Housing and Planning Bill Debate

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Lord Beecham

Main Page: Lord Beecham (Labour - Life peer)

Housing and Planning Bill

Lord Beecham Excerpts
Tuesday 8th March 2016

(8 years, 8 months ago)

Lords Chamber
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Moved by
54: Clause 8, page 5, line 29, at end insert “, and without unreasonable cost”
Lord Beecham Portrait Lord Beecham (Lab)
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My Lords, we begin further deliberation on this important Bill with what your Lordships will be pleased to hear is likely to be a short debate begun with an even shorter speech by me from the Opposition Benches in moving Amendment 54. It deals with Clause 8, which concerns self-build and, effectively, co-operative housing schemes and relates to the Self-build and Custom Housebuilding Act 2015. Clause 8(4) defines a serviced plot of land on which such schemes will be built as one having,

“access to a public highway and … connections for electricity, water and waste water”,

or where these,

“can be provided … in specified circumstances or within a specified period”.

The amendment would add to those important conditions “without unreasonable cost”; in other words, permission should not be automatic unless the connections, which are clearly vital to any development, can be provided at a reasonable cost.

I am glad to see that the seventh cavalry, in the form of the noble Viscount, Lord Younger, has arrived to support the noble Baroness at this point. The noble Baroness was—I was going to say “manfully”, but on International Women’s Day that would not be the right adverb—boldly carrying out her responsibilities without much support on the previous occasion. We should recognise that this is a big Bill and a big responsibility, and I am glad that the noble Baroness has her noble friend’s support this time.

Can one or other of the Ministers—I take it that it will be the noble Viscount opposite me—clarify the position on funding? Is the community infrastructure levy available for such schemes, and will it be possible to continue to require contributions under Section 106 agreements, which many of us feel are being undermined by provisions, for example, in relation to starter homes and elsewhere? My own authority—I refer again to my local government interest with Newcastle City Council—only last month submitted its proposals for dealing with these matters as a policy for the local authority. The question arises as to whether these provisions would have to be taken into account if enacted, requiring further changes to the local scheme. I apprehend that there will be other local authorities with schemes already in place or being prepared around this area.

As a further and quite different point, I suggest that access to broadband be added to the requirements. There is a very uneven pattern across the country of accessibility to broadband. Some areas are simply not registering with adequate broadband connections. It would seem to me in this contemporary age almost as much a requirement as any of the others that are defined in subsection (4). Perhaps the Minister could consider this. I do not expect an answer off the cuff today, but perhaps he would take this matter back and see whether the Government would be prepared to accept this suggestion as an addition to the matters already raised.

Finally, the clause allows for regulations—yet again—to add further services; broadband might be one of them. Do the Government have anything in mind in that respect? Are other issues being considered and, if so, whom and when will they consult about any further changes? I suspect that this is not a case in which your Lordships will be desperately worried about secondary legislation coming forward, because it would only add to the provisions dealing with adequate connections and adequate development of sites rather than acting as a constraint on local authorities or other bodies involved in development. Nevertheless, it would be interesting to know whether there is anything in the Government’s collective mind or even the departmental mind on these issues. I beg to move.

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Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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My Lords, to complete this short debate, I repeat that the issue of planning will come up later on in the Bill. But I make the point that compulsory purchase orders can slow up planning. This is one of the issues that we are looking at in order to speed up the planning process.

Lord Beecham Portrait Lord Beecham
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My Lords, I am grateful to all noble Lords who have participated in this debate. I am glad that the noble Viscount is connected with broadband up to a point. But perhaps he will go a little further and be more proactive than reactive and initiate discussions with the sector about whether this would be a useful addition rather than wait for somebody to pop up with the idea in due course.

The noble Lord, Lord O’Shaughnessy, referred to capacity in planning departments and my noble friend made some response to that. It is the case that there are several hundred thousand outstanding planning permissions up and down the country, where builders have done nothing and are presumably sitting on rising land prices and what they hope will be the rising price of constructed buildings. But, in addition, local authorities with housing planning responsibilities face very large cuts in their budgets. It will be difficult to sustain the planning function—or, indeed, any other function—to the extent which is desirable. That has to be a real concern.

The Government need to bear in mind the possibly self-serving response of the builders, which has been referred to, and lean on their political friends—not normally to be found on this side of the House—to ensure that authorities have the wherewithal to meet these new responsibilities. There is such a thing as the New Burdens Doctrine. We are getting the burdens but not the outcome of the doctrine, which is that these additional responsibilities should be funded.

I will end on a slightly different note, which is more of a question. Again, I do not anticipate an answer. During the discussion and the emphasis on the value of self-build and community schemes of this kind, which I entirely endorse, it struck me that there is the possibility here of involving those bodies—further education colleges and the like—which train people in construction industry skills to enable them to get involved in these projects. This may be useful in terms of the cost of a project and in training much-needed skilled workers to carry out not only this kind of work but others as well. Perhaps the Minister would ask his officials to look at this—not immediately, as it is not a crucial issue at the moment—to see whether the industry and training bodies such as FE colleges and others could be persuaded to look at this small area. This might help get both the buildings on the ground and the skills in the industry.

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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I agree with the important points raised by the noble Lord about skills and I will certainly take them back to the department. There are other, broader issues of developing skills such as architecture. The noble Lord has made some very good points.

Lord Beecham Portrait Lord Beecham
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My Lords, that being the case I beg leave to withdraw the amendment.

Amendment 54 withdrawn.
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Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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Perhaps I may make some progress. We all recognise the need to build more homes, and they should be sustainable, but we do not need to make building them more difficult than necessary. We need to consider whether it is realistic for the majority of builders to deliver even higher standards without unduly affecting site viability or housing delivery.

In the productivity plan, Fixing the Foundations: Creating a More Prosperous Nation, published last summer, we committed to keeping the energy standards under review, and we will ensure that any changes that may be introduced are cost effective. This includes looking at not just new buildings but across the whole of the existing building stock, where carbon emissions tend to be higher and energy efficiency is poorer than for new homes.

In raising or lowering the energy requirements for new homes, it is always necessary to consult carefully with industry. We should not forget that we are talking about a technical area which impacts across the construction sector. It would therefore not be workable to deliver the proposed standard within six months. Even if it were, it is not prudent to have such a rigid framework for delivery in the Bill, or to set requirements such as this in primary legislation. If, in the light of consultation, any slight adjustments to requirements were needed, we would not be able to make them without further primary legislation.

I understand the intention of the new clause proposed by the noble Baroness, Lady Parminter, but it would create a significant regulatory burden on housebuilders at a time when we need to increase housing supply and access to home ownership. We are giving the industry breathing space to ensure that it catches up with the already highly energy-efficient new standards that came into force only in 2014.

I would like to say more in attempting to address many of the questions that were raised, particularly by the noble Lord, Lord Krebs. Some builders, big and small, already go beyond the current minimum standards. New homes built to the performance requirements introduced by building regulations in 2014 are highly energy efficient. They need to have high levels of insulation, double-glazed windows with low-energy glass, and A-rated, high-efficiency condensing boilers.

Perhaps the nub of this debate is the difference the amendment would make to new homes. I understand the strength of feeling on the Liberal Democrat Benches in particular, but the current regulations have already pushed the fabric energy performance of homes to the point where further increases may result in only marginal returns in energy efficiency. Therefore, to meet the proposed levels of carbon compliance, homebuilders would need to consider further technical solutions for providing heat and power to the home—for example, photovoltaic panels, solar hot-water systems, and air and ground-source heat pumps. These would add considerably to construction costs for homebuilders. The noble Lord, Lord Stunell—

Lord Beecham Portrait Lord Beecham
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Can the noble Lord comment on that question? The noble Lord who spoke before indicated that the cost would be around £3,000. Does the Minister have a figure to counter that suggestion?

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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Yes, I was just coming to that point. The noble Lord, Lord Stunell, raised the issue of costs. Research by the Zero Carbon Hub indicates that, for an average semi-detached home, the lowest cost of meeting the proposed standard would add almost that sum of £3,000 to the construction costs. Originally we thought it would be £10,000—indeed, I think that figure was mentioned by somebody in this debate.

The new clause proposed by the noble Baroness, Lady Parminter, would increase the bill cost for all housebuilders, irrespective of their size. With regard to small builders, the availability of small sites is declining and extra regulatory costs would impact on the viability of these developments, leading to even fewer small sites.

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Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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This is definitely getting into a technical area, and I am happy to write to the noble Lord with the details of the research to establish the figures we have come up with.

Lord Beecham Portrait Lord Beecham
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May I ask a non-technical question—I am about as technical as the Minister—if £3,000 is an excessive amount, what would be an acceptable amount?

Viscount Younger of Leckie Portrait Viscount Younger of Leckie
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I reiterate the figure that we have. I am very happy to write to the noble Lord, Lord Beecham, and to the noble Lord, Lord Krebs, to give the specific technical details as to how we reached that figure. But that figure is the figure we have.

Lord Beecham Portrait Lord Beecham
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It is not about how the Government reached that figure but what, in their eyes, would be an acceptable increase in cost to provide the result the amendment seeks to achieve. If £3,000 is too much, what would be acceptable?

Baroness Young of Old Scone Portrait Baroness Young of Old Scone
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I wonder whether the Minister might clear up a confusion that is arising in my mind. It strikes me that we are not talking about a cost that falls upon the builders of these homes, because it will be reflected in their price. The point we are making is that, if an additional cost of £3,500 would genuinely be passed on to the purchaser of the home, within a period of less than three years they would have recouped that amount and be in profit thereafter, for however long they stayed in that home. It is not about an undue burden on the builders, but about trying to remove an undue burden on the purchasers and residents of those homes in perpetuity.

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Moved by
55: Clause 62, page 28, line 8, at end insert “with the exclusion of—
(a) supported housing for older people;(b) supported housing units (including self-contained homes where floating support is provided for vulnerable people);(c) key worker housing (which includes self-contained flats subject to nomination agreements with third-parties);(d) units that form part of major regeneration schemes planned or already under way;(e) rural settlements;(f) homes built for charitable purposes without government grant and homes provided through s.106 agreements (agreements under section 106 of the Town and Country Planning Act 1990 (planning obligations)) requiring stock to be kept as social housing in perpetuity;(g) cooperative housing;(h) ALMOS (arms length management organisations); and(i) alms houses.”
Lord Beecham Portrait Lord Beecham
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My Lords, the Committee will now deploy its energies to the part of the Bill that deals with the extension of the right to buy. Clause 62 is prefaced by two lines identifying Part 4, “Social housing in England”, and Chapter 1, “Implementing the right to buy on a voluntary basis”. The effect of this part of the Bill will of course substantially undermine the provision of social housing in England and the voluntary basis on which the provision purports to rest will, I predict, prove temporary and will not survive the re-election of this Government, should that misfortune occur.

The radical changes to the provision of social housing by “private registered providers”, as the Bill terms the housing associations and kindred bodies which have played and are still playing a hugely important role in the provision of decent affordable homes for millions of people, will result, as has happened already in the case of council housing, in a substantial reduction of affordable homes to rent and a substantial increase in the proportion of private rented properties let at higher rents. One of the perverse effects over time is likely to be an increase in the amount of housing benefit paid to private landlords. The anodyne wording of the 53 lines that encompass this radical change belie their importance and their impact, as do the 14 lines of the so-called Explanatory Notes. It is a measure of the importance of the issue and of the concern it has aroused that it has stimulated the tabling of 16 amendments in this and the following groups.

Amendment 55 sets out a list of proposed exemptions from the provisions of Clause 62 which permit the Secretary of State, or at his direction the Homes and Communities Agency, the right to provide grants to fund the right to buy discounts. I would not normally read out such a list, but in this case the mere recital of the nine categories embodied in the amendment serves to reinforce the concern they have aroused. Unless they are excluded, the following will be subjected to the right to buy:

“supported housing for older people … supported housing units (including self-contained homes where floating support is provided for vulnerable people) … key worker housing (which includes self-contained flats subject to nomination agreements with third parties)”—

the latter, I interpolate, infringing on the interests of such third parties who would have no redress—

“units that form part of major regeneration schemes planned or already under way … rural settlements”—

about which I and others will have more to say both in relation to this group and the groups of amendments that follow—

“homes built for charitable purposes without government grant and homes provided through s.106 agreements … requiring stock to be kept as social housing in perpetuity”—

thereby interfering, I again interpolate, with freely negotiated arrangements unsupported by government funding—

“co-operative housing”—

completely undermining the ethos which led to its provision in the first place—

“ALMOS (arms length management organisations) and—

ironically—

“alms houses”.

Amendment 59B, also tabled in my name and that of my noble friend Lord Kennedy, adds “tenant management organisations” to this list, and one or other of us has subscribed to Amendments 57B, 57D, 66D, 67A, 68D and 69B. Underlying our support for these amendments are the fundamental concerns which have repeatedly been expressed about this Bill both outside and inside this House, and from all parts of this House. These include worries about the impact on communities of a reduction in affordable rented homes, and huge uncertainties about the number, location, cost and quality of possible replacements. In particular, there is opposition to the application by diktat of a one-size-fits-all policy by central government, exemplified by the inclusion of rural areas in the right to buy provisions in the social housing sector, even if this is initially, but I suspect temporarily, left to individual providers to adopt.

I ask the noble Baroness the Minister to say which if any of the list of categories of social housing the amendments identify should not be excluded from the provisions of this part of the Bill, and in each case why. She will no doubt say that it will be up to individual housing associations providing homes within any of the categories to decide whether or not to allow tenants the right to buy, but she must know that an expectation will have been created among some tenants, and it is not too cynical to suggest, their families, which it will become increasingly difficult to resist, thus in addition paving the way to converting a voluntary scheme into a statutory one, as has of course been the case with council housing. Moreover, that possibility in itself is surely likely to have a chilling effect on the willingness of the sector to invest in the provision of new affordable social housing.

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Lord Horam Portrait Lord Horam (Con)
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My Lords, it is very good to hear from the victor of 1983, if I may call the noble Lord that. It is also good to hear from my noble friend Lady Redfern, who speaks with the authority of a local authority leader.

I was rather disappointed by the rather gloomy tone taken by the noble Lord, Lord Beecham, and the noble Baroness, Lady Royall, earlier in the debate. Indeed, the noble Lord was uncharacteristically doom-laden. I know that the spirits of everyone who comes from Newcastle are entirely determined by the results of Newcastle United over the weekend, so from that point of view I can well understand his excessive gloom. As a supporter of Manchester United, I feel for him. What also worried me was a tone in his remarks which indicated so little trust in housing associations. I was there at the beginning of housing associations back in the 1970s, when I was chairman of a housing association called Circle 33, which is now part of the Circle Housing Group—I have nothing to declare, because I was directly involved in it a long time ago. However, I remember vividly the social concern which drove housing associations. Indeed, their critique was very much to deal with tenants and people who needed affordable housing at reasonable rates in a different and better way than local authorities dealt with them. Very often in Islington, where Circle 33 had its main operations, the local authority just turfed people out of areas and shoved them into quite different parts of London or the borough without any nem con.

Lord Beecham Portrait Lord Beecham
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Perhaps the noble Lord would take it from me that it is not housing associations that I do not trust but the Government.

Lord Horam Portrait Lord Horam
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I am sorry, but from the noble Lord’s remarks I felt that he showed a lack of trust in the motivation of housing associations. All the things he had down in his long list, which was almost Uncle Tom Cobbleigh and all—or perhaps the proverbial kitchen sink, which is rather more appropriate in the circumstances—would almost inevitably be taken into account by housing associations given the social concern they have at their call. Indeed, the noble Lord, Lord Best, pointed out that Hastoe, for example, has already ruled out having the right to buy in rural areas because it operates in rural areas. I understand these concerns—clearly, they are very real. For example, we understand the problems associated with supported housing units, co-operative housing, rural settlements and regeneration schemes in large urban areas. These are all real issues, which the House is absolutely right to draw to the Government’s attention. However, they are also absolutely the things that housing associations themselves are concerned with. Indeed, I cannot imagine a housing association which would not take them into account when deciding whether the right to buy was appropriate in particular circumstances. Therefore although I understand the concerns expressed by the Labour Party and its spokesman today, and the Liberal Democrats, they have been excessively gloomy on this.

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Lord Young of Cookham Portrait Lord Young of Cookham
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The Government give the grant, but—I think this is the point the noble Baroness is making—they get the money from the local authorities which sell high-value assets. But it is the Government who give the grant to the housing associations.

The key thing about the voluntary agreement is that, while the tenant has a right to buy, the housing association has a right not to sell. Although there are lots of signals to housing associations in the amendments about what we in this House might not want them to sell, they have something much stronger than a signal from the Government: they have an absolute right not to sell anything.

If one looks through the amendments, which seek to exclude grants from certain types of property, and one then looks at the voluntary agreement the Government have gone into with the housing associations, one sees that specific reference is made to categories in many of the amendments. For example,

“properties in rural locations as defined by Section 17 of the Housing Act 1996”,

are listed in the agreement between the Government and the national federation as circumstances where discretion may be exercised not to sell. Likewise, supported housing—housing adapted specifically for people with physical disabilities—is listed. Almshouses are also in the list as properties which are not expected to be sold. So, in a sense, it is a question of whether we trust the housing associations, which are right at the sharp end of the fight against homelessness and all the other challenges, to use the discretion sensibly, or whether we try to fetter their discretion in a series of amendments which run the risk, as the noble Lord, Lord Best, has mentioned, of reclassifying housing associations as public bodies. There would have been a huge risk of that if we had gone down the statutory road, but even fettering the discretion by way of these amendments runs the risk of the ONS in turn reclassifying housing associations as public bodies.

I notice that the noble Lord, Lord Beecham—

Lord Beecham Portrait Lord Beecham
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The noble Lord perhaps anticipates my intervention. If it is seen fit to include some categories, which the noble Lord has referred to, as ones that should not be sold, why not others?

Lord Young of Cookham Portrait Lord Young of Cookham
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Because the housing associations have total discretion to include any category they wish, but there are specific categories many of which mirror the exemptions for local authorities. If one goes through it, one sees that it is a very sensible list of exclusions. Some of the amendments go far too far; for example, one amendment would exclude from the right to buy properties where there is a TMO, a tenant management organisation. I am a huge fan of tenant management organisations—they are a real success, both in the local authority and in the housing association world—but to exclude from the right to buy tenants living in properties run by a TMO is an amendment too far.

Likewise, another amendment seeks to exclude from grants properties covered by Section 106, even where the local authority agrees to waive the restrictive covenant. It would be a major exclusion from the policy if all Section 106 properties were to be excluded from a grant from the Government, as it would deny the legitimate expectations that many housing associations have. Can my noble friend the Minister shed some light on where we are on Section 106?

On the portable discount, the noble Lord, Lord Kerslake, said that it would be more expensive if it was open-ended. The cash discount that the tenant received would be exactly the same whether they bought a property from a housing association or whether they bought it on the open market. It is no more expensive than what is already proposed, so I would challenge that view. If the noble Lord is referring to the overall cost to the scheme, he will see that that is already potentially capped by the voluntary agreement according to the resources available.

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Lord Young of Cookham Portrait Lord Young of Cookham
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Whichever route one goes down, whether the discount is available in the open market or restricted to housing association properties, it comes out of a pot of money which is going to be restricted in any event, so I am not sure that the noble Lord’s point is entirely valid.

The noble Lord, Lord Beecham, started his remarks with a prediction that this voluntary agreement would not survive a change of Administration.

Lord Beecham Portrait Lord Beecham
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It is the continuity of the Administration that bothers me.

Lord Young of Cookham Portrait Lord Young of Cookham
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I remember similar predictions being made back in 1979, when we introduced the right to buy for local authority tenants. It was fiercely opposed by the Labour Party; we were told that it would not survive. Some 35 years later, it is still there, after 13 years of a Labour Government. So I predict that the voluntary agreement will survive beyond the lifetime of this Government.

At the end of the day, the key point is this: it is not a question of trusting the Government; it is a question of trusting the housing associations. They have a total discretion not to sell. There are many people in your Lordships’ House who have run housing associations. I have every confidence that they will use sensibly the discretion given to them, in the long-term interest of tenants. Some housing association members will be slightly alarmed by the tone of some of this debate: that somehow, housing associations will not use that discretion sensibly and in the long-term interests of those in housing need.

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Lord Beecham Portrait Lord Beecham
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Does the noble Lord suggest that this should be like-for-like replacement?

Lord Shipley Portrait Lord Shipley
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The noble Lord takes the words out of my mouth, because my second safeguard is that there should be like-for-like replacement in the same area. That involves a similar type and requires the same level of affordability and the same tenure. There should be a requirement to have like-for-like replacement in the same area unless the local authority concludes that there is no need for like-for-like replacement, given its knowledge that there is greater demand for bigger or smaller homes, for example.

We have heard a number of warnings about the impact of council house sales on the buy-to-let market. As the noble Baroness, Lady Hollis of Heigham, made clear, 40% of council-home sales have gone to buy to let. I hope that the Minister will be exceedingly careful about this. There are opportunities on other amendments to talk further about that.

There are two other things that the Minister needs to bear very carefully in mind. The first is that councils should not end up paying tithes to central government for high-value empty properties that are not empty—in other words, notional taxation. The second is that councils should not have to pay tithes to central government for properties which may be high value but which are needed for rent.

We shall look at that issue at greater detail on Amendment 66E, but the point is that we need a very clear definition of what the Government think a high-value property is. I had assumed, until quite recently, that high value was a market value in absolute terms, but I understand that government thinking, in terms of writing the regulations, is that there will be a definition of high-value for one-bedroom properties, for two-bedroom properties, for three bedrooms and for four bedrooms and more. We have to understand exactly what the Government’s exact thinking is on the definition of high value.

I remind the Minister of a point I made when we had our Question for Short Debate a little while ago. I feel very strongly about the need to protect the rights of larger families to rent larger council homes. By their very nature, larger properties tend to be higher-value properties. I hope that we will not end up in a position in which houses with larger bedrooms, needed by larger families, are sold off into owner-occupation when there is demand for them. Larger homes—and homes in other categories which have to be considered—will have to be protected as rentable stock.

So there are a number of questions for the Minister. I agree with the noble Lord, Lord Porter, about the need not to sell off council homes—again, we are into Amendment 66E at this point—because I think that local authorities ought to have the right to decide whether a property should be sold off. Most properties, surely, are not surplus to a council’s requirement. The prospect of high-value council homes, which may be essential in a local area, being sold off, with the result that a potential tenant who needs to rent that property will be denied the opportunity to do so, I regard as a scandalous potential outcome of this Bill.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I repeat that we will have full opportunity to discuss those points in future groups of amendments. I am trying to accommodate the House in moving towards the dinner break business. This has been an extremely long debate; I do not in any way wish to divest myself of my responsibilities for answering these points, but I ask that we address them in their groups. I am very happy to answer the noble Baroness’s questions.

Lord Beecham Portrait Lord Beecham
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In that same spirit, perhaps the Minister will confirm that we will have the information on starter homes before Report.

It is interesting to look at what the impact assessment says about the right to buy for the housing association sector. It says:

“Primary legislation is also required to monitor how these opportunities are being adopted so potential homeowners can hold their housing association to account, if necessary”.

That is an interesting perspective on the degree to which the Government trust their partners in the housing association sector.

More important, however, is the next paragraph, which purports to outline the impact of intervention:

“The Government expects the clauses within the Bill to facilitate housing associations offering home ownership opportunities to their tenants. Without the legislation, the Secretary of State, or the Greater London Authority would not be able to compensate a housing association for the cost of the discount … The Government will issue a prospectus setting out more detail of the scheme in due course”.

There is not a word about the impact of the Bill on the number of homes that might be transferred by housing associations, the amount of money that will be received by the associations or, indeed, where it comes from. That is not an impact assessment; it is an announcement about the objectives of the policy. I shall return to this theme, I am afraid, in later amendments. I do not blame the Minister for this, but it is a pretty poor effort.

The Minister rightly referred to people’s aspiration to own their own home, and it is true that a very high proportion of people have that aspiration. But if that aspiration is to be fulfilled, it should not be at the expense of those who cannot afford to buy their home and who need to rent. We know what has happened to property sold under the previous policy of the right to buy council housing. As my noble friend has said, 40% of those houses are now not owned by aspiring owner-occupiers; they are owned by aspiring buy-to-let landlords who let out the property at much higher rents and at greater cost to the public purse than would otherwise have been the case because of the way in which housing benefit works. It is not, therefore, a simple case of catering to that need, as if there were no potential adverse consequences.

The Minister also referred to the opportunity for older and disabled tenants to buy their properties. However, these properties are very often purpose-designed and, as she said, fitted out for a particular purpose. There is nothing to ensure that after the original purchase, those properties will remain available for older people and people with disabilities. They could simply disappear and the people who would have had the benefit of those facilities may not get them.

The noble Lords, Lord Best and Lord Horam, talked about the risks of reclassifying these properties as part of the public sector, the implication being that this would have devastating consequences because it would somehow increase public indebtedness and the like. But the money is not going into thin air, it is going into assets. The assets will remain on the balance sheet. This is a phantom criticism, it seems to me, of the objections to the way in which the Government have proceeded.

We entirely support all the other amendments moved by the noble Lords, Lord Best and Lord Kerslake. I am disappointed that the noble Lord does not see the merit in Amendment 55, but I think that the arm of the housing association sector is going to be twisted. Indeed, the rather minatory words that I quoted from the impact assessment contain that implication—that pressure will be put on those housing associations. The noble Lord, Lord Porter, my successor—I was the first chairman of the LGA and the noble Lord is the current chairman; quite for how long remains to be seen but I suspect it may not end as quickly as I would like—was critical of aspects of what some of us have been suggesting but nevertheless made the very strong point that local authorities should not be expected to pay for this. I entirely endorse what he said in that respect.

Other issues have been raised. I do not propose to take much more time in winding up, but I would just like to refer to the noble Baroness, Lady Redfern, who is no longer in her place. She congratulated the Government on the basis that the Bill would get the country building. There is absolutely no evidence for that. There is no requirement even for replacement building, for example. There is nothing, certainly in what we are discussing today, which will encourage building, let alone building in areas where it is most needed, including the rural areas about which we have heard a great deal. The case for this arrangement has been far from adequately made in terms of the future impact on the housing needs of people who cannot afford to buy, who are having to pay extortionate private rents. Given that concern has been raised—I think by the noble Baroness, Lady Redfern, herself—about the unfortunate position of people who cannot afford properties, the reality is that there will be more of those people in rented accommodation than will be helped by this move.

I still take the view that while this is currently a voluntary deal, if ultimately the Government are not satisfied with the numbers—and of course we do not know whether they have a target number because there is nothing in the impact assessment to say what that might be—they will have recourse to legislation. I would be very surprised if that was not the case. The noble Lord, Lord Young, possibly slightly misunderstood me. My fear is that a second Conservative Government —or third Conservative Government, in effect; their former allies have dissociated themselves these days—would be driven to pushing further and requiring the same provision for housing association properties as they imposed 30 years ago on local authorities, with, in many cases, very adverse results. Having said all that, I beg leave to withdraw the amendment.

Amendment 55 withdrawn.