Transport for London Bill [Lords]

Gareth Thomas Excerpts

3rd reading: House of Commons & Report stage: House of Commons & Report stage & 3rd reading
Tuesday 12th April 2016 Commons Chamber

[Andy Slaughter]

We have a single grouping of amendments to deal with in what might be the last outing of this interesting and important Bill, after some five and a half years of its progress through both Houses. I shall speak to the large number of amendments in my name. The remainder stand in the name of the promoters of the Bill, and no doubt the hon. Member for Harrow East (Bob Blackman) will address his reason for tabling them. I welcome the concessions that are marked by the promoters’ amendments, which may shorten considerably the length of the debate today.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

My hon. Friend will recall from our discussion in November that one of my particular concerns about the way in which Transport for London has engaged on this Bill and other property development matters related to the future of Harrow-on-the-Hill station and the access issues pertaining to it. My hon. Friend may not be aware that I have had the opportunity to meet Graeme Craig, property director of TfL. It was a helpful meeting, but it left me worrying that although TfL has plans to improve the access arrangements at Harrow-on-the-Hill station, it does not plan to put any resource into them. Is there anything in my hon. Friend’s amendments or in the remaining parts of the Bill that might help to deal with that concern, which my constituents are likely to be very worried about?

[Andy Slaughter]

That is a complex question—perhaps even more complex than my hon. Friend divines, despite his huge knowledge and intellect. It goes to the heart of the Bill and the fact that TfL has got itself into a sort of spiral with property developers and, as a result, does not know where it is going or where its best interests and those of its customers lie. Is its primary objective to uphold and improve its infrastructure, stock and services? Is it to compensate for the billions of pounds being withdrawn very cynically by the Chancellor, or is it going into a whole new area of operation where it will become some kind of poor man’s property developer?

I think that my hon. Friend will get the answer if he stays for the whole debate—if not, he may have to look at Hansard. My short answer to him now is that no one, not even the strongest opponents of the Bill—I include myself, the petitioners and the National Union of Rail, Maritime and Transport Workers in that bracket—would not wish TfL to maximise its income and its opportunities for development and to be able to develop on its operational and non-operational land and, in the process, improve its facilities. I hope that we have made substantial progress—although, it has been like drawing teeth over these five-plus years—but I am not sure that I can give him a full assurance that that will be the case as a consequence of this Bill.

However, I can give my hon. Friend a full assurance that from 5 May, when our right hon. Friend the Member for Tooting (Sadiq Khan) will be installed as Mayor of London, the importance of stations such as Harrow-on-the-Hill will be foremost in his mind. I have visited Harrow-on-the-Hill and know that it could do with a great deal of improvement. I know that my hon. Friend will continue to fight strongly for that.

[Andy Slaughter]

My hon. Friend is absolutely right. Certainly, my amendments—I will go through them one by one—are designed to improve the Bill in the way she suggests. I will add a slight rider to what she says, however, because I think that TfL, as a public authority, has a slighter wider duty. We see that in the way it has disposed of assets in a cavalier fashion, entered into inappropriate deals with property developers and—perhaps most worrying of all in the context of the Bill—set out at this stage to say that its future priority, perhaps understandably, given the amount of money it is losing to the Treasury, will be to maximise the commercial opportunity of the land it holds. That sounds fine, if the money is going to subsidise fare payers. However, if it produces the type of development that is harmful to the London economy as a whole, and to Londoners—for example, by excluding affordable housing from its prime sites—then I think it needs to be brought up short. The problem is that TfL is trying to do several things at once. Yes, I am sure that it is trying to do as much as it can to subsidise its operations, but at the same time it is taking very risky steps in the deals it is doing with property developers. Part of that will be cured by the withdrawal of clause 5, but not all of it.

[Mr Gareth Thomas]

I take my hon. Friend back to Harrow-on-the-Hill station, because it is clear that TfL will have to go higher in any housing development, potentially reducing the amount of affordable housing, in order to pay for the access works required. Does he not think that it would be better if TfL, using the funding it currently has for making stations accessible, matched the funding that Harrow Council is willing to put into those access requirements, rather than just building ever higher blocks of housing to pay for it?

[Andy Slaughter]

I am always pleased to be taken back to Harrow-on-the-Hill station, although my hon. Friend normally cons me into going there for canvassing sessions that tend to go on for four or five hours. He is absolutely right that there has to be a balancing act between the needs of the travelling public and whatever development TfL is doing, and I think TfL has abdicated its wider responsibility in trying to get that balance right.

--- Later in debate ---

Let me start to look at the proposals in more detail. I have some more general comments to make about the Bill, but assuming that we get through Report, which I think we will, we have Third Reading, so I will reserve those more general critical comments until then.

[Mr Thomas]

Moving on from Harrow-on-the-Hill station, will my hon. Friend deal with the concern that he and many others of us alluded to last November regarding the so-called tax-efficient limited liability partnership model that TfL wanted to use for its property developments? Can he shed any light on how TfL’s plans have changed in relation to that vehicle in the light of the obviously devastating disclosures in the Panama papers?

[Andy Slaughter]

A lot of the credit must go to Lord Dubs, who obtained a substantial concession in the other place when clause 5 was withdrawn. The chronology is that that preceded the Panama papers, but I suspect that TfL is breathing a sigh of relief, given that its proposals may have come under even more scrutiny had the clause remained in the Bill. I wait with interest to hear what the promoters say about the reasons for the withdrawal of clause 5. Personally, I am just glad that it is has been withdrawn, although I am puzzled they appeared prepared to die in a ditch for it over a period of years and then, following the debate in the main Chamber and the revival motions in the other place, decided to give in gracefully. What their reasoning was for doing that, I am still not quite sure, but I am grateful that it happened.

To that extent, the issue, which was of concern to the large number of Members who attended the last debate here, has gone away, but not entirely, as my hon. Friend will see when I talk about clause 4, which still tempts TfL—if I can put it that way—to enter into relationships with companies that may have a dubious past, present or future. Amendment 7 and consequential amendment 8 are designed to remove that temptation.

[Mr Thomas]

Before my hon. Friend turns to his proposed amendments, may I take him back again to our debate last November? There was substantial concern among Labour Members about the lack of commitment shown by the TfL management to building a significant amount of affordable housing in any large housing development. I understand that TfL is seeking to move on from that position—I am thinking of a particular site that my hon. Friend knows very well. Has he received confirmation that TfL is now more committed to affordable housing?

[Andy Slaughter]

Like my hon. Friend, I recently had a lengthy meeting with Graeme Craig and other TfL lawyers and senior managers. The reasonable assurance that I was given was that no firm decisions would be taken on any of the London sites—save for one, which is in the constituency of my hon. Friend the Member for Eltham (Clive Efford)—until after the mayoral election, which I think is right.

London Members in particular were concerned that TfL was being disingenuous. It was saying in the free pages it gets in the Metro paper that part of its development strategy was to build affordable housing, but the reality was that it planned to build no affordable housing whatsoever on its prime sites in zones 1 and 2. It said that there might be elements in zones 3, 4, 5 and 6, but that was simply not satisfactory. Let us consider the issue after the mayoral election. It is clearly a matter for each individual planning application, but I would hope that Labour councillors in London would look askance at any proposal that did not include affordable housing.

One of the first three sites proposed was in Parsons Green, which is not quite in my constituency, but it is in my borough. That application has been withdrawn and is being rethought, because the proposals were either not sufficient or not the right type of affordable housing. We know that “affordable housing” is now a term of art and that, when used by this Government, it usually means housing that is affordable to nobody who is not on a seven-figure income.

Let me turn to the amendments standing in my name. I am very grateful for the substantial support I have received from a number of people at the National Union of Rail, Maritime and Transport Workers in preparing the amendments and, indeed, throughout the whole Bill process. They have been extremely assiduous in providing their expertise, obtaining counsel’s opinion and providing briefings on the Bill. The three public petitioners—Richard Osband, Jos Bell and Anabela Hardwick—not only contributed to that important part of the process, but have been stalwarts in scrutinising the Bill and providing briefings on it. Many Members, not just members of the RMT and London MPs, have also shown an interest; when we last debated the Bill, there were 20 to 30 Members present. I am grateful to my hon. Friends the Members for Harrow West (Mr Thomas) and for Brentford and Isleworth (Ruth Cadbury), who will get a special TfL Bill badge for being here tonight.

[Mr Thomas]

A further concern that was aired when we last debated the Bill in November was that the advisory board that TfL had set up to help it with its property development contained no significant social housing providers. Does my hon. Friend sense that TfL has now changed its position and that it is now balancing out the interests of those hard and fast traditional developers with the need for proper social housing to be part of the mix on the sites overseen by the Mayor and TfL?

[Andy Slaughter]

I am not aware that that has happened. To give TfL the benefit of the doubt, it, like many in London, awaits the outcome of the mayoral election and will take its lead from that. Although I strongly anticipate that my right hon. Friend the Member for Tooting will be the Mayor—so, I believe, do the bookmakers, who have started paying out on him—I do not think, whoever wins the mayoral election, that we could be worse off than we are at the moment with a Mayor who has set his face against affordable housing. He, and the people he has appointed to be his agents in the matter, have cynically allowed the term “affordable housing” to become more abused than used.

--- Later in debate ---

[Mr Thomas]

I intervene again on my hon. Friend to suggest that he might want to use at least a portion of his speech on the amendments to encourage the promoter of the Bill to take back from the debate the concern that TfL has no social housing providers in its property development group. That needs to change. When my right hon. Friend the Member for Tooting (Sadiq Khan) is elected, we might be able to go directly to him. Perhaps we can encourage the hon. Member for Harrow East (Bob Blackman) to use the influence he has on TfL in the drafting of the Bill in that regard now.

[Andy Slaughter]

I entirely agree. My hon. Friend has made the point very well, and I cannot add anything to it. I intended to say one or two things about housing, but I think I will say them on Third Reading. They relate more to the general principles of the Bill and TfL’s approach to the Bill than to the amendments that we are dealing with.

[Mr Thomas]

My hon. Friend has a modest style, but may I encourage him to say two further things on the question of whether social housing providers are invited to sit on TfL’s property board? First, will he urge my hon. Friend the Member for Cambridge (Daniel Zeichner) to encourage TfL to listen to our concerns about the absence of a social housing provider? Secondly, will he encourage the Minister to use his influence with TfL to persuade it to put social housing providers at the top of its property development work and on to its property development advisory group?

[Andy Slaughter]

I absolutely concur with that. I suspect that, like me, my hon. Friend finds housing to be the single biggest issue in his constituency at the moment. We have reached a ludicrous stage in London whereby in many constituencies, including his and mine, it is simply impossible and unaffordable for anybody—not just those who have low incomes or average means, but those who are earning good wages—to access property of any kind. That applies to private rented, owner occupied and even what is cynically called affordable housing. That position has been exacerbated by Government policy and by some local authorities in London over a number of years.

It will take a long time to turn the situation around. It is possible, but it is difficult, and one of the quickest ways to do it is by the use of public land. TfL, as it constantly tells us, is one of the major public landowners in London. There are many others. I have the Old Oak and Park Royal Development Corporation in my constituency, and 70% of that land—the largest regeneration site in the UK—is owned by Network Rail. It will shortly be owned by the OPDC. It is not just TfL that owns land; Government Departments also do so. That is the most immediate and instant solution to the problem, which I suspect Members from all parts of the House would admit of. Even Members who represent constituencies outside London probably have experience of the London property market and know that the situation cannot be allowed to continue.

Even with its current budget constraints, it is wrong for TfL to say, “Nothing to do with us, guv; we are just a railway company.” Of course it is primarily a railway company, and of course its job is primarily to make sure that we have a safe, secure and efficient railway that has capacity. That is a difficult enough task, but TfL cannot abdicate its responsibility, and it certainly should not be making the situation worse by engaging in development that involves no affordable housing.

[Mr Thomas]

Will my hon. Friend give way?

[Andy Slaughter]

I will give way one more time, but then I must get on.

[Mr Thomas]

My hon. Friend is right to say that housing is a huge issue in my constituency, as it clearly is in many constituencies across London. Like him, I want the public land that TfL has available to be used to create more affordable housing in particular, as well as housing units more generally. Does he accept that TfL needs to take into account a further consideration, which is the character and conservation needs of the space in which such public land will be available? In that context, I think of Harrow on the Hill—not Harrow-on-the-Hill station, but the area in my constituency. Any large TfL blocks of flats will still need to allow local people to see the iconic views of Harrow on the Hill. It is crucial to preserve the character of such areas.

[Andy Slaughter]

That is right. I am afraid that almost every planning application for residential development I now see ignores all the basic principles and tenets of building on a human scale, with sufficient amenity space and in such a way that impossible constraints are not imposed on existing neighbourhoods in terms of congestion, overlooking and environmental pollution, while also almost entirely excluding social infrastructure, such as hospitals and schools.

This is not the way London was built. Ironically, in the Victorian era—when the railways were built, and the suburbs expanded along those routes—we had far less town planning than we do now, but they somehow managed to build liveable communities, with all such factors. The combination of greed on the part of the developers and desperation on the part of much of the public sector means that we are now building monstrosities that nobody will want to live in.