mrs Lewell-Buck.)

This new clause seeks to reinstate the Standards Board for England, which was abolished by the Localism Act 2011, but with the removal of referral to standards committees and the addition of appeal to the Local Government Ombudsman.

Brought up, and read the First time.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I beg to move, That the clause be read a Second time.

It is a pleasure to see you in the Chair, Mrs Murray. As this is probably one of the last times I will speak in this Committee, I want to thank you, your fellow Chairs, the Clerks of the Committee and all House staff.

I am presenting new clause 76, in my name and that of my hon. Friend the Member for York Central. It would increase accountability and transparency and restore public faith in local government. Since the Standards Board for England was abolished by the coalition Government in 2011, local authorities have been tasked with making up their own rules and standards of conduct for local councillors. As the current system stands, the monitoring officers, who work side by side with councillors every day of the week, are the very ones tasked with handling complaints about those same councillors. Should they feel that a complaint warrants further investigation, they can ask that the local authority’s standards committee looks further at the matter and decides on suitable sanctions. The committee can be comprised of other councillors, largely from the authority’s majority ruling group. They then decide what happens to their close colleagues and friends. They can decide whether the hearing is in public or not. If they decide to put any sanctions in place, they may be limited to, at most, simply barring them from meetings for a few weeks or taking away their ICT resources. It is abundantly clear that that system is totally unacceptable. Councillors should not be free to police themselves, and monitoring officers should not be put in such potentially impossible situations.

In 2019, a report by the Committee on Standards in Public Life highlighted the fact that the vast majority of councillors and officers maintain high standards of conduct. However, there is clear evidence of misconduct by some councillors. The majority of these cases relate to bullying or harassment, or other disruptive behaviour. We have also heard evidence of persistent or repeated misconduct by a minority of councillors. This misconduct occurs at both principal authority level and at parish or town council level.

I know all too well from my own local authority the consequences of limited checks and balances, and of processes open to interference. In 2020, the former leader of my council resigned suddenly in the wake of allegations of bullying and financial concerns, just weeks after our chief executive walked out after 10 years in post. Police and other investigations are ongoing.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Dehenna Davison)]

It is a pleasure to serve under your chairmanship again, Mrs Murray, in this last sitting of the Committee. I know everyone in the room is incredibly saddened about that.

I am grateful to the hon. Member for South Shields for tabling this new clause. She is right that it truly is an honour for anyone in elected life to be able to serve their community. We all must do so with the highest regard for integrity and public service. However, we will not accept the new clause. I will outline a few reasons why.

The Standards Board for England, which was established under the Local Government Act 2000, was a flawed regime. It was a deliberate decision in the Localism Act 2011 to abolish it. During its short existence, the Standards Board for England allowed politically motivated and vexatious complaints, which had a chilling effect on free speech within local government. As a central Government quango, it was clearly incompatible with the principles of localism.

The Government’s position remains unchanged since then. That was recently restated in our response to the Committee on Standards in Public Life’s review of local government ethical standards. The Government consider that it is the right of the electorate to determine who represents them and that local issues are best resolved locally. The abolition of the Standards Board restored power to local people. The new clause would effectively reinstate that flawed regime. All councillors are ultimately held to account via the ballot box. On that basis, I ask the hon. Lady to withdraw the new clause.

[Mrs Lewell-Buck]

I thank the Minister for that response. We could rehash all the arguments that were heard last time, but I will not detain the Committee for long. The Minister claims that there were politically motivated and vexatious complaints. The other argument is that there were some genuine complaints. Sanctions were put on councillors and it stopped them from acting in such a manner in the future. Of course the electorate can decide, but sometimes they cannot decide for four years, which is a long time if somebody is abusing public money and their position. For now, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 78

Responsibility of executive councillors to answer questions

“(1) Chapter 2 of the Local Government Act 2000 (executive arrangements) is amended as follows.

(2) After section 9DA (functions of an executive: further provision) insert—

‘(9DB) Responsibility to answer questions

A councillor who is a member of an executive must take all reasonable steps to give a timely answer any question about the executive, its functions or the local authority (including about standards of conduct) from any councillor of the local authority that is asked—

(a) in writing, or

(b) orally in a council meeting.’”—(Mrs Lewell-Buck.)

This new clause would establish a legal requirement for executive councillors to answer written questions from fellow councillors and oral questions in council meetings.

Brought up, and read the First time.

[Mrs Lewell-Buck]

I beg to move, That the clause be read a Second time.

The new clause is in my name and that of my hon. Friend the Member for York Central. I will be brief; I sense that the mood of the Committee is that everyone would like us to finish as soon as possible. This new clause is in much the same spirit as new clause 76 and new clause 79, which we will consider later. Local government can be a mystery to many people. Anyone logging on to their council’s website or attending a meeting would testify to how confusing procedures can be. In this place, those who hold the position of Secretary of State or Minister are rightly asked questions in the Chamber, in the public domain. We may not always like the answers—in fact, I very rarely do—but the process allows a level of public accountability. In local councils, though, it is up to local councillors whether they answer questions from other members. I am aware that the executive members of many councils already do, but I have also witnessed the opposite approach, where every single question is dismissed, shut down or deferred for a written response. Surely those in senior elected positions, such as council leaders, or cabinet members who hold responsibility for a service and budgets, should answer questions from other members. To refuse to do so is to be unaccountable. New clause 79 seeks to positively enhance the public’s faith in their local government representatives. Once again, I look forward to the Minister’s views.

[Dehenna Davison]

I am grateful to the hon. Lady for the new clause, which has a noble aim. I think we all believe that the transparency of any executive, national or local, is incredibly important. Accountability is equally important, particularly considering the point about trust in politicians and politics.

As the hon. Lady outlined, the new clause would put into statute a requirement for executive councillors to answer questions from other councillors. It is vital that back-bench councillors be able to hold the executive to account. In their published constitutions, many councils will already set out the procedure for both elected members and members of the public to ask questions at full meetings of the council, or at any other committee meeting. However, we firmly believe that the Government would be going beyond the role that they should play in local matters if they required in law that such councillors answer questions. Local authorities are already subject to checks and balances as part of the local government accountability framework. In addition, authorities with executive governance arrangements are required to have overview and scrutiny committees, governed by statutory guidance, to ensure that members of the authority who are not part of the executive can hold the executive to account. It would not be right for central Government to dictate the minute details of local authority arrangements, although I appreciate the noble aim behind the new clause. I kindly ask the hon. Lady to withdraw her new clause.

[Mrs Lewell-Buck]

I thank the Minister, and I am happy to beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 79

No role for councillors in recruitment or duties of monitoring officers

“(1) The Local Government and Housing Act 1989 is amended as follows.

(2) In section 5 (designation and reports of monitoring officer), after subsection (1) insert—

‘(1ZA) No elected councillor of a relevant authority in England may have any role in—

(a) the recruitment or selection of the officer designated monitoring officer under subsection (1), or

(b) the performing by the monitoring officer of the functions imposed by this section and, where relevant, section 5A.’” —(Mrs Lewell-Buck.)

This new clause would prohibit the involvement of elected councillors in the recruitment or duties of officers appointed to monitor lawbreaking, maladministration, failure and injustice within a local authority or its executive.

Brought up, and read the First time.

[Mrs Lewell-Buck]

I beg to move, That the clause be read a Second time.

I appreciate that the majority of local authority appointments of chief officers such as chief executives or monitoring officers are made after a robust interview that has followed human resources processes. Those processes can involve senior elected members. However, I have witnessed, and am aware of local authorities that experience, inappropriate or partial influence being exerted when officers are conducting operational business. I recall once sitting with a chief executive and a leader, and the leader was demanding that something be done that the officer was deeply uncomfortable with. The leader shouted at the chief executive, “I hired you; I will fire you if you don’t do this.” I could go on, but I think the point is made.

It is clear why there should be no elected member involvement whatsoever in the appointment of any local authority monitoring officer. These officers work hard and are incredibly professional. They are already working in politically restricted, tightly governed senior roles. They should never be exposed to unacceptable scenarios, such as the one I just outlined. That is why new clause 79 is important. I hope the Minister agrees.

[Dehenna Davison]

I am sure the hon. Lady will not be surprised to hear that we will not accept the new clause. First, I want to say that the example of terrible practice that she witnessed is not isolated. All examples of bad practice absolutely must be called out, but there is a strict framework already in place. The new clause appears to seek to protect the objectivity of monitoring officers, and their ability to speak truth to power—that is, to elected members. The new clause requires that elected councillors have no role in the selection or recruitment of a relevant authority’s monitoring officer. Of course, the monitoring officer is one of three crucial statutory officers that any principal local authority must have, the other two being the chief executive and the section 151 officer. Some councils may already have designated the responsibility for appointing the monitoring officer to the head of paid service, but we must remember that councils are independent, democratic bodies that have the freedom and flexibility to manage their workforce. If they choose to operate a member appointment panel, it would be neither appropriate nor consistent with the principles of localism to prevent them from doing so.

The new clause would also mean that elected councillors played no role in a monitoring officer’s performance of their duties. However, monitoring officers’ specific speak-truth-to-power role is already protected in their responsibilities under sections 2 and 5 of the Local Government and Housing Act 1989. Those statutory responsibilities include reporting anything that they believe to be illegal or to amount to maladministration relating to the conduct of councillors and officers, or to the operation of the council’s constitution. On that basis, we do not feel that the new clause is necessary, and it is contradictory to the core principles of localism in which we so strongly believe. I ask the hon. Lady to withdraw it.

[Mrs Lewell-Buck]

I thank the Minister for that response. My new clause would have given an extra layer of protection. She has misunderstood how impossible an environment can make it to speak truth to power. The clause would have helped people who are stuck in that situation, but I am happy to withdraw it. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 80

Licensing scheme: holiday lets

“(1) The Secretary of State must make regulations to require each relevant local authority in England to introduce a local licensing scheme for holiday lets.

(2) Any local licensing scheme introduced pursuant to regulations made under subsection (1)(a) must require any owner of a holiday let to—

(a) obtain any fire, gas and electricity safety certificates as specified by the scheme;

(b) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations;

(c) secure a licence for the holiday let from the local authority prior to trading;

(d) obtain a licence and renew this licence—

(i) every three years,

(ii) when the property changes ownership, or

(iii) when there is a change in the person holding day to day responsibility for the property; and

(e) not let out a property without a valid licence.

(3) A local authority introducing a licensing scheme must—

(a) outline—

(i) the terms and conditions of the licence,

(ii) the application process for securing the licence, and

(iii) the licence renewal process;

(b) determine an annual licence fee for each licensed property;

(c) inspect any property prior to issuing a licence;

(d) require the owner of a short term holiday let to —

(i) apply for and hold a licence to operate for each property they let prior to trading,

(ii) pay a licence application fee and annual charge for the licence,

(iii) renew the licence as required by the local authority under their licensing scheme,

(iv) pay any fines associated with breaches of a licence as laid out in the local licensing scheme,

(v) ensure that the holiday let complies with any health and safety regulations specified by the scheme, including the completion of any risk assessments required by those regulations, and

(vi) provide up to date property details including details of who will hold responsibility for the day to day management of the property;

(e) maintain an up to date list of all licensed short term holiday let properties within the local authority area to include—

(i) the address of the property,

(ii) whether this is a shared property occupied by the owner or a separate let,

(iii) how many people are eligible to stay at the property, and

(iv) how many days of the year that the property will be advertised for letting and be let;

(f) inspect the property following a report from the public of an issue of concern relating to the property or to any other property owned by the same person;

(g) monitor compliance with the licensing scheme;

(h) publish an annual report on the number and location of licences including the number and location of licences in each ward and their impact on local residential housing supply and details of any breaches reported and fines issued; and

(i) provide residents adjacent to the short term holiday let contact details of their enforcement officer should they experience any issue at the property.

(4) A licensing scheme must allow the local authority to—

(a) set out details of any area where the granting or renewal of licences will be banned, suspended or limited;

(b) set limits and or thresholds on the level of the licencing permitted in any area;

(c) require property owners to renew their licences every three years, or when a property changes in ownership;

(d) issue fines or remove a licence of a property if—

(i) fire, health and safety conditions are breached,

(ii) criminal activity occurs at the property, or

(iii) excess noise and nuisance or anti-social behaviour rules as set out in the licensing conditions are repeatedly breached, or

(iv) the registered owner or the person listed as holding responsibility for the property has had licences on other properties removed; and

(e) issue penalties or licensing bans on those renting properties without a licence.

(5) In this section—

An ‘area’ may be—

(a) a polling district;

(b) a ward; or

(c) the whole local authority area;

‘holiday let’ means—

(a) a dwelling-house let for the purpose of conferring on the tenant the right to occupy the dwelling-house for a holiday, or

(b) any part of a dwelling-house let for the purpose of conferring on the tenant to occupy that part of the house for a holiday;

‘relevant local authority’ means—

(a) a district council in England;

(b) a county council in England for an area for which there is no district council;

(c) a London borough council;

(d) the Common Council of the City of London.”—(Rachael Maskell.)

This new clause provides for the introduction of a licensing scheme for holiday lets.

Brought up, and read the First time.

[Rachael Maskell]

I beg to move, That the clause be read a Second time.

It is a pleasure to see you in the Chair, Mrs Murray, for the last time on this Bill. The new clause is in my name, and the name of hon. Members from across the House; it also has much support from colleagues who have not been able to sign their names to it because of their position in Government.

I hope that the Government will buck the trend and accept the new clause, because it is so important. Up and down the country, there is a sharp rise in the number of Airbnbs. Across the world, jurisdictions are licensing Airbnbs in order to control what is happening not just in the holiday industry, but in housing. This new clause would address the crisis in communities.

Over the last five years, there has been a sharp rise in Airbnbs in my community; the number is 2,118 and still rising sharply. The reason is that private rented accommodation is being flipped into Airbnbs because of the differentiation in tax introduced by George Osborne to try to address the buy-to-let market. Unfortunately, that is having serious consequences. Our stock of housing for purchase is also being hoovered up, mainly by purchasers from London and the south-east. They are buying family houses as assets to turn them into Airbnbs. That impacts not just housing, but communities, which are becoming more fragmented and fractious. Weekend after weekend, there are parties in these properties—that happens in the urban setting that I represent—and it causes people to feel unsafe in their community. It is breaking up communities.

It is vital that the Government moves forward by supporting this new clause. They should also look at what is happening in Scotland, where the Government have just passed legislation to license Airbnbs, not just register them. I appreciate that the Government Whip, the hon. Member for Mid Worcestershire, took forward a consultation on Airbnbs in his former role; however, any scheme has to go further than registration.

This evening, Councillor Michael Pavlovic in York will move a motion that would allow local authorities to go as far as they can on the issue, but it will not be far enough. That is why we need legislation to license Airbnbs. I draw the Minister’s attention to my private Member’s Bill, which is due for its Second Reading on 9 December. I trust that we can work together to ensure that that will be the moment—if not today—that we see the full licensing of Airbnbs.