Oral Answers to Questions

Gareth Bacon Excerpts

Monday 28th October 2024 Commons Chamber

[Alex Norris]

We all want to see our high streets thriving. It is the business of government, local councils and local communities to push back on some of the decline that has been seen as inevitable in recent years. As part of that, we will be giving local communities the tools to reshape their high streets, such as high street rental auctions and the community right to buy.

[Gareth Bacon (Orpington) (Con)]

T3. Sadiq Khan, the Mayor of London, has consistently called for the power to impose rent controls across Greater London. He cannot do that unless the Government change the law. Whenever it has been tried around the world it has failed, typically with rental property supply falling and rents perversely rising. Will the Secretary of State take this opportunity now to rule out the possibility of imposing rent controls in Greater London?

[The Minister for Housing and Planning (Matthew Pennycook)]

As the shadow Minister will know from our exchanges in the Renters’ Rights Bill Committee, the Government have absolutely no plans to introduce rent controls in any form.

Employment Rights Bill

Gareth Bacon Excerpts

2nd reading
Monday 21st October 2024 Commons Chamber

[Gareth Bacon (Orpington) (Con)]

We are approaching the end of a long and robust debate, with a total of 71 speeches so far and no fewer than seven maiden speeches. The hon. Member for Hyndburn (Sarah Smith) spoke powerfully and very impressively. The hon. Member for Penistone and Stocksbridge (Dr Tidball) spoke memorably of overcoming considerable adversity and of her considerable achievements, culminating in her arrival in this House. The hon. Member for Blackpool North and Fleetwood (Lorraine Beavers) gave a moving tribute to her late parents. The hon. Member for Dover and Deal (Mike Tapp) laid down an ambitious claim to have the highest number of castles in his constituency and talked of his grandfather serving on flying boats in world war two, which is something that he and I share. The hon. Member for Airdrie and Shotts (Kenneth Stevenson) spoke of his and his family’s great pride in his taking his seat here in Parliament. The hon. Member for Hamilton and Clyde Valley (Imogen Walker) spoke fluently about the history of her constituency, in a deeply impressive speech.

On the Opposition side, my hon. Friend the Member for Leicester East (Shivani Raja) talked about the entrepreneurial spirit of Leicestershire and about her fears that it could be eroded by the Bill. She also, I suspect, achieved a first for Parliament by managing to shoehorn a reference to Showaddywaddy into Hansard. My hon. Friend the Member for Weald of Kent (Katie Lam) spoke movingly of her grandparents’ escape from Nazi Germany and amusingly of the Labour party’s contribution to introducing her parents, ultimately leading to the creation of a future Conservative MP. I commend all hon. Members who made their first mark in this House in a debate on so important a subject. I am sure that they will serve their constituents diligently in the coming years; I wish them all well.

There is much that the Opposition believe is wrong with the Bill, but I have limited time, so I will focus primarily on one element—the role of the trade unions, because their influence runs right through it. If, as expected, the House declines to support the amendment in the name of the shadow Business Secretary, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), and grants the Bill a Second Reading, there will be time to explore the Bill’s many other problems in Committee.

A running theme throughout the debate was hon. Members’ enthusiastic declarations of membership of trade unions, but for some reason they forgot to mention how much they have received in financial donations from them. I remind them and the House that, according to the LabourList website, the Government MPs who have spoken today have accumulated a total of £371,974 in donations from the trade unions. Those donations are no surprise. The public are quickly becoming acclimatised to the idea that this Labour party is in the pocket of the highest bidder, whether that be Taylor Swift, Lord Alli or indeed the trade unions.

I was, however, pleasantly surprised by the number of hon. Members on the Government Benches who have spoken in today’s debate. When I attended the Bill briefing kindly organised by the Under-Secretary of State for Business and Trade, the hon. Member for Ellesmere Port and Bromborough (Justin Madders), just a handful of Labour Members were in attendance, but today they have turned up in great numbers to sing the Bill’s praises. It is to their credit that they are here. Perhaps they have read or watched news of the harm that this Bill will bring and are quietly apprehensive, but have put their heads above the parapet regardless. However, when push comes to shove, they remember that they will be up for re-election in four or five years’ time, and they have to think about their trade union donors.

Very early in this debate, my hon. Friend the Member for Meriden and Solihull East (Saqib Bhatti) said that the Bill is about not growth, but ideology. He is right. This is a trade union charter that will send Britain back to the 1970s. Of course, we know that that is a goal of the Deputy Prime Minister, who has said that she wants to repeal union legislation dating back as far as the 1980s. I appreciate that neither the Secretary of State for Business and Trade nor the Deputy Prime Minister was born until the 1980s, so they will not remember the time when Britain was brought to a grinding halt by the trade unions. The lights were switched off, bodies were left unburied and rubbish piled up all over the place. It is at this point that I remind Members that their constituents will see how they vote today.

I understand that the inboxes of Labour Members are already full, following the freebie scandal, the cash-for-access scandal, the political choice to take away the winter fuel payment and the concerns about tax rises in the Budget. They have my sympathy, but I warn them that their inboxes are about to get even busier. When the junior doctors strike, meaning that their constituents cannot access important medical treatment, they will know that it was facilitated by this legislation. When local councils strike, meaning that their constituents cannot get their bins collected, they will know that it was facilitated by this legislation. When the train drivers strike, meaning that their constituents cannot see their loved ones, they will know that it was facilitated by this legislation. And when small businesses fail because they cannot cope with the massive extra bureaucracy and costs, they will know that it was facilitated by this legislation. As the letters pile high from constituents who are unable to access the services they expect, Labour Members might want to hire more staff, or ask their current staff to work late, but they will be prevented from doing so by the very regulations brought in by this legislation, which they support.

Labour’s misunderstanding of labour relations goes right to the top. When the Secretary of State for Health and Social Care announced that a deal had been reached with the British Medical Association, he said that he was making a real difference. However, we now know that the deal has failed and the BMA is already beginning preparations for further strike action just weeks after accepting the pay deal.

I represent a Greater London constituency and I, of course, remember the Mayor of London’s promise that there would be no Transport for London strikes under his regime, but that is not going very well either. We now learn, thanks to the latest copy of Civil Service World, that there are set to be strikes in the Secretary of State’s own Department. All of that was before this Bill was introduced.

It is clear that, despite being in the pocket of its trade union paymasters, Labour’s approach to industrial relations has failed and will continue to fail. Much of the reason for that future failure will be the rushed job that is this Bill. It has been rushed to the House so quickly that it contains fewer than half of the measures included in the plan to make work pay—a fact recognised by the Government’s “Next Steps to Make Work Pay” document. A vast amount of it will require secondary legislation to take effect.

The Prime Minister has talked incessantly of the Government’s mission to pursue growth, which is an entirely laudable aim, but growth does not just happen. Sometimes, the Government have to do things to facilitate it, and sometimes the Government must not do things that would jeopardise it. The measures in this rushed Bill threaten to destroy any prospect of economic growth.

I am sure the Secretary of State will deny it, but the fact remains that the trade unions will always win out against the Labour party. The unions have donated almost £30 million to the Labour party since 2020. According to LabourList, 16 Cabinet Ministers and more than 200 Labour MPs have received training and donations, averaging £9,500 each. This rushed Bill is the first part of what the trade unions have bought with their money: the chance to massively increase their power base, not just in the public sector but in the private sector, especially in small businesses. This will not lead to growth, unless the Prime Minister is talking about growth in red tape and growth in the trade unions’ ability to choke the economy.

This rushed Bill is not a charter for economic growth; it is a charter for industrial strife, plunging productivity, rising unemployment, inflation and economic ruin. This rushed Bill is not fit for purpose, and the Government should withdraw it and think again.

Oral Answers to Questions

Gareth Bacon Excerpts

Monday 10th July 2023 Commons Chamber

[Christian Wakeford (Bury South) (Lab)]

5. What recent assessment he has made of the potential implications for his policies of the impact of increases in inflation on local authority budgets.

[Gareth Bacon (Orpington) (Con)]

13. What recent assessment his Department has made of the adequacy of local authority funding.

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

We recognise that councils have faced challenges since covid, which is one of the reasons why we allocated billions more in subsidies to local authorities in the financial year 2023-24. Discussions on public spending often require hard choices and trade-offs on many worthy intentions, but we hope that the additional billions allocated demonstrate the Government’s commitment to local authorities.

[Lee Rowley]

As I outlined, we have allocated additional funds to local authorities in this financial year. It is also a statement of fact that a number of local authorities in England have increased reserves as a result of covid. In the last financial year, additional grant funding of nearly £7 million has gone to the hon. Gentleman’s local council, Bury Council, for adult social care.

[Gareth Bacon]

Does my hon. Friend share my view that one way to support local government finance and to reward well-performing local authorities such as Bromley Council would be to introduce multi-year funding settlements? Will he commission a review into the merits of this, so that local authorities can better plan for the future?

[Lee Rowley]

My hon. Friend is absolutely right. It is a testament to the good work of Bromley Council that he can demonstrate this and talk about it with knowledge and experience. Multi-year financial settlements are something that we all aspire to. One of the reasons we brought forward the policy statement for financial year 2024-25 was to ensure greater clarity for councils at the end of this spending review, and we hope to be able to return to multi-year settlements in future Parliaments.

Oral Answers to Questions

Gareth Bacon Excerpts

Monday 27th March 2023 Commons Chamber

[Dehenna Davison]

Part of the reason is to spread awareness about the new voter ID regulations. We have given that additional funding to the Electoral Commission, as well as additional funding of more than £4 million to local authorities, to promote those additional measures locally. We do not want to price anyone out of democracy, but we must protect its integrity at all costs.

[Gareth Bacon (Orpington) (Con)]

Will my hon. Friend join me in reminding the hon. Member for Lancaster and Fleetwood (Cat Smith) that it was Labour that first introduced voter identification, in Northern Ireland in 2003? The Electoral Commission was unable, in its 2021 public opinion tracker, to identify a single respondent who said that they were unable to vote.

[Dehenna Davison]

My hon. Friend is absolutely right. He has made the case for why the measures are needed and will benefit our democracy.

Oral Answers to Questions

Gareth Bacon Excerpts

Monday 20th February 2023 Commons Chamber

[Rachel Maclean]

The hon. Lady will know that the Government are committed to levelling up areas throughout the country, including her constituency. Working with Homes England, we deliver significant investment funds to enable York and other partners to deliver homes and, more importantly, places that people will want to come to, in order to drive all-important economic growth and level up the country.

[Gareth Bacon (Orpington) (Con)]

7. What recent assessment he has made of the contribution of statutory public consultations to local decision making.

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

Meaningful engagement with local communities is essential to the improvement of public services, and our reforms in the Levelling-up and Regeneration Bill will strengthen community engagement in planning and increase the opportunities for engagement through the development of digital services.

[Gareth Bacon]

I thank my hon. Friend and welcome her back to her well-deserved place on the Treasury Bench. Would she agree that the Mayor of London’s decision to go ahead with the expansion of the ultra low emission zone despite overwhelming opposition to the scheme expressed in a public consultation shows complete contempt for the people of outer London? Would she further agree that what appears to be a clear attempt by Transport for London to interfere with the outcome of the consultation in order to predetermine the result further undermines the democratic process?

[Rachel Maclean]

I thank my hon. Friend for his vital question. I have seen the reports he refers to and I totally share his concerns about the consultation process led by the Mayor of London. Clearly these plans will have a significant impact on the communities that my hon. Friend represents so ably, which is why we must get to the bottom of what happened and hold the Mayor of London to account.

Management of the Economy and Ministerial Severance Payments

Gareth Bacon Excerpts

Tuesday 15th November 2022 Commons Chamber

[Lisa Nandy]

The hon. Member is absolutely right. Like many others, I was astonished to see the former Chancellor, the right hon. Member for Spelthorne (Kwasi Kwarteng), recently give an interview in which he said that the only thing that the Government had got wrong was not to explain themselves properly. That is absolutely disgraceful. We are giving Government Members the chance to set this right today and to show whose side they are on. Are they on the side of the people they put in office, who walked away with ministerial severance payments and profited from the crisis that they caused, or are they on the side of working people, who are currently paying the price?

[Gareth Bacon (Orpington) (Con)]

I would be grateful if the hon. Lady could advise the House on how many Labour Ministers refused their severance payments in 2010.

[Lisa Nandy]

I will throw the question straight back to the hon. Member: how many times did we see, in 44 days, the former Prime Minister and Chancellor essentially use the security of people in this country as an experiment? They treated us as lab rats for their ideology. They crashed the economy and left working people to pay the price.

[Gareth Bacon]

rose—

[Lisa Nandy]

If the hon. Member wants to be the first on the Government Benches to apologise, I will certainly give him the opportunity.

[Gareth Bacon]

I note that the hon. Lady did not answer my question; will she do so now?

[Lisa Nandy]

Honestly, a bit of humility from Government Members would be in order. The situation is unprecedented. They have been in office for 12 years. You put two people in office, or rather, they put two people in office, Mr Speaker—I would never for a moment suggest that you would do such a thing—who were fundamentally unsuitable for the role. They supported them, backed them to the hilt and stood up from the Government Benches and supported every move that they made. They cheered as the mini-Budget was announced and they still do not have the humility to apologise for the damage that they have inflicted on families up and down the country. The Chancellor may have U-turned, the new Prime Minister may have admitted that mistakes were made, and the Secretary of State for Levelling Up, Housing and Communities may have apologised for the error of his party’s ways, but apologies do not cut it. Government Members allowed this to happen. Without them, the right hon. Member for South West Norfolk (Elizabeth Truss) would not have become Prime Minister and the right hon. Member for Spelthorne would not have been Chancellor. Government Members let it happen; they cheered as the disastrous mini-Budget was commended to the House. They may be sorry now, although I am still waiting to hear it, but the damage has been done. Some 113,000 people were forced to re-mortgage between the mini-Budget and the present Chancellor’s belated U-turn.

--- Later in debate ---

[Patricia Gibson]

Absolutely, and I am sure the hon. Member for Devizes (Danny Kruger) will be taking note and learning the lessons he needs to learn from that insight.

There is not expected to be a reduction in mortgage rates any time soon.

[Gareth Bacon]

It happened yesterday.

[Patricia Gibson]

Some estimates put additional mortgage costs at £5,100 a year, on average, by the end of 2024. I hear the chuntering from the hon. Gentleman about mortgage rates going down. He would do well to reflect on the fact that 73% of mortgage holders are worried about rate rises.

Alongside this, the UK Government are set to raise taxes. They will balance the cost of their own incompetence on the backs of those who are already struggling, and whose struggles have been made so much worse by a Government who could not find their backside with both hands. The number of Scots seeking mortgage help has nearly quadrupled, again as a result of this Government’s staggering incompetence. It is particularly galling for people in Scotland, the majority of whom roundly rejected this Government.

As if all this were not enough, inflation is soaring, rising to over 10% in September, a rate not seen since the early 1980s, outpacing normal earnings growth and expected to peak at 11%. Inflation is partly driven by sky-high energy costs, and the Government are already backtracking on the one thing they have done to bring down energy costs, with the expected bill rises early next year hammering households all over again—we could see bills of more than £4,000 in April. The shadow of recession is looming over the UK and threatens Scotland’s recovery from the pandemic, with the Scottish Government’s budget £1.7 billion lower due to the impact of inflation and the need to help households on which the UK Government have turned their back. This means that in Scotland budgets have had to be reprioritised across a range of areas to provide this much-needed support. Sadly, for the Labour party, when Wales’s budget is under pressure it is the fault of the UK Government because of how devolution works, but when the Scottish Government’s budget is under pressure Labour joins the Tories in condemning the SNP. That is why Labour is thrashing around in its death throes in Scotland, because standing shoulder to shoulder with the Tories is not working for it. The people in Scotland are not fooled.

It is bad enough that households across the UK are struggling to balance budgets in the face of soaring inflation, rocketing energy bills and huge increases in mortgage costs, and it is bad enough that my constituents in North Ayrshire and Arran are facing unprecedented financial pressures, but while they do they are watching the revolving door of Government jobs, which have been changing with breathtaking speed. The loss of a Cabinet post is compensated for with three months’ salary, and that applies even to those who were in post for only a few weeks. Sky News has reported that this ministerial churn has amounted to £709,000 in severance payments for former Ministers and Whips. A total of 71 Ministers are eligible for this pay as a result of the instability of this Government. In view of the financial stress our constituents are facing because of decisions made by this Government, they have a right to know who has taken these payments, which are due entirely as a result of the instability and incompetence of this Government. Perhaps the Minister will be able to tell us today, but I certainly will not hold my breath.

--- Later in debate ---

[Gareth Bacon (Orpington) (Con)]

I rise to reject the arguments put forward by the Opposition. It is a matter of regret that Opposition day debates have abandoned any pretence of being a forensic probing of Government policy and have instead become nothing more than petty attempts for clickbait on social media.

[David Linden]

Will the hon. Gentleman give way?

[Gareth Bacon]

No. I have great affection for the hon. Gentleman, but I am mindful of Mr Deputy Speaker’s warning about the time because I know that other Members wish to speak. If the hon. Gentleman makes a speech later, he can address my comments.

In George Orwell’s “1984”, people are required during the “Two Minutes Hate” to watch a film depicting enemies of the state and loudly proclaim their hatred for them. The Labour party appears to believe that “1984” was a guidebook and not a warning, because it seems regularly to covet the chance to fabricate similarly misleading narratives, such as that of MPs voting to allow sewage in rivers, which was patently untrue. The volume of hateful correspondence and even threats against Members of this House has risen in recent years. Anecdotally, I gather from colleagues that there seems to be a strong correlation between spikes in abusive messages and Opposition day debates. I will leave the Opposition to reflect on that and on their methods.

I note that in the motion there is no mention at all of the covid pandemic, which caused the greatest contraction of the UK’s economy for 300 years, or of the £400 billion the Government spent on protecting people through the pandemic. Nor is there any mention of the £37 billion of targeted support for those on lower incomes. Nor is there any mention of the war in Ukraine, which has directly led to massive increases in energy prices. The recovery from the pandemic and the war in Ukraine have led to inflationary pressures around the world, which have in turn led to interest rate rises around the world. Again, mysteriously, there is no mention at all of that in the Opposition’s motion.

On what is in the motion, I respectfully point out that ignoring the disastrous consequences of rising energy bills would have been economic mismanagement. Instead, the previous Prime Minister and Chancellor put together a supremely generous support package that safeguarded both businesses and households. The energy price guarantee caps the price per unit of electricity and gas, and was introduced to counteract the looming October price rise, saving each household £700 on average over the winter. Had that not occurred, many families would suffer exorbitant and potentially unaffordable costs.

Similarly, the energy bill relief scheme applies to non-domestic premises so that businesses do not go bust and incur massive job losses across the country, which would have caused destitution for thousands. The previous Prime Minister and Chancellor took action to prevent such situations from occurring in the wake of what are ultimately global surges in energy prices.

It is not ancient history, so let me point out that financially ruining the country and leaving a note that says, “There’s no money left”, as the Labour party did in 2010, is quite literally mismanaging the economy. Thanks to measures taken by this Government, as of yesterday, mortgage rates have begun to fall, and some lenders are offering five-year fixed-term rates at less than 5%.

Lastly, the calls to dock severance pay for departing Ministers are a relatively new phenomenon and an over-personalised cheap shot, which is typical of the Opposition. I am not aware that any Labour Minister was particularly concerned about the matter before certain quarters of the media began discussing it. Indeed, not accepting severance packages was certainly not high on the agenda of departing Labour Ministers throughout the Blair and Brown Administrations, and certainly not when they were booted out of office in 2010. That is underlined by the refusal of the hon. Member for Wigan (Lisa Nandy) to answer both the questions I asked during my earlier intervention. Yet again, it shows that the Opposition only follow and do not lead. The motion is simply game playing. It is entirely without merit and should not be supported.

--- Later in debate ---

[David Linden (Glasgow East) (SNP)]

It is a great honour to follow the hon. Member for South Cambridgeshire (Anthony Browne). I very much enjoyed his history lesson about when Gordon Brown came into power in 1997, when I was in primary 2. What relevance that has to today’s debate and the mortgage rates that are being experienced by my constituents, I am not quite sure. Unfortunately, the hon. Member for Orpington (Gareth Bacon) was unable to take my intervention. I think he is right to express some concern about the tone of Opposition day debates. One of the questions I was going to ask him was how he thinks the Scottish Conservatives conduct their Opposition day debates in the Scottish Parliament and whether he could tell the Chamber how different they are. He seems to be shrugging his shoulders, so I am not sure he is aware how the hon. Member for Moray (Douglas Ross) conducts himself in the Scottish Parliament; perhaps he is going to explain.

[Gareth Bacon]

I am grateful to the hon. Gentleman for giving way. I must confess that I do not spend a lot of time watching the Scottish Parliament, because I am often here, so I cannot answer his question. I would be happy to have a drink with him, and we could discuss it then.

[David Linden]

That is very helpful, and over the course of that drink I will explain to the hon. Gentleman that the behaviour of his colleagues in the Scottish Conservative party during Opposition day debates is quite something. It reminds me of that biblical verse about removing the log from your eye before removing the speck from your neighbour’s.

There are two parts to the motion before the House. The first aspect of it is how interest rates are rising. A theme has been developed throughout the course of the debate that that is to do with what has happened in Ukraine and the covid pandemic. I would not dispute for a minute that what has happened in Ukraine has had an impact on the economy and that the global pandemic has had an impact on the economy. However, as I said to the hon. Member for Sedgefield (Paul Howell), there is a third aspect that has also had an impact on the economy, and that is the nature of the Brexit that we took. I think most people and most respected economists would argue that Brexit has had an impact on the economy, and the cherry-picking—to use the Minister’s term—that the hon. Member for Sedgefield was indulging himself in, to try to ignore the fact that Brexit has had an impact on the economy, does a disservice to the debate.

Levelling-up and Regeneration Bill

Gareth Bacon Excerpts

2nd reading
Wednesday 8th June 2022 Commons Chamber

[Gareth Bacon (Orpington) (Con)]

A friend of mine, while raising money for Shelter, the housing charity, ran the London marathon dressed as a house. In view of the quite serious injuries he sustained while doing that, it was perhaps not the wisest decision, but he was making a point. On the side of the house were painted the words “Home is everything”, and indeed it is, particularly for those who do not have one. Our country has a growing population, an ageing housing stock and a younger generation who have been almost entirely priced out of home ownership and for whom even renting a home costs far too high a proportion of their income. We need to build new homes.

The reason I am delighted to support the Second Reading of the Bill today, including its proposals for strengthening the planning system, is that it offers the best chance we have had for many years to improve what is an unacceptable and deeply flawed system. We currently have a serious problem. In 1995, two thirds of people between 18 and 34 were homeowners with a mortgage. The proportion is now just one in five. The Government observed in their February 2017 White Paper, “Fixing our broken housing market”, that the housing shortage was not a looming crisis, stating:

“We’re already living in it”

and noting that it was

“a problem that won’t solve itself”.

A gap has opened up between the places we want to see and those we actually create. Instead of beauty and a natural order in our new housing, we see a sterile sameness almost everywhere we look. The consequences are stark: most new housing is opposed most of the time, and in no other period in our history would housing be thought of as pollution. I understand why there is so much opposition. One witness in the housing review I did for the Prime Minister last year commented that

“the planning system rewards mediocrity”,

and people are entirely right to object to mediocrity.

We do not do enough to protect our beautiful countryside; nor do we insist on land reuse as a default starting point. Instead of the new housing that most people want, we have a soulless monoculture. The clunky and inconsistently applied methods for taxing land value uplift mean that we do not see the timely and right-sized improvements in physical and social infrastructure that we need, whether that is schools, doctors surgeries or strong sewerage systems. Most fundamentally of all, the wishes and interests of customers are barely considered. Indeed, for the very item on which customers spend the largest proportion of their incomes—their homes—they hold the least consumer power. That is intellectually indefensible.

There is a solution, and it involves creating the conditions in which customers are treated as if they matter the most, rather than for the most part scarcely mattering at all. More people want to build their own homes than to buy new ones. Research by the Home Builders Federation indicates that only 33% of people would consider buying a new build home, while research by the Nationwide Building Society indicates that between 53% and 61% of people would like to commission their own home at some point in their lives. For the under-34 age group, the figure is 80%.

If we genuinely want to see a solution to England’s housing problems, we must remove the risks around infrastructure—a proper public function—and create more certainty around planning so that the system is predictable, as should happen anyway in a rules-based system. We need permissioned and serviced plots to be readily available everywhere, and then allow consumers to make real choices. Moreover, there is clear evidence that consumers with free choices commission much greener houses with much lower running costs. Increasing consumer choice will therefore assist the Government in meeting their climate change commitments, which will not be met without significant changes in how we build houses. In conclusion, this Bill offers a real opportunity to deliver important changes and I am pleased to support it.

Planning Permissions and Unauthorised Developments

Gareth Bacon Excerpts

Wednesday 26th January 2022 Commons Chamber

[Gareth Bacon (Orpington) (Con)]

Speculation about how long I might speak for is rife in the Tea Room. I have been informed by the Government Whips Office that I could take almost three hours with my speech. Tempting though that is, I reassure the House that I will not detain it for as long as that—although I acknowledge that that is a shame.

This debate is a follow-up to the ten-minute rule Bill that I introduced to the House last autumn, which sought to make unauthorised development an offence and to prohibit retrospective planning applications. Sadly, there was insufficient parliamentary time for the Bill to proceed, but the problems with planning enforcements remain.

What is the problem? Rogue developers regularly exploit loopholes in our planning system to build unauthorised developments without planning permission. Sadly, they are getting away with it. Under the current planning rules, development without permission is generally not a criminal offence, whereas failing to comply with enforcement action is.

Local authorities have a range of enforcement powers in their arsenals. Enforcement notices can be issued and, at the extreme end, require demolition and restoration. If they are upheld, there can be a fine of up to £20,000 on summary conviction or an unlimited fine on indictment under the Town and Country Planning Act 1990. Other measures, such as contravention or stop notices, can be used depending on the circumstances.

Elements of the Localism Act 2011 made changes to the planning system, notably by removing an applicant’s right to use two separate defences in a single case. In 2015, the then Minister, my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), outlined a policy to make intentional unauthorised development a material consideration for all applications, including retrospective ones.

The Police, Crime, Sentencing and Courts Bill proposes a new offence for anyone who resides, or intends to reside, on land without permission and has caused, or is likely to cause, damage. The proposals are welcome, but the enforcement action I have outlined comes at a high cost to local authorities. It can take years to restore some sites because of the lengthy appeal processes involved. In any event, many rogue developers are eventually granted retrospective planning permission.

The planning portal goes as far as to state that in respect of breaches, local authorities

“often permit a retrospective application where planning permission has not been sought.”

Even when local authorities do not, the unauthorised development is often at such an advanced stage that the site is never fully restored. When such unauthorised developments have taken place on green-belt land or open land, they can lead to significant and permanent damage to areas that our planning system is supposed to protect.

That means a developer could show absolutely no regard for the legal process yet ultimately still be rewarded.

[Bob Stewart (Beckenham) (Con)]

I did not intend to intervene but thank my hon. Friend and constituency neighbour for allowing me to do so. Not just developers but private individuals take liberties in this matter, certainly in my constituency of Beckenham.

[Gareth Bacon]

My right hon. and gallant Friend is, of course, completely correct.

The consequence of the situation I have described is that many rogue developers bypass our planning system, gambling that enforcement action against them will be too slow and that, once built, their unauthorised development will be approved regardless. This is infuriating for the local residents who have to live alongside the developments. It is also frustrating for those who have played by the rules and sought planning permission themselves only to see others bypass the process.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

My hon. Friend is making a fantastic speech. In Stoke-on-Trent North, Kidsgrove and Talke, Staffordshire Waste Recycling Centre now has to apply for retrospective planning permission at its McGuinness scrap yard site, where the company is digging up an old landfill site, causing a terrible stink across the north Staffordshire area. Nearby, people are suffering because of Walley’s Quarry in the neighbouring constituency of Newcastle-under-Lyme. Does my hon. Friend agree that not just certain developers but companies are taking liberties and creating distress for the surrounding residents?

[Gareth Bacon]

I agree entirely with my hon. Friend. That is precisely the sort of abuse of the system that I ask the Government to address. Such abuses have a material and long-lasting impact on local people. When people are seen to get away with it, that just encourages more of the same.

[Chris Grayling (Epsom and Ewell) (Con)]

I might, if my hon. Friend will allow me, seek to catch the Chair’s eye momentarily after his remarks. As he moves forward with this and as he, I hope, encourages the Government to take up his proposals, could he ensure that they include commercial operations? I have experience in my constituency; it is not just residential developers doing this, but commercial developers and businesses. I echo the points that have been made, but that must be a part of what he does.

[Gareth Bacon]

I thank my right hon. Friend for the intervention and I agree entirely. The point is very well made and I can see the Minister on the Treasury Bench paying close attention. It is a subject that he and I have discussed on many occasions, and I look forward to hearing what he says in a moment.

The impact of all of this goes beyond local areas, as local authorities that pursue enforcement action against rogue developers have to spend significant sums of taxpayers’ cash on legal battles. When I introduced my Bill back in the autumn, I referred at length to a case in my constituency as an example of what can occur. That case is now subject to consideration by the courts, so I will not go into that detail again, save to make the observation that it has taken more than a year to get to this point and the end is still not in sight. However, it does not impact just my constituency—it is a national problem. Such incidents, as I have heard from my hon. Friends, are widespread.

In another example, in 2018, an unauthorised development was set up around Chelmsford on a Saturday morning, meaning that the planning enforcement team were able to visit the site only on the following Monday, by which time caravans, a digger and lorries carrying materials had all been brought on to the site in a pre-planned and co-ordinated attempt to build as much as possible so that it would become unviable for the council to dismantle the works. Neither of those incidents are easily resolvable. My hon. Friend the Member for Mole Valley (Sir Paul Beresford) has spoken in this House about procedural battles on development sites in Guildford and Leatherhead that have lasted between 14 and 18 years. Green belt land has been acquired and built over without planning permission in both locations.

So what solutions might there be? When I introduced my ten-minute rule Bill, I stated that I believed that the solution lay in legislative change to move unauthorised developments without permission from being a civil offence to being a criminal offence. I made the argument that that would prevent rogue developers from appealing enforcement action and block retrospective planning permission automatically. I stated that any change should not aim to remove certain permitted development rights for private households. Nor should it attempt to single out encampments by certain specific communities. Any fair planning system should recognise that developments could unintentionally stray from the approved plans when constructed. In order to avoid the danger of people who have inadvertently breached planning regulations being criminalised, for example, in cases where an extension is slightly too large or where someone implemented something erroneously, believing that they had permitted development rights, the Bill I drafted distinguished between more minor, accidental planning permission breaches, and egregious breaches where someone repeatedly attempted to bypass the planning system, or where the breach occurred on protected land such as the green belt. In such instances, the rules need to be flexible enough to consider the circumstances of the breach. However, I believe this should be balanced against the need to ensure the system is strong enough to close the loophole that rogue developers are currently exploiting.

There are a range of potential solutions. As I have stated, my solution was to change the law to make unauthorised development a criminal offence. An alternative might be to reform the pre-existing enforcement provisions, for example, by rapidly speeding up the process by which planning enforcement can take place, and perhaps vastly increasing the level of fines applicable and limiting the timescales and grounds for appeal.

Whatever solution we opt for, the case for change is substantial. I have seen at first hand local authorities’ difficulties in deterring and stopping rogue developers from building without permission. I have seen the damage that that can cause. I have witnessed the frustration of local residents who find their local areas threatened and I have heard from local councillors and their officers about the long drawn-out, inefficient and very expensive processes they are obliged to follow in attempting to deal with the problem.

We can strengthen councils’ ability to act, protect the green belt and ensure that communities get their say on local developments by changing the law. When the planning Bill comes to the House, it will be a golden opportunity to take steps to protect local residents, stamp out these abuses of the planning process and right a very clear wrong. I urge the Government to pay heed to the issue. I very much look forward to hearing the comments of my right hon. Friend the Minister.

--- Later in debate ---

[Christopher Pincher]

I am never knowingly under-lobbied by my hon. Friend, and I salute not only his indefatigability in campaigning on this issue, but the elasticity with which he has shoehorned it into this particular debate. Let me assure him that the matter he raises is important, and we do want to address his concerns effectively when we bring forward our planning reform. I am sure we will be talking further with him about those matters.

I have said that councils can step in to suspend works and enforcement notices can be served, but if a council needs to go nuclear, it can apply for a planning injunction via a court order that would restrain any actual or expected breach of planning controls. The outcome of this sort of process can lead to jail time, assets being seized and fines being handed down.

[Gareth Bacon]

The Minister is completely correct in what he has just outlined. The problem, however, is that this all takes time. It takes time to get a court appearance and it takes time for the injunction to be issued. Injunctions can very often be ignored, and further legal action has to take place to issue stop notices or other such action. All the while, development continues and the landscape continues to get scarred, local residents continue to get very anxious, and more time and money is being spent by the council. Would the Minister acknowledge that this is in fact part of the problem, and would he concede that this could be looked at in future, potentially as part of the planning Bill when it comes to the House?

[Christopher Pincher]

I appreciate and recognise my hon. Friend’s concern. We do want to ensure that the innocent are not caught up in a regime that pursues the guilty, but we also want to ensure that the system is more speedy and has much greater deterrent effects on those who attempt to gamble with the law, those who attempt to bend it and, indeed, those who choose to break it.

We all recognise that the reason why we need the important debate my hon. Friend has brought to the House today is that we believe—we genuinely believe—that there is more that we can do, and there is more that we shall do. As everyone in the House will appreciate, we are committed to improving our planning system and making it one that delivers better outcomes for people in all parts of the country. It is going to be the bedrock of one of our principal missions, which is to level up the United Kingdom and to help revive and regenerate those areas that have long felt forgotten by politicians of all stripes in Westminster. In our constituencies, however affluent they may be on the face of it, we all have areas of our constituency where there is deprivation and where residents feel left behind, and we have to fix that.

When it comes to pulling the handbrake on unauthorised developments in their areas, we want to make it even easier for local planning authorities to step in and make sure that retrospective planning permission is not exploited by those bent on gaming the system. Let me be clear: retrospective applications are only for individuals or businesses that have made a genuine mistake. As my hon. Friend alluded to, the enforcement process needs to work better. We make that happen by closing loopholes, and strengthening the existing powers and penalties at our disposal.

As we modernise our planning system in England, we plan to engage with communities and key stakeholders throughout the planning process. Our ambition is to ensure that the outdated system, which is essentially a relic of the post-war period, is now made fit for the 21st century, with proper digitisation of applications so that residents can easily see the proposed development in their area at the touch of their smartphone screen. As my hon. Friend and others have said, we have all seen and read about egregious examples of people bending the rules on retrospective planning applications. My hon. Friend mentioned the situation of the caravan park in Chelmsford, and my right hon. Friend the Member for Epsom and Ewell mentioned the situation faced by his constituents in Epsom. We see such challenges from individuals and commercial organisations up and down the country.

The simple idea behind retrospective applications is that they give people who have failed to seek planning permission prior to building a structure a fair chance to get the necessary approvals.

Building Safety Bill

Gareth Bacon Excerpts

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Gareth Bacon (Orpington) (Con)]

I rise in support of the Bill, which introduces a number of crucial safeguards for residents while reforming the building safety system so that appropriate checks and balances are strengthened. Notably, the Bill brings forward recommendations from the Dame Judith Hackitt review, and it adds to the progress made by the Fire Safety Act 2021 and the greater clarification of rules concerning the use of EWS1 forms.

I very much welcome the written ministerial statement that was provided today about buildings under 18 metres no longer requiring an EWS1 form. Although it is probably slightly overdue, it is extremely welcome news, and it will go down very well with my constituents.

The Bill has many positive elements, which I would have liked to touch on. However, due to the time limit, I will have to skip over them, because I do have a couple of concerns about the Bill. The first relates to clause 124, which my hon. Friend the Member for Stevenage (Stephen McPartland) first touched on.

I agree with the principle that landlords must take cost recovery avenues to avoid passing on costs directly to leaseholders, given, of course, that leaseholders bear absolutely no responsibility for cladding being put on their buildings in the first place. However, there is currently no legal obligation on landlords to seek cost recovery for remediation before passing the costs on to leaseholders. Although the Bill acknowledges that, it is insufficiently clear as to any potential remedy. Clause 124 stipulates that the landlord must seek other cost recovery avenues before passing those costs on. What happens if they are unable to obtain such funding? What happens to the leaseholders then? What protections will be in place for them? The Bill does not clarify that sufficiently.

The London Fire Brigade has highlighted a further issue, which has potentially huge significance. Developers often open a subsidiary company when they are building new developments or refurbishing existing projects. When those projects are complete, standard practice is for the subsidiary company to be closed down by the parent, and the parent company rarely retains legal liability for the premises that have been remediated. There is a danger that that will leave leaseholders liable for all costs resulting from negligent work by developers and their contractors.

Having said that, I believe that those issues can be addressed as the Bill proceeds through the House. Indeed, I hope that the Minister will be able to provide clarity on them in his closing remarks today. In totality, I believe that the Bill takes great strides in improving building safety, and I will be supporting its Second Reading this evening, albeit with the hope that it may be strengthened as it proceeds.

Oral Answers to Questions

Gareth Bacon Excerpts

Monday 14th June 2021 Commons Chamber

[Christopher Pincher]

I am grateful to the Chairman of the Select Committee for his report. We will consider it carefully, as we always do, and I am pleased that he has, with some caveats, been so very supportive of our proposals. He asks about the way in which we can better democratise our planning system. The fact is that 3% of all planning applications are engaged with by the local community, yet 90% of planning applications go through, so only a small number of people are engaging with the planning process and the overwhelming number of plans go through anyway. I do not think that that is particularly engaged or democratic, and we are seeking to bring forward the democratic element of plan making so that local people can have a real and meaningful place and decision-making role in what happens in their communities.

[Gareth Bacon (Orpington) (Con)]

If he will publish the Government’s plans for environmental protections in the development process.

[The Minister for Housing (Christopher Pincher)]

The planning for the future consultation closed in October 2020, and it generated an enormous amount of interest, with 44,000 responses. We are analysing those responses and will respond to the consultation in due course. We are committed to planning reforms that are intended to provide better protection for environmental assets. I have worked closely with my right hon. Friend the Environment Secretary as well as with my hon. Friend the Member for Orpington (Gareth Bacon) on the measures in the Environment Bill, and the planning reforms complement and reflect these.

[Gareth Bacon]

The Government will shortly be bringing forward their planning Bill, which I recognise is needed to bring forward much needed new housing and infrastructure. My Orpington constituency is two-thirds rural, so what guarantees can my right hon. Friend give me and my constituents that green-belt and greenfield land will be protected from inappropriate development?

[Christopher Pincher]

We are committed not only to protecting the green belt but to enhancing it, and those protections will remain in force when we bring in planning reforms. I can assure you, Mr Speaker, that we will not be taking the advice of the Select Committee, which suggested that we should undertake a wholesale reform of the green belt. We have committed to protect it, and so we shall, because only in exceptional circumstances may a local authority alter a green-belt boundary, using its local plan and consulting local people on where essential new housing should go, and it needs to show real evidence that it has examined all other reasonable options before proposing to release the green belt. We are committed to the green belt, and we will fight for it.