Local Government Officials: Bullying

Julian Lewis Excerpts

Thursday 9th May 2024 Commons Chamber

[Sir Julian Lewis (New Forest East) (Con)]

I rise to consider the potential merit of Government measures to tackle the bullying of local government officials. This short debate seeks to explore the Government’s plans properly to provide for enforcement of the codes of conduct applicable to parish and town councillors, given the amount of bullying and intimidation experienced by local council clerks.

Far too many town and parish council clerks face regular intimidation by a minority of councillors, and there are at present insufficient enforcement mechanisms and penalties to resolve the issue. Good people are resigning as a result. The turnover rate for clerks is far greater than the average for most comparable forms of employment. An article in the Telegraph online on 1 October 2022 stated that a preliminary academic survey of town and parish councils

“found that over half…had experienced behavioural issues from councillors, including bullying and disrespect towards other representatives or clerks”.

The findings also showed

“an imminent loss of expertise amid a shortage of younger clerks”.

There are at least three important organisations with strong views about this worrying situation: the Association of Local Council Clerks, the National Association of Local Councils and the Society of Local Council Clerks. They are not unanimous in their recommendations, but they all recognise the reality of the crisis. All three have had constructive conversations with my staff and me in recent months, for which I am very grateful. The SLCC has stated:

“15% of parish councils experience serious behaviour issues… 5% are effectively dysfunctional as a result of them.”

That figure obviously varies to a degree over time, but the ALCC has recently indicated that it considers the problem to be worsening rather than improving.

I have been provided with deeply disturbing first-hand testimony of inappropriate behaviour by a small percentage of council members. It may only be one or two individuals on any given council, but the effect of their behaviour on the clerks, other councillors and other staff can be unbearable. It can easily cause a breakdown in health and subsequent departure from a much-valued career. Clerks often feel that their job is at risk unless they carry out the wishes of individual councillors, even though the councillor in question may be trying to act outside the legislative requirements, thus forcing the clerk to act illegally. I am advised that many clerks fear for their jobs on a daily basis.

In my view, much of the problem arises from the lack of an independent body to oversee councillor behaviour and to impose sufficient penalties to discourage such behaviour when it occurs. Sufficient codes of conduct are in place for councillors. They are usually clear, unambiguous and based on the Nolan principles, but their enforcement and the imposition of appropriate penalties when their provisions are broken are sadly missing. The standards board was abolished in 2012, and the current system of local authority staff enforcement —via monitoring officers—does not work as effectively as would an independent system. In May 2023, it was confirmed that, nationally, there is an excessive turnover of monitoring officers. That is hardly surprising, given that they have to take action in a quasi-judicial role, sometimes against their own councillors, who are their employers at principal authority level, while those councillors also possibly sit on town or parish councils, too.

As I mentioned, it is not only staff but other councillors who find themselves being bullied. I shall not identify any specific councils or individuals in this speech, yet I know of one case where several councillors resigned during a three-year period because of bullying by the chairman of that council. In a separate case, two councillors were called upon to step down after their attempts to bully the council clerk out of her job were proven. A third council was plunged into disarray after eight members resigned amid claims of bullying, harassment and abuse, and the town clerk also resigned at the same time and for the same reason.

There are very many specific examples which could be cited, because such misconduct has become so common as almost to be routine on the part of a really small but poisonous minority of councillors. Of course, the vast majority of councillors neither accept nor condone such terrible behaviour, but they do not have the necessary means to deal effectively with the disruptors and the bullies.

--- Later in debate ---

Motion made, and Question proposed, That this House do now adjourn.—(Mark Fletcher.)

[Sir Julian Lewis]

Here is one scenario posted on the internet by a despairing councillor:

“We have a Parish Councillor who continually harasses the Clerk out of hours, at home and by email, about pretty well everything the Clerk does. The Clerk is respectful, knowledgeable and more than capable; but this individual said to the Chairman ‘I can question the Clerk because I am a Parish Councillor’. We have lost three Clerks in less than three years because of this dreadful man and I fear we are going to lose this one.”

Given findings such as the academic survey I mentioned earlier, this is clearly a situation that must not be allowed to continue. Apart from the impropriety aspect, the turnover of staff caused by bullying is economically damaging, leading to severe loss of efficiency in the affected parish and town councils. Then there are the additional recruitment and training costs for those councils which lose their clerks through resignation. Several councils have also been taken to court for constructive dismissal claims relating to harassment. Once again, this would be much less likely to arise if there were proper regulation and proper enforcement.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am really grateful to the right hon. Gentleman for bringing forward this debate. I have a long-term interest in looking at workplace bullying across the piece and am bringing forward a private Member’s Bill on 7 June to ensure we have a legal definition for bullying, which we currently do not have in our suite of legislation. I hope he will be able to support the Bill. But beyond that, we must ensure there is a route to an employment tribunal so that people are protected at work. Would he be minded to work with me and support that, and to find the mechanisms to put positive behaviours into all workplaces?

[Sir Julian Lewis]

This is the first I have heard about the hon. Lady’s initiative. It sounds absolutely admirable and I would be very interested in supporting her efforts. I particularly commend the idea of a clear and legal definition of bullying, because we all know that there are sometimes subjective approaches to the subject, where even a word of legitimate criticism is interpreted as that, unjustifiably, so she is definitely on the right track.

The SLCC states:

“Throughout the sector, there are growing concerns about the impact bullying, harassment and intimidation is having on Councils, Councillors and staff and the resulting effectiveness of those local councils”.

The three national associations are fully aware of the issues, but without Government intervention it is unlikely that they alone can solve this dreadful problem. The preferred approach of the NALC is to focus on certain recommendations, previously made by the Committee on Standards in Public Life, which have yet to be adopted. Indeed, the NALC assisted me in the drafting of early-day motion 611, tabled in November 2022 and supported by 27 hon. and right hon. Members, which specifically asked the Government to:

“re-visit its response to the Committee on Standards in Public Life report on local government ethical standards and introduce the report’s recommendations in full including tougher sanctions such as suspension for poorly behaving councillors.”

In addition to that, however, the SLCC and the ALCC have indicated their endorsement of an alternative option formulated by Mr Derek Biggs, the hugely experienced and highly respected former town clerk of Totton in my constituency, to whom I am indebted for his insights. This way forward, which I fully support, would be for the Minister to agree to set up a working party of experts in the area of town and parish councils to examine the issue in depth and recommend practical solutions to deal with it. The working party’s brief would be to ensure the design and establishment of an appropriate, independent enforcement body, and to propose legislation providing for penalties sufficient to act as a deterrent to transgressors. That would be one way of finally dealing with those who ignore the proper standards of behaviour that are rightly expected and approved by the Government. We really need to work together and end their sense of impunity in respect of unacceptable conduct in town and parish councils.

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

I am grateful to my right hon. Friend the Member for New Forest East (Sir Julian Lewis) for raising this important subject, and also to the hon. Member for York Central (Rachael Maskell) for her helpful intervention. I look forward to her Bill.

I have been urged to be brief. As a fellow Welshman, Mr Deputy Speaker, you will know that that can sometimes be quite tricky, but I understand from my hon. Friend the Member for Bolsover (Mark Fletcher), the Whip on duty, that he is keen to rush home to start making his cheese and pineapple hedgehogs in preparation for his Eurovision Song Contest party; we all look forward, of course, to his extended invitation. So I want to be serious but also to be as brief as I can, in respect for the House.

The debate is timely, because it comes just a week after elections to many of our town and parish councils up and down the land. I want to take the opportunity—as I have on previous occasions when I have met parish councillors—to put on record our sincere thanks for their service to their communities. They are always unpaid and usually unsung heroes, working to deliver change and improvements to the towns and villages in which they live and serve. I suppose I should declare a slight interest, having started my political career as a parish councillor before migrating to the district council, supposedly moving upwards to the county council, and then fetching up here. With the exception of membership of the other place, I have the full set of badges.

My right hon. Friend’s point is particularly important because the councillors elected last week are being welcomed to their new authorities and being inducted—for the first time, in some instances—into the rules and conventions of public life. We all know that vibrant local democracy flourishes where the reputation of the local authority is held in high regard. It is an honour and a privilege to serve as a community representative, and all those seeking and achieving public office should be holding themselves to the highest standards of conduct in recognition of the trust placed in them. The electorate have a right to expect councillors to behave well and respectfully in all their interactions—with each other, with members of staff, and with the public. Councillors’ decision making should be honest, demonstrably transparent, fair, objective, and in the best interests of all whom they serve. There is no place in our systems and structures of local government for bullying, intimidation or harassment.

My right hon. Friend’s remarks focused on bullying, intimidation and other inappropriate behaviour on the part of councillors. As he will know, there have been incidents where council clerks have effectively been charged with such offences, so it can go both ways. It is important to nip it in the bud and cut it out as quickly as possible—not just for the standards in public life set out by Nolan and reiterated this afternoon, but because it fundamentally sours the working environment of public service when people abuse their position, bully, cajole, intimidate and so forth in council meetings. As my right hon. Friend has noted, there are rules that apply.

I am concerned that we still occasionally think of our town councils, and especially our parish councils, as some sort of quaint, Edwardian and Vicar of Dibley-like institutions where people quibble about whose turn it is to do the biscuits or whatever. Instead, they are doing incredibly important work. As my right hon. Friend will know, there is no cap that we in central Government can place on the precepts of town and parish councils; we merely rely on their good common sense.

We know that many town and parish councils across the land have been asked to take up roles and responsibilities—the management of public loos, for example—on behalf of their upper-tier authorities, and they willingly do so. Those upper-tier authorities—be they borough, district or county councils—can be capped, and when there has been pressure on local government finances and close collaboration between the constituent parts of the local government family, some burdens have been passed on to lower-tier authorities.

My right hon. Friend is right to point out that there are some standards lacunae—I put it no more firmly than that. As he set out in some detail, there is a clear and growingly compelling case for having a look at this issue again. I would be more than happy to continue the conversations that I have had with NALC since I was appointed last November. I would include the ALCC and the SLCC, and I am more than happy to include my right hon. Friend in those discussions to try to find a common-sense route to go through.

[Sir Julian Lewis]

I shall seize on that potential opportunity to ask whether we could all come and see the Minister together. There are a lot of operators in this field, and to have him and representatives of the three organisations in the same room at the same time would be an extremely positive step.

[Simon Hoare]

I began my working day with an official visit to Croydon Council, followed by a visit to Slough Borough Council. Both were hugely enjoyable and rewarding, and the offer of being seized by my right hon. Friend during this Adjournment debate is an invitation I cannot resist. He makes a very important point, and I should have made that clear in my remarks. There is considerable and compelling merit to meeting the three bodies together. There is some overlap and some divergence of views, and different organisations will have different ways of seeing and identifying solutions to a problem. Let us have a roundtable, if one wants to call it that, or a meeting in the Department to try to identify the issues, and to try to deliver the simplest, easiest and most straight-forward solutions.

We would do so not to be unduly heavy-handed, or to impose the dead hand of Marsham Street on our vibrant town and parish councils, but because we hold dear, and view to be important and precious, those values of civility, transparency, decency, common sense and collegiality in all the fora in which elected or appointed people discharge public duties. That is an expectation that the public rightly place on all of us, and it is sometimes a challenge, but it is one to which we are all capable of rising. I look forward to furthering the discussion with my right hon. Friend.

I close by again thanking the hon. Member for York Central for her contribution, but I particularly thank my right hon. Friend the Member for New Forest East who, with his usual calm, methodical logic, put forward a compelling case that only a perverse Minister of the Crown could seek to resist.

Question put and agreed to.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 22nd April 2024 Commons Chamber

[Lee Rowley]

I totally agree with the hon. Gentleman that it is absolutely vital there is transparency in how, when and why leaseholders are being charged. That is why we have done one thing and been doing another thing in the past few weeks alone. Last week, on the new building safety approach for high-rise buildings, we were very clear in a joint letter about highlighting the importance of temperate remuneration and cost. Secondly, we need to continue to bring forward the reforms in the Leasehold and Freehold Reform Bill, which will see a transformation in transparency on service charges. The Government brought that Bill forward and it will come through as soon as the other place has concluded its observations.

[Sir Julian Lewis (New Forest East) (Con)]

The Minister has done good work in protecting leaseholders and renters from remediation costs above 11 metres. As a leaseholder myself, I am a bit baffled as to why people are not protected when fire remediation measures are necessary below 11 metres. I would be grateful if he could explain the Government’s reasoning.

[Lee Rowley]

When the Building Safety Act 2022, which put in place the differentiation, was going through, we were very clear and asked colleagues, on the Floor of the House, for any examples of where there were potential issues below 11 metres. If my right hon. Friend or any other Member has an issue, I would be very keen to hear from them. The reality is that, over the past two years nearly, we have received only 160 potential issues. Of those, we can count on one hand where there has been a problem. We are working with each of those three buildings to make the progress we need to make.

Extremism Definition and Community Engagement

Julian Lewis Excerpts

Thursday 14th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Intelligence and Security Committee.

[Sir Julian Lewis (New Forest East) (Con)]

Surely the essential point here is that the Government are proposing not to ban any organisation, however extreme, from operating legally and within the law, but to identify organisations that should be barred from receiving funding or other support from the Government. They have not shared their proposals with the Intelligence and Security Committee, so any point that I make now is purely personal to me, but does the Secretary of State agree that in any democratic society people have a right to decide with which bodies they will or will not associate? That is why it is right that, since July 2021, Labour has banned no fewer than seven extreme-left organisations as incompatible with party membership, in accordance with values defined, quite properly, by its own national executive committee.

[Michael Gove]

I thank my right hon. Friend, who has a distinguished record in this area. He is absolutely right. There is, appropriately, a very high threshold for the proscription of organisations, which Hizb ut-Tahrir recently met. We are not seeking to ban or restrict the operation of organisations in a free society; we are simply making it clear that it would be wrong for the Government to use taxpayers’ money or public endorsement in engagement with such organisations.

Leasehold and Freehold Reform Bill

Julian Lewis Excerpts

2nd reading
Monday 11th December 2023 Commons Chamber

[Michael Gove]

I take the right hon. Gentleman’s point, but he is conflating two things. Help to Buy can be criticised or defended on its own terms, and I believe it was the right intervention to ensure, in particular, that more first-time buyers could get on to the property market. However, he is also right that leasehold, which as he says was originally a tenure designed for flats, was then extended to houses, and in a way that is difficult to defend. It has expanded over recent years. That is why we are legislating now to ensure that we can stop it. There are two separate arguments that can be had there.

[Sir Julian Lewis (New Forest East) (Con)]

I particularly look forward to that part of the Secretary of State’s speech when he will tell us whether this will apply to new leaseholds or will be retrospective on those suffering under existing leasehold arrangements. However, there is one step the Government took that has not been helpful to leaseholders, and of which I have personal experience: creating a presumption in favour of developments where the airspace above a block of flats is sold and the freeholder then insists on having one or two more floors built on top. That can cause immense damage to the building, not to mention disruption, and then who gets the bill for paying for the damage? It is transferred from the freeholder to the leaseholders. The Government should think again about that presumption in allowing that sort of ill-considered development.

[Michael Gove]

My right hon. Friend makes an important point on permitted development rights. On the whole, I am in favour of the extension of permitted development rights, because I want to see an increase in housing supply overall, but it is incumbent on the Government to review how those rights have been operating. He raises one concern, but there are other legitimate concerns about the way permitted development rights, when commercial buildings have been turned into residential, have meant that the quality of those new residential flats has been insufficiently high. I also know that colleagues, not least in London, are concerned about potential future extensions of permitted development rights. There is a responsibility on me and others to review their impact, and that is what we are doing, separate from this particular legislation.

Tackling Islamophobia

Julian Lewis Excerpts

Thursday 7th December 2023 Commons Chamber

[Liz Twist (Blaydon) (Lab)]

I thank my hon. Friend the Member for Bradford West (Naz Shah) and the hon. Member for Peterborough (Paul Bristow) for securing this important debate. Islamophobia, like all forms of discrimination, serves to divide our communities. It is a grave form of injustice that restricts the ability of Muslims, or those perceived to be Muslims, to participate equally and completely in our society. Islamophobia culminates in violent hate crimes, targeted discrimination and structural disparities affecting access to employment, housing and healthcare, and it impedes the ability of those affected to go about their daily lives. Our failure to take action to tackle this hatred threatens our democratic principles of fairness and equality, and in so doing, undermines our social cohesion as a whole.

We see this hatred manifested online, on our streets and in our public spaces, and at its most extreme, in violent acts of terror and murder. We remember Makram Ali, who was senselessly murdered in Finsbury Park in 2017, alongside the attempted murder of nine others. That premeditated attack on innocent Muslims by a far-right attacker devastated victims, families and entire communities. We also remember two more grandfathers, Mushin Ahmed and Mohammed Saleem, as well as the victims of the Christchurch terrorist attacks. All had their lives tragically taken from them as a result of insidious hatred. This serves as a terrible reminder of the consequences of Islamophobia and the failure to tackle it.

This debate comes at a difficult time in the international community. The disgusting rise in both Islamophobia and antisemitism since the attack on 7 October exposed just how real the issue of discrimination is on Britain’s streets. Let me start by condemning those brutal attacks and the shocking rise in racism that we have seen since that day. Since Hamas’s terrorist attack, our country has seen a disgusting rise in antisemitism, with Jewish businesses attacked, Jewish schools marked with red paint and Jewish families hiding who they are. We have also seen an appalling surge in Islamophobia, with racist graffiti, mosques forced to ramp up security and British Muslims and Palestinians spoken to as though they were terrorists. While this debate focuses on the experiences of Islamophobia, we cannot lose sight of the ongoing injustice faced by the Jewish community in Britain.

[Sir Julian Lewis (New Forest East) (Con)]

Does the hon. Lady agree that one of the most telling points made during the debate was the hon. Member for Coventry South (Zarah Sultana) saying at the conclusion of her speech that the most effective response to Islamophobia and antisemitism is when both communities stand by each other in resisting both those threats?

[Liz Twist]

Yes, my hon. Friend the Member for Coventry South (Zarah Sultana) made a very important point. We all need to stand together to ensure that we defeat Islamophobia and antisemitism.

Members who have taken part in this debate include my hon. Friends the Members for Hammersmith (Andy Slaughter), for Poplar and Limehouse (Apsana Begum) and for Luton North (Sarah Owen), my right hon. Friend the Member for Hayes and Harlington (John McDonnell), and my hon. Friends the Members for Manchester, Gorton (Afzal Khan), for Luton South (Rachel Hopkins), for Slough (Mr Dhesi) and for Coventry South. All of them have spoken about their experiences and those of the communities in their constituencies. For some of the Members who have spoken, Islamophobia has affected their safety and that of their communities. One thing they all have in common is that they were clear that we must act to tackle Islamophobia and ensure that we take real action, and all called on the Government to do that.

Year after year, British Muslims are the victims of the highest proportion of religiously motivated hate crime. Over the past 10 years, we have seen a shocking and rapid rise in incidents being reported to Tell MAMA, as we have heard, with cases doubling between 2012 and 2022. Tell MAMA’s tireless commitment to tackling Islamophobia has ensured that we have a detailed database, from which it is possible to identify key trends emerging in frequency, scope and substance, so that we can work to tackle the particular forms that Islamophobia takes. That data shows that high-profile events act as a trigger for steep rises in bigotry, both online and at street level, as they are weaponised by perpetrators to drive discrimination and violence.

This week, Tell MAMA reported that it has recorded more than 1,200 cases following the Hamas terror attacks of 7 October, representing a sevenfold rise on the same period last year and the largest, most sustained spike in reports to its service across a 55-day reporting period. Behind these numbers are real people who have been subjected to abuse and harm.

It is vital that we come together in this House to say that Islamophobia is not acceptable in any form. The Labour party stands firmly with the victims of Islamophobic hatred and commits to working across our nation to ensure that it is eradicated. It is of utmost importance that we recognise the impact of Islamophobia on people’s lives, and that we recognise the work of grassroots, community and religious organisations that have dedicated themselves to tackling it.

The message from Muslim communities and organisations is clear that, to tackle this bigotry, we must be able to identify it. Yet this Government have said that they do not support taking forward an official definition of Islamophobia. Following a six-month inquiry into the subject, the definition proposed by the APPG on British Muslims has been widely recognised and endorsed across many sections of civil society, including among academics, Muslim communities and prominent Muslim organisations. I am proud to say that we have adopted this definition in the Labour party, and it has also been adopted by the Liberal Democrats, Plaid Cymru, the SNP and the Scottish Conservatives.

In 2021, Labour’s shadow Secretary of State for Communities and Local Government, the chair of the Labour party and the leader of the Local Government Association Labour group wrote to the leaders of all Labour groups in local government to encourage their councils to adopt this definition. Since then, hundreds of councils across the country have taken the APPG definition on board, yet the Government have seen fit to reject this definition and have since failed to come forward with an alternative definition of their own, as they had once promised. This dereliction is both substantive and symbolic in its failure to take Islamophobia seriously.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 4th December 2023 Commons Chamber

[Michael Gove]

The hon. Gentleman makes a good point, and it gives me an opportunity to thank the Holocaust Educational Trust, which enjoys support across the House. The work done by its chief executive, Karen Pollock, is exemplary. As the hon. Gentleman rightly points out, as the voices of survivors fade and the holocaust moves from memory to history, it is vital that we ensure that every successive generation appreciates the unique evil of that event, the origins of antisemitism and the need to be vigilant against its recrudescence.

[Sir Julian Lewis (New Forest East) (Con)]

I thank the Secretary of State for his robust answer to my hon. Friend the Member for Brigg and Goole (Andrew Percy). Does he agree that the sight this weekend of bereaved family members from both the Muslim and Jewish communities joining together in a combined rally against Islamophobia and antisemitism was an inspiring sight that we should all hold in our hearts and honour? Does that not serve as a lesson to those people from one community or the other who preached hatred against others who are in fact innocent victims?

[Michael Gove]

My right hon. Friend is absolutely correct. All of us approach any conflict with a sense of horror and foreboding for what it may mean for innocent civilians, and it is in that spirit that the vigil that he mentions was held. It was great to see people from across communities expressing solidarity. I had the opportunity last week to talk to leaders from various Muslim community groups across the United Kingdom, and I pay tribute to them for their work in challenging extremism of all kinds.

Levelling-up and Regeneration Bill

Julian Lewis Excerpts

Consideration of Lords amendments
Tuesday 17th October 2023 Commons Chamber

[Rachel Maclean]

I will address that matter in due course, so I hope my right hon. Friend will allow a little patience.

[Sir Julian Lewis (New Forest East) (Con)]

I would like to reinforce what my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) said about the concern at district council level that they may be sidelined in combined authorities. We have received a persuasive letter from New Forest District Council, and I would like the Minister to reassure the House that her pledge that they can vote on areas relevant to them will be honoured.

[Rachel Maclean]

New Forest MPs are definitely speaking up for their residents today. My right hon. Friend will have seen the Levelling Up Minister next to me; he has heard that vital point. These matters must be decided locally, but I can reassure both my right hon. Friends the Members for New Forest West (Sir Desmond Swayne) and for New Forest East (Sir Julian Lewis) that their voices have been heard and those points will be considered in future arrangements.

It is our strong view that one of the core principles of local democracy is that citizens can attend council meetings to interact in person with their local representatives. There are no limits placed on authorities broadcasting their meetings online and we do not agree that councillors should be able to attend those meetings and cast their votes remotely. It is important that they are present, active participants in local democracy. Therefore, the Government are not able to support Lords amendment 22.

The Bill removes a key barrier to transferring police and crime commissioner functions to combined authority Mayors, a long-standing Government commitment. Those powers do not permit the removal of a police and crime commissioner in favour of a mayor mid-term, as some have suggested. The powers simply allow the May 2024 mayoral elections to elect the Mayor as the next police and crime commissioner for an area, where Mayors request that the election be conducted on that basis. It is to allow the proper preparation for, and administration of, those elections that the Government are seeking to commence the provision upon Royal Assent, and so we are unable to support Lords amendment 273.

Turning to planning, we have heard the strength of feeling across both Houses about the need for national development management policies to be produced transparently, with clear opportunities for scrutiny. We have therefore strengthened the consultation requirements in the Bill, to make it clear that consultation will take place in all but exceptional circumstances, or where a change has no material effect on the policies. Draft policies will also need to be subject to environmental assessment, which in itself will require consultation. That will give everyone with an interest in these important policies—the public and parliamentarians alike—the opportunity to scrutinise and influence what is proposed.

Housing provision has been raised by my right hon. Friend the Member for Wokingham (John Redwood).

--- Later in debate ---

We have never had the opportunity to deliver this at local level before, and those changes will be really meaningful in the long term. Children growing up on estates in Mansfield now will have job opportunities in 10, 15 or 20 years’ time that they could never previously have dreamed of, so this is a huge opportunity. My one ask of the Government—in addition to what I have said in my short speech—is that this must be delivered in the next fortnight in order for us to have our regional election next year. This must be delivered before Prorogation; otherwise, we will run out of time and my constituents will have to wait for months or even a year for access to these powers and funds, so I urge the Minister to ensure that we get this delivered in time.

[Sir Julian Lewis (New Forest East) (Con)]

I begin by adding my congratulations, in her temporary absence from the Chamber, to the hon. Member for Somerton and Frome (Sarah Dyke) on her maiden speech, which strongly impressed the House with her environmental commitment and credentials and which included generous tributes to some of her predecessors—not least to David Heath, whom many of us remember with affection and respect, and also to the late Mavis Tate, who may not be so well known to hon. Members of the House. She was a Conservative Member of Parliament during the war years, and indeed before the war. Unfortunately, she was a member of the team of 10 parliamentarians who went to visit the Buchenwald concentration camp, and what she saw there so undermined her mental health that she took her own life two years later in 1947. It is sad to reflect that, nearly 80 years later, comparable atrocities are still being carried out, for not dissimilar reasons, in parts of the middle east.

As a leaseholder myself, I would like to associate myself with the comments of the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), on the vulnerability of leaseholders to abuse of power by freeholders. That is something on which he has campaigned most effectively for a number of years. I also share the concern of my hon. Friend the Member for Buckingham (Greg Smith) about building work that is allowed to proceed in the face of accurate predictions of future flooding. I know of more than one case of that happening in my own constituency.

My primary reason for making a brief contribution to the debate is to flag up the concern that I referred to earlier about the decision of the Government not to accept Lords amendment 13. I am to a degree reassured by what I heard from the Front Bench, which was reiterated quite effectively by my hon. Friend the Member for Mansfield (Ben Bradley) a few moments ago—namely, the assurances that district councils will in fact be able to make a contribution when decisions are made that directly affect them. Yet if there is an opportunity for further elaboration on that, I would like to hear it. I have probably heard enough to prevent me from rebelling against the Government, but whether I feel I can go all the way and vote against what the New Forest District Council chairman Jill Cleary, a Conservative chairman of a Conservative District Council, feels is so important is another matter.

For the record, this is what those concerns amount to. Lords amendment 13 states that, for combined county authorities:

“A Minister of the Crown may by regulations establish a process for non-constituent members to become full members.”

The district council feels this is a vital addition to the Bill, otherwise power will steal away from communities and be concentrated at county level without sufficient active district involvement. Indeed, the district council points to a survey of people in shire areas earlier this year, which shows high levels of trust in and satisfaction with district councils—higher levels than for other parts of local and national Government.

I conclude by quoting directly from Jill Cleary’s letter:

“District councils hold levers which are indispensable in creating jobs, improving economic opportunity, addressing skills shortages, tackling inequalities and reviving local pride—precisely the outcomes at the heart of levelling up agenda that the Bill seeks to reinforce. District councils are the housing and planning authorities in two-tier areas. We drive economic development in our places. We have strong links to local businesses, big and small, and a track record of attracting inward investment. It simply makes no sense that districts should be excluded from these new devolution deals.”

I appeal to the Minister, once again, to make it clear both to this House and to my concerned and esteemed local district council that it will not be sidelined or excluded by the Government’s refusal to accept Lords amendment 13.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Peter Aldous to make the last Back-Bench contribution, so anybody who has contributed to the debate should start making their way to the Chamber. We are expecting a large number of votes.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 16th October 2023 Commons Chamber

[Lee Rowley]

As I say, if the hon. Lady wishes to raise the case of this individual building once again with me or talk to me separately outside, I will be happy to enable that. For every under-11 metre building we are made aware of as requiring additional remediation, we are going through and checking things, and compiling audits, where necessary, to get to the bottom of it. The Government strongly believe that under-11 metre buildings do not need extensive remediation, and we will be happy to talk more about any buildings where these issues have been raised.

[Sir Julian Lewis (New Forest East) (Con)]

Does the necessity for the Government to take that sort of action show the danger that leaseholders are under from the abuse of freeholders’ power? May I, through him, gently remind the Secretary of State of an assurance he gave me when talking about leasehold? He said:

“We need to end this feudal form of tenure and ensure individuals have the right to enjoy their own property fully.”—[Official Report, 20 February 2023; Vol. 728, c. 3.]

Is that still intended to be in the King’s Speech?

[Lee Rowley]

My right hon. Friend knows that I am not able to anticipate what will be in the King’s Speech. We are clear that, particularly with regard to remediation, some freeholders have stepped up and should be credited for doing so, but others have absolutely not done so. The Secretary of State and I will not hesitate to call out that activity where it occurs.

Leasehold Reform

Julian Lewis Excerpts

Tuesday 23rd May 2023 Commons Chamber

[Lee Rowley]

The right hon. Gentleman makes a strong point about the importance of reform. This is one of the reasons that we have committed to reform and I hope that we will be able to provide that in the months ahead in the remainder of this Parliament.

We are committed to tackling problems such as these at the root, so we will abolish issues such as marriage value and we will cap ground rents in enfranchisement calculations so that leaseholders who currently pay onerous ground rents do not also have to pay an onerous premium. To make this process simpler and more transparent, we will introduce an online calculator to help leaseholders to understand what they will pay to extend their lease or to buy it out. These changes should, and will, generate substantial savings for some leaseholders, particularly those with fewer than 80 years left on their lease, and also ensure that landlords are sufficiently compensated in line with their interest. These changes are therefore fair for all concerned.

[Sir Julian Lewis (New Forest East) (Con)]

I am grateful to my hon. Friend the Minister, for whom I have a great deal of time and respect, but it seems to me that he is talking about tinkering at the edges and improving a fundamentally unfair system. I would gently remind him of an exchange I had with the Secretary of State on 20 February this year, when I asked if there was going to be fundamental reform and he replied:

“We hope, in the forthcoming King’s Speech, to introduce legislation to fundamentally reform the system. Leaseholders, not just in this case but in so many other cases, are held to ransom by freeholders. We need to end this feudal form of tenure and ensure individuals have the right to enjoy their own property fully.”—[Official Report, 20 February 2023; Vol. 728, c. 3.]

Do I detect a basic shift away from this position? I earnestly hope not.

[Lee Rowley]

My right hon. Friend highlights the importance of reform in this area and the cross-party nature of the support for it. I would not read anything into my comments other than that we are committing to reform, we have said we will bring it forward and we will bring it forward. It will happen in the remainder of this Parliament.

Part of that reform will involve reforming unreasonable and excessive service charges. Many landlords and managing agents already demonstrate good practice and provide significant and relevant information to leaseholders, but too many are failing to meet that standard and failing to provide sufficient information or sufficient clarity. We recognise that existing statutory requirements do not go far enough to enable leaseholders to identify and challenge unfair costs. We will therefore act to improve this through better communication around these charges, and a clearer route to challenge or seek redress if things go wrong. That will ensure that leaseholders better understand what they are paying for and can more effectively challenge their landlord if fees are unreasonable, and make it harder for landlords to hide unreasonable or unfair charges.

--- Later in debate ---

[Sir Peter Bottomley (Worthing West) (Con)]

I thank the hon. Member for Sheffield South East (Mr Betts) for his contribution. I also thank the Minister.

I am glad that the official Opposition have raised this issue, but if they force this to a non-binding vote, it will show the party politics. That is no criticism of a political party.

The key issue is how soon life can be made better for those who deserve a better life in their own home, and how soon those who are screwing them can be unscrewed.

S. J. McCarthy and others secured an extension for ground rents on retirement homes. I have written to him at Ringwood in Hampshire, asking how many properties the company has sold since 1 April 2022, and how many properties it will sell with leases backdated to before the ban on ground rents. That is the kind of—expletive deleted—behaviour that leaseholders had to put up with for 20 or 30 years.

The days when leasehold charges were low and landlords were decent people went years ago. Governments of all parties should have noticed and acted earlier when house builders in the north-west were building a third of their properties as leasehold.

Those who know the chronology will know that, 12 years ago, a Housing Minister asked people to provide evidence of malpractice and unfairness in the leasehold sector, which apparently was not known to people in Government. It is now 21 years since Parliament and Government thought they had made commonhold viable. The Government did not notice it was not viable because commonhold came under what became the Ministry of Justice, which had no resources. When we told the Government, “Put commonhold and leasehold together under the Department with responsibility for housing”—now the Department for Levelling Up, Housing and Communities—the Department said, “Only if you transfer the resources so we can look after it.” There were no resources, so for three or four years the Government did not do it. That is the sort of thing we would expect “Yes Minister” to come back and have a look at.

So where are we now? If we look at the sales of properties in many London constituencies, we find that 80% to 90% are of leasehold properties. Some constituencies have their figure down at less than 10%, whereas mine is at about 30%.

It is well known, although I will say it again, that I own a leasehold flat in my constituency, where I have never had a problem. We had a decent managing agent and a decent landlord. When the landlord wanted to retire, he offered the freehold to the leaseholders and we bought it. I have also since bought a leasehold property in London, where probably half the flats are owned by people overseas. How on earth, under existing regulations, will there ever be a majority for, let alone unanimity on, making a change to the management or ownership arrangements in that situation? I put it to the Minister that the Government ought to say that anybody not resident in this country does not have a vote on enfranchisement, on taking over control or on an extension. They should be assumed to agree with those who are resident and have an interest while living there or being a small landlord.

The Opposition spokesman, the hon. Member for Wigan (Lisa Nandy), referred to Commonhold Now as the first group in her list, perhaps because it is the most recent. One of the people mentioned as being in Commonhold Now claims the credit for the “People’s Pledge” campaign, set up in 2011, for a vote on whether we remained in European Union. The organisation folded in 2016 when we had the referendum—well, they did well, didn’t they?

We ought to say to Commonhold Now, “Try to work with the people who have been campaigning for a long time on this, and do not start looking as though the new people on the block are going to be the experts.” Oddly, it has not approached me during its months of existence, and when it put out a press notice the BBC took it as though it was gospel and the Secretary of State had promised to abolish all existing leaseholds in double-quick time. He had not, and no one believed that he had.

If the BBC had had a housing editor for the past 15 or 20 years, we would be further forward and it would not have misled its viewers and listeners with the idea that anyone had suggested it would be possible to transform all leasehold agreements into commonhold ones quickly. However, it needs doing.

One issue that has not been raised yet arises in my constituency. I am grateful to my constituent Francine Stephenson for contacting me to ask whether

“there are any Government Grants or similar for having Solar Panels fitted on our property. We live in a block of flats and are planning to have a new roof fitted next year (money permitting) and wonder if it would be profitable to have Solar Panels fitted at the same time. Due to the expense….we wonder if the Government has or may have any suitable schemes to assist us?”

We know that most leasehold properties are in blocks of flats and that roofs need changing every 25 to 50 years. Why are we not getting on now with a way of making it possible for those involved, with or without unanimity, to have solar panels put on new roofs when they are brought up to a given thermal efficiency?

What are we going to do about decarbonising the heating smaller blocks? The larger ones do not have gas, but the smaller ones may, so what are we going to do about getting that changed so we have a thermally efficient building with a carbon-free system of heating? Had I been writing today’s motion, those are the sorts of issues I would have been adding in, rather than making it appear a bit more about party politics than about real concern for leaseholders.

I do know that people in the Opposition are deeply concerned about this issue, and I pay tribute to Jim Fitzpatrick, the former Member for Poplar and Limehouse, for his remarkable work. I also pay tribute to the leader of the Liberal Democrats, the right hon. Member for Kingston and Surbiton (Ed Davey), for previously co-chairing the all-party group on leasehold and commonhold reform, and the hon. Member for Ellesmere Port and Neston (Justin Madders) for all that he is doing.

The key point is that if we had been listening to those who first started campaigning for justice, we would be further ahead—I think there is all-party agreement on that. When Sebastian O’Kelly, the former property editor of the Daily Mail, and Martin Boyd, who had experience at Charter Quay in Richmond, Surrey, took up these issues, they thought it might be possible to achieve results fast—that did not happen. When Gavin Barwell, now Lord Barwell, became the Housing Minister, he said that the Government’s Leasehold Advisory Service would be unequivocally on the side of leaseholders. As far as I know, that organisation never once advised Ministers or their officials of the scandals that people rang it up about every day. That was the failure of the succession of chairs of that organisation—the chief executive could have done better as well.

I have found that there are a number of crooks in this business, one of whom is Martin Paine—he adds an “e” to the hurt he does. He would take leases that were about to run out and give informal extensions, not resetting the ground rent to zero, but saying that he was doubling ground rent from the time the lease was first given out. Nothing much has happened about this.

Without going through a list of all the other scandals, I ask the Minister: why not have a way of funding some test cases so that the courts can rule that this kind of crookery and thievery ends? We have done it with human rights and with the Equal Opportunities Commission in the past. A few test cases, with substantial resources behind them, would overturn many of these practices. Some of them are criminal and some are just civil, but all need challenging on behalf of the small person.

Let us look at the post-Grenfell consequences on fire safety. Our Fire Safety Act 2021 and Building Safety Act 2022 are imperfect. They have excluded too many small landlords unnecessarily and too many low buildings unnecessarily. That should be reviewed and changed.

So should the scandalous statutory instrument 2020 No. 632, the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020. It relates to permitted development rights and building up. Under emergency covid regulations, freeholders have the right in certain properties to stick one or two more floors on top of the building so that those who thought that they had the top-floor flat will find it is a building site for five years. The person who owns the building and tries to use those rights does not even have to inform the leaseholders that they are going to do so. Apparently, local councils have little power to block them.

[Sir Julian Lewis]

I declare an interest, as both a leaseholder and the owner of one buy-to-let flat. I have the direct experience of having had a top-floor flat and having had another floor and a roof garden built above it. After all the faults came about, many of which still persist, guess who had to pay, in one case more than £200,000, for remedying them? It was the leaseholders, not the freeholder.

[Sir Peter Bottomley]

The point is well made. I am sorry to go on for slightly longer than I ought, Mr Deputy Speaker, but I have been fighting on this subject for a long time and there are rare opportunities to get some of these things on the record.

The Minister has rightly talked about the commissions and loadings on insurance and the Competition and Markets Authority has looked at some of the insurance rates. The fact is that post Grenfell, the number of fires has gone down dramatically and it will go on reducing. It is not the high-rise properties that had most fires in any case, but the lower-level ones. We need to make sure that we watch all these issues and that the Government have people whose voices they listen to giving them advice on where action is needed.

We have to look at the Law Commission proposals. I hope that the Government will say in the King’s Speech say that they will get those through. When we were waiting for the King to come to Westminster Hall on the Tuesday before the coronation, I happened to be standing with the Leader of the Opposition and the Prime Minister. I said to the Prime Minister, “We need this legislation. It is going to be complicated in drafting but simple in politics.” I said in front of the Leader of the Opposition, “If you bring forward a Bill, it will not take a long time in this House. There will be detailed discussion but it won’t take a long time. No one will try to filibuster. It will have all-party support and we can get it through and change the lives of millions and millions of people.”

Only eight years ago, the Government thought the number of leasehold properties was about 2.5 million, but we now know it is about 6 million. We know that this is the fastest-growing element of the housing market.

Voter Identification

Julian Lewis Excerpts

Tuesday 21st February 2023 Commons Chamber

[Lee Rowley]

The hon. Gentleman continues to perpetuate the myth that this is some form of suppression. He is absolutely incorrect. Putting aside party political views, we have a responsibility in this place to make sure that we are temperate with our language, particularly when it relates to something as important as the ballot box. [Interruption.] He chunters that I should listen to the experts, but if this urgent question had not been granted—although I am grateful for this opportunity to respond to it—I would have been in a meeting right now with the Association of Electoral Administrators, the Local Government Association and the Electoral Commission, to continue my regular interactions about making sure that this works.

[Sir Julian Lewis (New Forest East) (Con)]

Given that under the existing system people have to fill in a registration form in order to vote in an election, why should it be more difficult for people who have shown themselves capable of registering to vote to bring along a piece of identification when they come to exercise that right?

[Lee Rowley]

My right hon. Friend is right. An estimated 98% of people already have this ID and, as I have indicated, we are providing additional ID for the people who choose to vote but do not have ID at the moment, so that we can ensure that May is as successful as it can be.