Levelling-up and Regeneration Bill

Debate between Lord Shipley and Lord Kennedy of Southwark

Committee stage
Monday 27th February 2023 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

I will just come back to one point. I was a bit puzzled by the Minister’s response to Amendment 69 in the name of the noble Lord, Lord Shipley. The Government are taking the power in the Bill to disapply the duty to allocate seats on the basis of political proportionality in the combined authority; they are disapplying that power. The noble Lord, Lord Shipley, was seeking to remove that provision so that, if a party had a third or a quarter of the seats, it would expect something similar on the Executive. When the Minister answered the noble Lord, Lord Shipley, he gave an answer that seemed to agree with what he was suggesting while justifying the position of the Government. It seemed perverse.

I know that there are to be proposals for a Nottinghamshire/Derbyshire combined authority. At the moment Derbyshire County Council and Nottinghamshire County Council are controlled by the Conservatives, and Derby City Council is led by the Conservatives. The only Labour council is Nottingham City Council. On the basis set out in the Bill, the three Conservative councils could get together, gang up on the Labour council and throw it out of the committee structure. That surely cannot be right. Why would a minority council join something if it could be ganged up on and removed from the executive? It would not; we want to bring people together. I know that the noble Lord, Lord Shipley, is trying to ensure that this problem could not happen. I do not follow the Minister’s arguments, which were in support of the noble Lord, Lord Shipley, but were used to say that we cannot have the amendment.

[Lord Shipley (LD)]

My Lords, perhaps I could help the Minister at this point by simply suggesting that we add this to the agenda of our meeting, which gets longer and longer as we speak. It is a very important issue, to which we should add the issue of whether the calculation of political proportionality applies to the membership of the CCA—those who are there—or the bodies that each of those members represents, on behalf of which they have been nominated to attend the CCA. You might get a different answer depending on which it is. To avoid a lengthy evening and discussion at cross purposes, perhaps the Minister will agree that we can talk about it around the table; it might be easier.

Non-Domestic Rating (Lists) (No. 2) Bill

Debate between Lord Shipley and Lord Kennedy of Southwark

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 4th February 2021 Grand Committee

[Lord Shipley (LD) [V]]

My Lords, I first remind the Committee that I am a vice-president of the Local Government Association.

The noble Lord, Lord Thurlow, has made some very salient points, notably that it is vital that urgent action is taken to help high street businesses by reducing their operating costs. I recall the noble Lord, Lord Thurlow, saying at Second Reading—and again today—that it would prove very hard to estimate rentable and hence rateable values for the traditional retail sector even with this deferral, because new lettings will for the time being be rare events.

When I spoke at Second Reading, I pointed out that retailers pay over a quarter of business rates in England and Wales. That is a very large amount of money, but it will now decline significantly as less is generated from high streets. There is, though, an immediate opportunity to even up business rate receipts by switching a greater burden from the high street to online businesses through the revaluation process itself, because we do not have a fair balance at the moment.

At Second Reading, the Minister said the Government would report in the spring on its fundamental review of business rates. He said he was

“sure that the fundamental review will look at alternative taxes to capture the shift in our shopping habits.”—[Official Report, 18/1/21; col. 1069.]

I welcome that and hope it happens, and I draw his attention to the potential for an e-commerce levy on online businesses.

As we have heard, the move online of Arcadia brands and Debenhams in recent days represents what seems to be an irreversible trend—but that cannot be allowed to mean lower rents and rates for online businesses at the cost of the high street. This proposed new clause would require an assessment of the impact of any business rates revaluation on local high streets to be undertaken within six months, looking in particular at the ability of high street retail outlets to compete with the huge retail businesses that operate online.

The timing could fit well—if the Government wanted it to—with the fundamental review of business rates, and I hope that they will take the opportunity provided by the amendment. It would be strongly and warmly welcomed by high street retail businesses because, as the noble Lord, Lord Thurlow, said a moment ago, the matter has become very urgent.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, Amendment 4, moved by the noble Baroness, Lady Pinnock, seeks to insert a new clause into the Bill which, as we have heard, would require an impact assessment of the timing of rates revaluations on local high streets and, importantly, would look at the impact on their ability to compete with businesses that operate online.

We have a serious problem with our high streets. The problem was in many cases a crisis before the pandemic, as we have discussed today on previous amendments. We can all point to the closed and boarded-up shops in areas that we know. The pandemic has created an even more serious problem for high streets and has put many businesses at risk. We need action from the Government to deal with all the issues that are destroying our high streets and our shopping parades.

We will all have seen the news that Boohoo is purchasing Debenhams and that ASOS is purchasing Topshop, but they are purchasing the names and not continuing with their high street presence. Why they are doing that is the question we need to look at. Clearly, they have taken the view that they do not need, or that it is too expensive to operate, a high street presence. This is why urgent action is needed. The issue with online retailers needs to be addressed. It has been discussed in the other place. My honourable friend the Member for Manchester Central, Lucy Powell MP, has said:

“The pandemic has accelerated changes to the way we shop, yet the government continues to disadvantage bricks and mortar businesses against online companies … The support on offer for struggling business has been a series of sticking plasters. Unless the Government puts in place a long-term plan to help high street businesses survive this crisis and recover on the other side, we will see more well-loved high street names vanishing, and many more jobs lost.”


I could not agree more. I also agree with the noble Lord, Lord Thurlow, that we need vibrant, healthy town centres. As he said, the power to help the high street is in the hands of the Government. I hope the Minister will address that point.

Fire Safety Bill

Debate between Lord Shipley and Lord Kennedy of Southwark

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tuesday 17th November 2020 Lords Chamber

[Lord Shipley (LD) [V]]

My Lords, I remind the House that I am a vice-president of the Local Government Association. I strongly support this group of amendments, and it is good to see cross-party support for them.

At previous stages of the Bill, I spoke on the importance of increased electrical safety checks. In view of what we are now hearing from the Grenfell inquiry, such checks of electrical systems and appliances in high-rise blocks are vital. As the noble Lord, Lord Bourne, said, there should be a safer home environment and we should be translating good intention to action. I strongly agree. He reminded us that almost half of domestic fires relate to an electrical fault, and also of the precedent of a register of electrical equipment in student housing blocks.

The noble Lord, Lord Randall, made a number of points on second-hand electrical equipment, which I hope the Minister will note. The noble Lord, Lord Whitty, explained that the cost is minimal. This derives, in part, from the speech of the noble Lord, Lord Best, in Committee, where he identified how the cost could be much lower than people had thought. My noble friend Lord Tope called for a clear commitment from the Minister on what action the Government are proposing and when they are proposing to implement it.

It has been said that the legislation will be complicated to enforce. The noble Earl, Lord Lytton, made a number of detailed points about the responsibilities of leaseholders and those with other kinds of tenure. I hope the Minister responds to those points, particularly in view of the distinction that may have to be drawn between systems and appliances. The points made by the noble Earl, Lord Lytton, will be very helpful in drafting regulations. He said that we need a cultural change; that has to be right.

The noble Lord, Lord Mann, has personal knowledge of living in a residential block as a private tenant. That experience will clearly be helpful to the proceedings of the House. He raised a number of important issues on design, which I hope the Minister will note.

It is important to understand the issue properly. It is surely the right of tenants and leaseholders of high-rise blocks to feel more secure. This is a public safety issue. I cannot understand why checks are required in the private rented sector but not for high-rise blocks, except where the property in that block is privately rented. I hope that we hear something helpful on this from the Minister in a moment.

Finally, there is going to be a responsible person. I am fully in support of that, but such a person needs responsibilities to undertake. This group of amendments presents some responsibilities that seem central and core to the duties and obligations of a responsible person. For that reason, I fully support this group of amendments.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as this is the first time I am speaking on Report today, I refer the House to my relevant registered interests—namely, as a vice-president of the Local Government Association, chair of the Heart of Medway housing association and a non-executive director of MHS Homes Ltd. I support the Fire Safety Bill. My main concern across the whole Bill is the speed with which we are moving forward. That is the main issue for me with this and other amendments.

I fully support the amendments before us today in the names of the noble Lord, Lord Bourne of Aberystwyth, and other noble Lords. I tried to sign up to these amendments, but I was too late; all the spaces had already gone when I contacted the Public Bill Office. I have made it clear to the noble Lord, Lord Bourne, that he has my full support, and I pay tribute to him for raising these issues, as he did on 29 October during the consideration of the Bill in Committee. I also put on record my admiration for the charity Electrical Safety First, and Robert Jervis-Gibbons and his colleagues, for all the work they do to highlight the danger of electrical fires to both property and people. Through their campaigning work, we have managed to make progress in recent years in the area of fires started by electrical ignition.

In speaking in this debate, noble Lords mentioned the fires at Lakanal House in Southwark, Shepherds Court in Shepherd’s Bush and Grenfell Tower—all examples of the tragedies that electrical fires can cause. We need to ensure that action is taken. As has been clearly set out to the House, these amendments are intended to build on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which provide for mandatory checks in the private sector every five years. Those regulations were good news, and the noble Lord, Lord Bourne of Aberystwyth, deserves credit for all his work in bringing them into force.

What now needs to be addressed is the tenure lottery that has been created, as private tenants in a building will be covered by the regulations but social tenants and owner-occupiers will not. There are three types of tenure, but only one would be required to have electrical safety checks. You can see the problem: if you have a block of flats but only some of the properties are tested, covered and confirmed as safe, or have remedial work that is needed and undertaken, but others are not checked, the building is then not safe. How can some properties be required by law to be checked, when others are not? That has to change. I suggest that, to be certain the building is safe for all dwellings, it would need to be checked by a competent person. If it is for only some of the dwelling, you cannot deem the building to be safe.

The amendments before us also provide for a responsible person, which is a new role that I fully support, to be brought into being to compile a register of every white good in a building. This would ensure that, when a recall of a product occurs, we can quickly identify all the affected appliances and the safety issue can quickly be resolved. This does not take away responsibility from the people who sell the appliance or the manufacturers, but it is another important safety measure.

The Government may take the view that they cannot commit to this, at this stage. The noble Lord, Lord Bourne, has not indicated that he wishes to test the opinion of the House, but I hope to have a considered opinion from the noble Lord, Lord Greenhalgh, on these important amendments. I also hope that the noble Lord and his team will look at what goes on in other parts of the world—certainly in Australia—where there are much stricter regimes about electrical white goods than elsewhere. They need to be looked at because, clearly, if this can work in other parts of the world, it can work here. All these amendments are about keeping people safe, and I fully support them.

Fire Safety Bill

Debate between Lord Shipley and Lord Kennedy of Southwark

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 29th October 2020 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am very happy to move this amendment on behalf of the noble Lord, Lord Porter of Spalding. I shall speak to Amendments 14, 19 and 23, in the name of the noble Lord, Lord Porter, and also to Amendment 22, in my name, in this group.

For many years, the Local Government Association has been calling for councils and fire services to be given effective powers and meaningful sanctions to ensure that residents are safe, and feel safe, in their homes. This is an absolute priority for councils. The introduction of the Fire Safety Bill is welcome, and I hope it is an important step in the right direction. But there is concern about some of the practicalities of the Bill, which has led to the noble Lord, Lord Porter, tabling Amendments 14, 19 and 23.

Many building owners, including councils, will need to review the fire risk assessments on their properties as a result of this Bill. It is right that they do so, because where cladding systems are on residential buildings, we must be sure that they are safe and that appropriate measures are in place if they pose a risk. It also takes forward one of the recommendations of the review of the Grenfell Tower inquiry. To make sure that this new duty can be delivered, we need to ensure that there are enough specialists to review the cladding systems. It has become clear that there is likely to be a significant shortage of assessors to carry out these reviews. Indeed, many of those qualified to conduct normal fire risk assessments do not have the specialist skills necessary to include external wall systems in a risk assessment. Insurers are also reluctant to provide professional indemnity cover for this sort of work. This leads to several potential problems. First, responsible persons, including the councils, may be unable to fulfil their obligations under the Bill. Secondly, there is a risk that a demand/supply imbalance drives up the cost of assessments, adding to the burdens on the housing revenue account or the taxpayer. Thirdly, if owners with sufficient resources pay the higher cost to get all their buildings assessed, irrespective of the risk to residents, high-risk buildings with less well-off owners will be left at the back of the queue—and that queue could last for some years. Finally, delays in some buildings obtaining fire risk assessments could compound the problems caused by the inability of residents to obtain EWS1 forms and the consequent effects of this on mortgage applications, even in buildings that have safe cladding systems.

The amendments of the noble Lord, Lord Porter, seek to ensure two outcomes: that responsible persons are protected in law, where they are genuinely unable to review their fire risk assessments, and that higher-risk premises are assessed before lower-risk premises. The precise method of doing this will be set out in the code of practice. It will rely on risk assessment tools which take account of the various factors that increase the risks fire poses in a block of flats—for example the height, if they have sprinklers, and the number of escape routes. This is being developed, as we know, by the National Fire Chiefs Council and the Fire Industry Association.

This tool should allow buildings to be placed in various categories of risk, with each category to be given a different level of priority and a different deadline to complete its assessment. In order to get these effective deadlines, the Government need to undertake research to establish a clearer picture of the number of buildings likely to be affected in different categories and the number of assessors available. This is unlikely to happen before the Bill commences, so either the Bill needs to be delayed or deadlines need to be capable of being changed relatively quickly.

A balance will have to be struck between commencing the Bill as soon as possible, so that the fire service can use its powers, and assessing the disparity between the number of fire risk assessments that will need be reviewed and the capacity of the fire risk assessment industry to do so. Parliament needs to make this judgment, and the amendment in the name of the noble Lord, Lord Porter, includes a requirement for the approved code of practice to be laid before both Houses for scrutiny.

The tragedy that unfolded at Grenfell Tower must never be allowed to happen again. We need a building safety system that works. The amendments in the name of the noble Lord, Lord Porter, seek to ensure that, on the issue of fire risk assessments, we have a practical set of proposals agreed by this House. I hope that the Minister will respond positively and I am very happy to move the amendment on behalf of the noble Lord. I beg to move.

[Lord Shipley (LD) [V]]

My Lords, I support the amendments in this group and I acknowledge the sterling work done by the noble Lord, Lord Porter, over the past three and a half years to improve building safety following the Grenfell fire. The central aim of the amendments is to ensure that resources are used to best effect in reviewing the fire risk assessments required by the Bill. The criteria for prioritisation must be based on anticipated levels of risk, so the process and the code of practice outlined by the noble Lord, Lord Porter, seem appropriate to meet this objective. That said, I hope the Minister has understood the concern of many speaking today that improving fire safety needs faster outcomes, and that nothing in this group should mean longer delays for assessments that are felt to be less urgent.

Finally, Amendment 22 is obviously key to the delivery of the intentions behind this group, because it requires sufficient fire safety inspectors to be available, as the noble Lord, Lord Kennedy, has emphasised. It is a clear duty of government to ensure that enough qualified inspectors are available, and I very much hope the Minister will shortly confirm that this is indeed the Government’s intention.

Business and Planning Bill

Debate between Lord Shipley and Lord Kennedy of Southwark

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Shipley [V]]

My Lords, I shall speak briefly to Amendment 56. I spoke in Committee on the need to avoid any unintended consequences of extending construction hours. There will be cases where an extension is entirely justified, and we should support that. But it is reasonable to expect that an impact assessment from the applicant with a description of how any adverse impact can be mitigated is provided. Secondly, an assessment of any impact on the environment and how that can be mitigated should be produced. Thirdly, there could be an explanation of any mitigation that would be put in place to minimise disturbance, particularly where a construction site is close to houses and other local buildings. To be clear, these need not be complex requirements and they should in practice speed up the process if that process is followed effectively. That would help the planning authority.

As the noble Lord, Lord Balfe, said, we do not want to undo the good that has been achieved by the planning system. Where there have been agreed planning permissions and where restrictions have been put in place, those restrictions and conditions will have been justified and should not be undone.

[Lord Kennedy of Southwark]

My Lords, when I first spoke this evening, I should have mentioned that I am a vice-president of the Local Government Association, so I mention it now for the record. I will be very brief. If the amendments of the noble Lord, Lord Lansley, are successful, I will be the first to congratulate him.

In respect of meetings of mayoral development corporations, I am pleased that the Government listened to the points that I and other noble Lords made, and I thank them. I have only one question: can the Minister confirm that, when we agree the government amendments tonight, they will come into effect on Royal Assent and the required regulations will be laid quickly so that we do not have to wait for weeks and weeks before they can take effect? With that, I am happy to give way to the Minister.

Business and Planning Bill

Debate between Lord Shipley and Lord Kennedy of Southwark

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Shipley (LD) [V]]

My Lords, my name is attached to Amendments 52, 54 and 79. The noble Baroness, Lady McIntosh of Pickering, has made an excellent case for Amendment 52. I also fully support the amendment in the name of the noble Lord, Lord Randall of Uxbridge. These amendments are all broadly similar. It is important that no applications are permitted for changes to existing conditions if they are there to reduce, remove or limit environmental impacts. Existing conditions are in place as a consequence of detailed planning consideration at an earlier date. Such restrictions, agreed or imposed then, should not be affected by this legislation and I seek the Minister’s confirmation that my fears that they could be are completely unfounded. Amendments 52 and 56 would solve the problem and I hope that the Minister feels able to accept them.

Amendment 54, in my name and that of my noble friend Lady Pinnock, is about fees charged by local authorities. It proposes a fee for extended construction hours, up to a maximum of £195, which is a reasonable figure to write into the Bill. The principle is that councils should be able to recover their costs. It does not need to be about profit, but it must ensure that the direct costs of processing, assessing and agreeing an application are achieved. Neither does it need to be about full cost recovery, if that includes councils’ general overheads. The principle of recovery of direct costs for an application is a reasonable conclusion to reach.

Amendment 79, proposed by the noble Baroness, Lady McIntosh, would ensure that any further regulations made by the Secretary of State would require scrutiny through the affirmative procedure. That is the right approach and I fully support it.

[Lord Kennedy of Southwark]

My Lords, I thank the Minister for his announcement of the concession that the Government will bring forward an amendment to address the issues which I raised on Amendment 73. We had a very productive meeting with the noble Baroness, Lady Penn, and the noble Earl, Lord Howe. We made some points, the Government listened and I am very grateful.