Levelling-up and Regeneration Bill

Lord Wigley Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Lord Wigley (PC)]

My Lords, I too congratulate the maiden speakers, and congratulate the noble Lord, Lord Holmes of Richmond, on the concise and clear way in which he outlined four points in just four minutes —perhaps an example to us all.

I want to address the way in which this legislation impacts on the devolved Governments. I will start with three basic points. First, there is a huge disparity in wealth between south-east England on the one hand and many parts of northern England, Wales and Northern Ireland. Strategies of successive Governments have failed to close that chasm. It is not just the fault of Westminster Governments: the failure of the Welsh Government to use EU structural funds in a strategic manner is also open to criticism.

Secondly, if there is to be a new strategic approach rather than a mishmash of palliatives, that strategy has to be co-ordinated between the various tiers of government.

Thirdly, areas offered financial help for a worthwhile project will, obviously, jump at the chance. However, having positive responses from local areas does not guarantee provision of a coherent, overall strategy. That needs a co-ordinated approach at all levels of government.

The Bill does not appear to provide new resources. If much-needed new money is available, it surely must be prioritised in co-operation with the devolved Governments.

Amendments are needed for safeguards to be written into the Bill to clarify whether the powers arising from it have implications for the devolved nations. The portfolios devolved to Wales include responsibility for housing, roads and planning—all central to this Bill. In Parts 1, 2, most of Part 3, and Parts 4 to 8—as well as in other parts—the Bill includes many provisions for the UK government Minister to take initiatives which may apply to England and Wales. Furthermore, Clause 218 appears to give the Secretary of State powers to amend an Act of Senedd Cymru or of the Scottish Parliament. Clause 83 places a duty on the Secretary of State to “consult” devolved Administrations, but there is no need to secure the agreement of the Welsh Government. Let us be clear. The functions central to the Bill are either devolved to Wales or they are not. If they are devolved, the English Minister has no right to interfere with them. There are, of course, responsibilities in Wales which still rest with Westminster, such as the police and broadcasting. Their devolution to Wales would certainly be very welcome.

If new money is eventually available, everyone will want to benefit from any funding they can obtain to deliver their programme. No one should be blamed for trying to get a share for their own square mile. However, the truth is surely that the economic regeneration of our communities will never be built on the sandy foundation of handouts and giveaways. It must come back to the old Chinese proverb that if you give a man a fish, you feed him for a day; if you teach him to fish, you feed him for a lifetime.

Surely northern English cities, like our communities in Wales, need assistance to enable them to help themselves. They need the capacity, skills, training and vision to want a better future and to drive the work that will secure it. Levelling up will happen as a consequence of such investment. It comes at the end of the process which gives local communities the vision and confidence to believe in themselves and to desire to build a better future. The UK Government can help them in this process but not, I fear, adequately through the Bill. They need an enabling Act, harnessing the powers, skills and vision of local communities and giving their locality, as of right, the authority to act for itself. They need provisions that enable them to help themselves, not to depend on handouts. The Bill fails to deliver such a coherent approach.

Levelling-up and Regeneration Bill

Lord Wigley Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

With those brief remarks, I believe that each and every one of the amendments in this group is extremely important. There is an urgency to SUDS being implemented by Schedule 3 to the Flood and Water Management Act 2010. It should be implemented this year rather than delayed to next year. There is an urgency to completely preventing future housebuilding on flood plains. It is vital that, as Amendment 245 sets out, water companies become statutory consultees so that, where there is no way of connecting a major housing development to existing infrastructure, the water companies should be allowed in the terms of the price review, which is every five years, to make the relevant investment they are required to make. I beg to move.

[Lord Wigley (PC)]

My Lords, I rise to speak very briefly on this matter. I welcome the amendment being proposed by the noble Baroness, and the comments that she has made. I have not been intervening very much on most of this Bill, particularly those parts, like most of these, that apply to England only. But of course, with regard to drainage, water flow and rivers, there are cross-border issues.

The noble Baroness kindly referred to some of the progress that we have made in Wales on some of this, which of course we welcome, but goodness knows there is much more that needs to be done in Wales as well as in England. In any work that is undertaken in England this way, the co-ordination between what happens in England and in Wales on these matters is of vital importance. Therefore, I believe that the noble Baroness has, in a number of these amendments, put her finger on matters that are important in Wales as well. We have to deal with certain aspects of those ourselves, but we also have to co-ordinate where that is appropriate.

[Baroness Hayman of Ullock (Lab)]

My Lords, I stand to introduce my Amendment 240, and also to speak briefly in support of the amendments tabled by the noble Baroness, Lady McIntosh of Pickering.

My Amendment 240 is on flood prevention, mitigation certification and accreditation schemes. The reason I have tabled this amendment is that it does concern me that, when we have areas that have suffered major flooding, with both residential and business properties damaged, often the incentives to “build back better”—to put in flood mitigation and systems such as, in a residential building, a different sort of kitchen, different flooring, flood doors and so on—have not always been the eventual outcome when repairs have been done. It is also about the actual standard when they are put in: what kind of standard are the building repairs, which are being paid for by insurance companies? Whenever there is a major flooding event, insurance companies have an enormous amount of work to do, and we should thank them for that. Most insurance companies work very hard to provide a good service. But we have to be careful to make sure that all the equipment and facilities that are available are of the right standard and that appropriate mitigation is being put in place, which is why I have brought my amendment forward.

On the amendments of the noble Baroness, Lady McIntosh of Pickering, I just wanted to make a few comments. Her Amendment 231 is about sustainable water management and sustainable drainage; I know this is a topic that is very close to the noble Baroness’s heart, and I completely support her on what she is trying to achieve through this. We know that sustainable drainage systems—SUDS—can play a pivotal role in ensuring that new properties are built in a way that manages surface water flood risk at a local level. We also know that the Government have a really good policy on SUDS under the Flood and Water Management Act, which the noble Baroness referred to. I think the frustration is that we now need the Government urgently to implement this, so that we can benefit from the announcements. The Government announced in January that it was going to be mandatory in all new developments, so we need to crack on with the implementation of this. We would very much support the noble Baroness’s amendment on that.

On the noble Baroness’s Amendment 232, on basically not building any more on flood plains, we again strongly support the noble Baroness in her efforts to achieve this. We know that the insurance industry, through the ABI, has been calling for the Government to ensure that there is no inappropriate development on flood plains and flood risk areas, and also that we need a more transparent planning application system in regard to this. One of their asks is that the Government link future residential and commercial developments to the building regulations approved documents. Again, it will be interesting to hear the Minister’s thoughts on that.

This Bill is also reviewing the National Planning Policy Framework, so we think that brings forward an opportunity to really set how this should happen, to ensure that we do not get inappropriate building. I remember there was one case when there was a large flood—I live in an area that floods—and there was a new development called “Water Meadows”. After the flooding had gone away, it was called the “Meadows”. That was very disingenuous of developers, and I think we need to get to grips with this. If the noble Baroness wishes to put her Amendment 232 to a vote, we would be very happy to support it.