English Devolution and Community Empowerment Bill Debate
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Main Page: Mike Reader (Labour - Northampton South)Department Debates - View all Mike Reader's debates with the Ministry of Housing, Communities and Local Government
(1 month, 4 weeks ago)
Commons Chamber
Mike Reader (Northampton South) (Lab)
I cannot understand how anyone could speak against the Bill. It presents a real opportunity to do something different in our local communities. Northampton has been under a unitary system for five years now, after the Conservatives bankrupted our county council, and no one there has ever said to me, “I wish we had more councils and councillors.” People want simplicity, and that is what the Bill delivers.
The Bill also delivers accountability. My hon. Friend the Member for North Somerset (Sadik Al-Hassan) talked about the personal accountability of councillors. In my area, the former Conservative leader had to stand down because of domestic abuse charges, and a former Conservative cabinet member is in court on abuse charges alongside men who are charged with abusing children, so I would say that more accountability for our local councillors and politicians is very important.
The Bill drives growth. I speak to investors who want to come to the Oxford-Cambridge growth corridor. They have heard the Chancellor talking about the opportunities in our region and think, “There is no single voice that I can speak to, but I can go to West Yorkshire, South Yorkshire or anywhere else around the country with a big mayoral authority and find someone who is championing growth.”
Mike Reader
They may well come to London. Meanwhile, in the Ox-Cam corridor and the south midlands region, we are struggling for a single voice that is speaking out for our area. That is what devolution will deliver for us.
Devolution also saves costs. I am sure that all Members have read the detailed analysis in the Library briefings, but PwC also estimates that it will save between £500 million and £700 million a year for taxpayers. It would be absolutely bananas to vote against something that would reduce people’s tax bills.
There are some great local benefits for Northampton. I will not talk about devolution, because the Minister knows my strong views on the issues that I face. One that I will not let slip through here is e-scooter licensing. We have had a long-running e-scooter trial in Northampton. Every single month, people complain to me about scooter-litter. It is important that local authorities be able to better control those licensing agreements and hold the scooter companies to account for ensuring that scooters are in the right place.
Deirdre Costigan (Ealing Southall) (Lab)
We in London also face a proliferation of e-scooters and e-bikes. The last Conservative Government absolutely failed to take any action on that. Does my hon. Friend agree that it will make a huge difference to Londoners that Transport for London will now have the power to hold those companies to account and clear the pavements?
Mike Reader
I could not agree more. I cannot imagine how anyone can deal with the myriad companies working across London. Having just one in Northampton is challenge enough—although it is a good company.
Local ownership is central to the Bill, and community right to buy will be fantastic. People have talked about pubs, but a number of different community organisations that have come to see me in the past year—the Nigerian Community Association, the Albanian Cultural Association and our local Ukrainian school—are looking to take derelict local properties and turn them into great community hubs. The Bill would give them more powers to take on those community assets and create great places in Northampton.
The Bill protects small businesses. For retail businesses on Wellingborough Road, Kettering Road in the town centre or one of the shopping parades, the removal of upward-only rent reviews will mean that shop owners have more security and protection under this Government.
Overall, I am very excited about moving power out of Whitehall and into local communities. Honestly, having listened to the debate for a good three hours, I cannot understand how anyone could possibly vote against the measures.
English Devolution and Community Empowerment Bill (First sitting) Debate
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Main Page: Mike Reader (Labour - Northampton South)Department Debates - View all Mike Reader's debates with the Ministry of Housing, Communities and Local Government
(1 month, 2 weeks ago)
Public Bill Committees
Miatta Fahnbulleh
Q
Catriona Riddell: What is set out in the Bill is going to help to develop things more quickly. We have just talked about viability; that is such a massive factor in everything that we do at the moment. In relation to strategic planning and spatial development strategy, I think the Minister for Housing and Planning, Matthew Pennycook, has referred to it as a spatial investment framework. If you look at it as that, and not as a big local plan, and if it does that role, that is going to set the precedent. It is going to say: “This is where we want to invest.”
They are also long-term plans; they are 10, 20 or 30-year frameworks. Again, that is to start building investor confidence in these areas. What is needed, in terms of building investor confidence, is leadership and that is where the strategic authorities can help. Some of the planning mechanisms in the Bill are really important, but actually, it is more about the wider powers, such as the convening powers and the duty to talk to your neighbouring mayor—the sum of the parts has to add up to a national picture. We do not have a national spatial framework in this country, so the sum of the SDSs has to add up to that national picture. I think the softer powers in the Bill that mayors and strategic authorities will have to bring together stakeholders will be really important.
I would say the measure needs to go further. My understanding of the convening powers is that they are largely about bringing local authorities and the public sector together, but one of the biggest challenges we have is around the infrastructure side of things—with utility companies, such as water companies and electricity companies, that engage at the very end of the process. We need to use these mechanisms—the convening powers—to bring them into the plan-making bit about the spatial development strategy from the start, so that there are no surprises at the end and nobody says, “We don’t have enough water or electricity to plug into these new homes that we have already permitted,” because that is what is happening all over the place. This is about getting the system working up front, much further upstream, so that the decisions on planning applications are much easier further down. The strategic authorities have a huge role to play in that.
The only other, minor change I would mention is on national parks. I think that once we have gone through local government restructuring, all local planning authorities will effectively be a constituent member of a strategic authority. National parks will continue to be local planning authorities. They have plan-making powers and development management powers. At the end of this, they will be the only planning authorities that will not actually be part of the strategic authority, so I guess we need a shout-out to national parks and some thinking about what their role should be in this.
Mike Reader (Northampton South) (Lab)
Q
Ion Fletcher: That is a really good question. Yes, as currently drafted, the Bill applies to all commercial tenancies, regardless of whether they are on the high street or in an industrial park, a data centre or a laboratory.
Upward-only rent reviews have definitely been highlighted as an issue among high street small businesses and in the hospitality sector, and I have a lot of sympathy for businesses that have been on high streets and going through a lot of change and turbulence over the last decade or so. At the same time, they have not really been raised as an issue by occupiers in logistics parks or in office buildings. I guess the main reason is that property costs are a far smaller proportion of their total cost base than for retailers and hospitality businesses.
Larger businesses also tend to be well advised and are aware of the trade-offs that come with upward-only rent reviews. They can allow property owners to give a longer rent-free period, for example, or a bigger contribution to fit-out costs. There is definitely merit in thinking about how the Bill might be more closely targeted at those areas where there is perceived to be more of an issue.
Mike Reader
Q
Ion Fletcher: Apart from the targeting point, it is interesting to think ahead to what is likely to change about the way commercial leases are structured. What is quite common in other jurisdictions is that they are more closely linked to an index like inflation or construction costs, or they are stepped, so there are pre-agreed rents up front. I think that is what we are likely to see.
We also need to be mindful of the use of caps and collars. It is quite common in other countries, and even in the UK for some types of longer leases, for the rent to be tied to a particular inflation index that has a cap on it, so if inflation goes above 4%, the rent will not increase by more than that. Similarly, with a collar, if deflation were to happen, the rent would not fall into negative territory. I think there is huge value in having that sort of approach. It is fair to the occupier, who gets a cap on inflation-linked increases, and fair to the property owner, who gets a floor if inflation goes negative.
Mike Reader
Q
Catriona Riddell: In the engagement process, that will be another role for the strategic authorities. We have seen increasing use of tools such as citizens’ assemblies. If I were helping to set up a strategic authority, I would say that every strategic authority should have its own fully representative citizens’ assembly, not just for planning but to test out its policy and approach.
We have oodles of experience in how to engage. I have been involved in structure plans and regional spatial strategies. It is difficult to engage on high-level frameworks. That will be one of the challenges, because there are no site allocations in the frameworks, but there will be specific growth areas. The frameworks will have to provide the spatial articulation of the local growth plans, which is another of the challenges. They will have to set out where the economic priorities should be, and how they should be addressed in those areas. It is quite difficult to engage local communities on those matters.
Stakeholders will get engaged but engagement is going to be really important in how these plans are tested. Advice from citizen panels and things like that are really good methods because they get to build up more knowledge so that they are not starting green every time. You could use them from the start of the process, all the way through, and they are far more representative than the usual engagement: the consultation responses that we get through the planning process.
Ion Fletcher: Some really interesting stuff is going on with digital citizen engagement tools. At a strategic authority level, Liverpool City Region combined authority used Commonplace, a digital engagement platform. It helped the authority reach a far broader and more diverse audience than might otherwise have been the case.
Catriona Riddell: What Liverpool did is probably the right thing. “Spatial development strategies” is a very technical term. It is not an attractive proposition for local communities, so the combined authority went out and talked about place: how places are going to change and grow, and what the priorities are around climate and health—health was a big aspect of the authority’s emerging spatial development strategy. We need to change the conversation so that it is not technical.
Mrs Blundell
Q
Catriona Riddell: Yes. I am all for democratic accountability, but we have to make sure that it does not hinder the job that has to be done. There are different ways of working with local councils, rather than necessarily having them sitting on boards. More proactive engagement and co-operation will work better. Local government, generally, is good at that and the strategic authorities are going to have to get really good at that as well. They will have to learn how to engage with local communities, and how to use their democratic representation with the likes of housing associations, and in lots of other activities around housing.
One element of the Bill worries me. The Greater London Authority has been around for 25 years, and it is a massive organisation. It is struggling with its housing role, and a lot of the measures in the Bill around housing will replicate what the GLA has. I worry that even the established strategic authorities are fairly small and they will have to take on a very big role for housing delivery, and specifically for affordable housing. I am concerned that they might be biting off more than they can chew. Some of the housing delivery roles that are expected by the Bill might be a step too far, at least initially.
English Devolution and Community Empowerment Bill (Second sitting) Debate
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(1 month, 2 weeks ago)
Public Bill Committees
Mike Reader (Northampton South) (Lab)
Q
Tracy Brabin: I am the Mayor of West Yorkshire because there was not a one Yorkshire, so I would say that it is for local people to decide.
Donna Jones: The Government have made a commitment to have all of England in a devolved deal by 2029. If the Government want to deliver on that mandate, which they ran on in the general election, I think that they have no choice but to intervene.
Ben Houchen: I think we are now at a stage where Government need to force it.
The Chair
I am afraid that that brings us to the end of the time allotted. On behalf of the Committee, I thank all our witnesses for coming and answering the questions. We now move on to our next panel.
Examination of Witnesses
Andrew Goodacre and Allen Simpson gave evidence.
Mike Reader
Q
Richard Hebditch: Can we just say yes?
Naomi Luhde-Thompson: You need duties, because then it provides a framework. All those parts of the green economy have had no stability over the last few years because they have not known which way the policy has been going. If you provide stability in terms of a framework—“This is the direction of travel: we have to mitigate and we have to adapt”—and it is stable and long-term, then you know in which direction you are going.
The Chair
Thank you. That brings us to the end of our time for this panel. On behalf of the Committee, I thank you both very much for your evidence.
Examination of Witness
Sacha Bedding gave evidence.
Mike Reader
Q
The Chair
That was a request and not a question.
We come to the end of today’s session. Minister, thank you very much; I know that it has been a hard day for you.
Ordered, That further consideration be now adjourned.—(Deirdre Costigan.)
English Devolution and Community Empowerment Bill (Third sitting) Debate
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(2 weeks, 4 days ago)
Public Bill Committees
Vikki Slade
I thank the hon. Member for his intervention. I am not in the mind of the Government; I cannot understand why they would not want to embrace the incredible hard work of these volunteers in our communities who are already doing so much. But we are seeing, in every community, services handed down or at risk of closure, which are then only saved by the incredible work of the parish councils. It just strikes me as odd that we would not embrace the role of those parish councils.
Mike Reader (Northampton South) (Lab)
I would just point out—I will say this multiple times in this Bill Committee—that, as someone in an area that has become unitary, no one is ever saying, “We want more district, borough and county councils, rather than fewer.” We have to be careful not to suggest that there will be less engagement with the council because we are going to unitaries.
Could the hon. Lady set out what legal change to parish councils she is concerned about? What powers are they losing? I cannot see any change in a parish councils’ powers under the Bill.
Vikki Slade
No power is being lost, because parish councils have few powers in the first place. What we are suggesting—what we feel should be at the heart of devolution—is about consent: actually consulting those local organisations that have a role. They are tax-raising and grant-giving organisations. They are, in reality, taking on a lot of those services yet their voice is silent. We are not asking for their powers to be changed; we are asking for their voices to be heard. That is all that the amendment requires.
Mike Reader
I declare that I am Hampshire born and bred, being from Romsey. I just ask: why are we so disrespectful of a place like Brownsea island? If it is called “Hampshire and the Isle of Wight”, what about the great Brownsea island, the home of our native red squirrels? Surely “Solent” is more inclusive for all the other islanders who live in the area beyond the Isle of Wight.
Miatta Fahnbulleh
I say gently to hon. Members that we absolutely recognise the desire. I have had multiple conversations with the leader of Isle of Wight council, who was enthusiastic about this devolution deal. It is within the gift of constituent authorities to change their name; it is not for Government to impose. I hope that there is now a constructive conversation and relationship among the leaders of all the different parties. The leader is an independent politician, and I hope that in that spirit they will move forward.
I recognise the uniqueness of the name, but what really matters is what devolution will deliver for residents and constituent authorities. I hope that as much energy and time will be put into the nuts and bolts, the bread and butter, and the impact of what we are trying to do through devolution as will be put into the name. However, I recognise the particular sensitivities in relation to the Isle of Wight.
My hon. Friend the Member for Camborne and Redruth spoke about the issue of Cornwall. He has been a long-standing champion of Cornwall and its distinct identity. He has prosecuted the case incredibly effectively, not just in the context of this debate but across the piece. He is a proud Cornishman and I know that he wants the best for his constituents. I have put it on record in Committee, and I do so again, that we recognise the uniqueness of Cornwall. We are keen to continue engaging not just with my hon. Friend, but with other Cornish MPs, to ensure that we recognise that uniqueness and status and, critically, that we are doing a set of things that can enable local leaders to respond to the challenges—
English Devolution and Community Empowerment Bill (Fifth sitting) Debate
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(2 weeks, 2 days ago)
Public Bill Committees
Siân Berry
No, because I need to get to end of my sentence. I intend to explain how citizens assemblies are different.
Citizens assemblies are not town hall meetings, and they are not a method for the public to hold the mayor to account. They are a completely different part of democracy, and have been very successful. I mentioned that Parliament has convened one on climate change. We have also seen them used successfully to consider knotty issues in other countries, such as changing to marriage laws to be more inclusive. Where, at the political level, an issue is contentious and divisive, a citizens assembly sitting and considering it can come to quite sensible recommendations—taking politics out of it. It is a good way to build communities of democratic citizens. We know that people who take part in citizens assemblies and have their voices listened to go on to greater engagement and participation in political life.
The method of selection is essentially sortition or lottery. These are people who are akin to a jury—often they are called citizens juries—who are selected as uninterested people, so far, in the issue to be considered. They convene and set their own agenda. They will hear and request evidence. They will hear from people directly affected and potentially from experts. The agenda is driven by them. They then make recommendations. There is no requirement for the mayor to be involved in the process at all, in terms of their time, but the new clause suggests that the mayor should take account of the recommendations when they have been put together in such a careful way.
The new clause also suggests that the agenda of what would be a standing citizens assembly would be discussed and agreed between the mayor and the citizens assembly as it goes forward.
Mike Reader (Northampton South) (Lab)
I am a Labour party member, so I love a meeting that is a talking shop—anyone who has ever been to a constituency Labour party meeting will know exactly what my experience has been. The idea behind a citizens assembly is really positive—empowering people—but I see a couple of challenges. First, on the Energy Security and Net Zero Committee we looked at how we get community empowerment, and we could not find a single piece of evidence that said that standing citizens assemblies actually make a difference. They become a talking shop. Could the hon. Member give us an example of where a citizens assembly has successfully happened? That would give some precedence and make it more than just a great idea.
Siân Berry
That is a good question. Certainly, the evidence from the citizens assembly that was commissioned by Parliament to look at climate change has been extensively used by the Climate Change Committee when thinking about what interventions in climate policy would work and be more successful. I would enjoy it if more councils put together citizens assemblies on things like traffic reduction policies, because often it is the loudest voices, who are already empowered to talk in public, who are listened to most on such issues.
The closest comparison is to a jury. People respond incredibly well, individually, to being part of a citizens assembly—to the idea that they can consider the issue in the way that they choose as a group and to the way that their recommendations are then listened to. It is empowering. The fact that the title of the Bill has empowerment in it has prompted me to want to talk about citizens assemblies.
English Devolution and Community Empowerment Bill (Seventh sitting) Debate
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(1 week, 4 days ago)
Public Bill CommitteesWe know that these powers are used by existing authorities, so we are not going to rock the boat on this one, but I will briefly respond to the Minister. She stated that housing is, quite rightly, the Government’s top priority, and that these provisions enables that priority to be delivered, but where these powers already exist we see mayors not delivering on housing commitments. I think of London, where the mayor who has these powers is not delivering houses; in fact, building in London is at an all-time low, and houses are not being delivered for the people who genuinely need them in our capital city.
Mike Reader (Northampton South) (Lab)
A big reason we have a problem with housing numbers is the Building Safety Regulator. There will be a Back-Bench debate on it on Thursday, which I am sure the Minister will attend in order to give the Opposition’s views. It is critical that we get that sorted to get house building going.
I thank the hon. Gentleman for promoting me to Minister; I cannot wait for that to happen one day. I suspect that I will have more grey hair, and less hair. He is correct, and I am on the record as having spoken about this: the Building Safety Regulator is a barrier to building. I know that this is slightly out of scope, but I have offered to work with Ministers on a genuine cross-party basis to try to remove some of the burdens on the Building Safety Regulator, which I think has purview over too much that is not material to the delivery of housing.
I agree with the hon. Gentleman, but in terms of the current powers, the mayor is not delivering, and the Government are not delivering on their promise of 1.5 million homes. The Secretary of State yesterday said that his job would be on the line if he did not deliver the 1.5 million homes. I suspect that we will see a sacking in the not-too-distant future, because everybody in this country who is an expert in housing—there was a documentary on it just this week—says that the Government will not achieve their stated aim of building that number of homes.
The clause in itself is not a panacea that will unlock huge housing growth in our cities. The Minister should be careful not to overpromise and underdeliver, as her mayors consistently do across the country. However, we know that this is a unification and simplification of the system. We will not divide the Committee on the clause. This is a perfectly sensible solution, but let us not pretend that it is a sledgehammer that will crack a nut, and cause the Government to achieve their aims across the country.
English Devolution and Community Empowerment Bill (Eighth sitting) Debate
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(1 week, 4 days ago)
Public Bill Committees
Manuela Perteghella
These amendments were tabled by my hon. Friend the Member for Glastonbury and Somerton (Sarah Dyke), and they focus on ensuring that rural, remote and coastal areas are properly considered in the Bill. At present, the Bill largely focuses on urban centres and large population areas. There is a bit about rural areas, but not about the differences between these often isolated geographical areas, and there is little specific recognition of rural or geographically isolated communities, despite their unique challenges and contributions to the economy.
Both amendments would require local growth plans to make specific reference to the proposed benefits for those areas. In that way, we would ensure that the growth strategies are inclusive, balanced and relevant to the communities within the combined authority area. Combined authority areas can be very different—there could be a very populous urban cluster of unitary councils, and there could also be rural councils, which have completely different needs.
The amendments are fair to rural communities and advantageous to urban areas, because we know that when our rural areas thrive, so does the whole country. There are opportunities across our nation as a whole. Rural and coastal areas need focused attention—for example, supporting infrastructure such as transport networks, energy infrastructure and digital connectivity. There are families in my constituency who do not get any broadband connectivity, and their children have to go to cafés in towns to revise for GCSEs. Not having that connectivity also makes it very difficult for businesses to thrive, so we face unique challenges.
Mike Reader (Northampton South) (Lab)
Is there evidence that existing mayors—such as the Mayor of Cambridgeshire and Peterborough or the Mayor of North Tyneside—are not considering rural communities in their work, which would suggest that we need the amendments?
Manuela Perteghella
That goes back to what my hon. Friend the Member for Mid Dorset and North Poole was saying. We should not rely on the kindness of mayors to care about the whole of their communities; we need to ensure that local growth plans—which is what the amendments are about—include the needs of coastal, rural and isolated communities such as mine, where we do not have buses to take elderly residents to the nearest hospital. It is important that we make provision for local growth plans to consider the needs of rural, coastal and remote communities.
Obviously, rural areas are not homogeneous. We know that they have different industries—for example, agriculture and the visitor economy—and the demographics are different. Lots of people come to my constituency to retire, for example, which tells us about the health provision that we need our area. We want those needs to be reflected in the provisions on local growth plans in the Bill. A one-size-fits-all approach will lead to not only rural deprivation but missed opportunities for our nation as a whole.
In conclusion, the amendments are about equity, opportunity and smart growth. Rural, remote and coastal communities must not be left behind. Ignoring them would be a missed opportunity for the sustainable and inclusive growth that would power the whole region. Amendments 359 and 360 would ensure that all mayoral authorities plan meaningfully and strategically for every part of their area. For that reason, I will push amendment 359 to a vote.
English Devolution and Community Empowerment Bill (Ninth sitting) Debate
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(1 week, 2 days ago)
Public Bill Committees
Mike Reader (Northampton South) (Lab)
There has been a lot of conjecture about what could happen. I am from an area that has a unitary, because the Conservatives bankrupted the county council. Has the hon. Gentleman spoken to people who have unitaries in order to fix some of his ideas in some sort of foundation? It is great to hear people’s ideas, but let us ground them in reality.
Lewis Cocking
When I go out to speak to people in Broxbourne, they are completely against this—they do not want it. They fear a large council. I have spoken to many councillors, and my reflection is that things depend on the size of the unitary. For those serving in a smaller unitary, people tend to be happier with the council and the services it delivers, but I am yet to find people—in particular, back benchers on a large unitary council—who feel engaged and motivated, with residents respecting that. However, the hon. Gentleman will have different experiences in his constituency.
I do not think unitarisation is a good idea. I have a lot of experience in local government, and it will cost people more in council tax where councils go through unitarisation and districts are forced to merge. My district, Broxbourne, has the lowest parish council tax in the country, so whatever happens through the proposed reorganisation, the good residents of Broxbourne will pay more in their council tax bills, probably for fewer services. Simply going through the reorganisation does not mean that we will see better services.
We are told constantly that councils have been underfunded and that services will improve, but no one can show me a council that has been through reorganisation that is awash with money. I have not spoken to one council that has been through reorganisation that has said, “Do you know what? We have been through a reorganisation. We have made loads of savings and we have become more efficient.”
In actual fact, all the councils that I have looked into that have gone through reorganisation have set up delivery mechanisms and organigrams of staffs and departments based on the old district boundaries. They all have area planning committees that all have to be costed and so on. A number of reports include farcical figures claiming that an area will save millions and millions from going through the reorganisation, because of redundancies, and better and joined-up services.
Let me tell the Committee this: many district councils already have joined-up services and have already gone through that process. Some services, such as human resources, are shared with upper-tier authorities, while others such as waste collection are shared across multiple authorities. The councils have already made lots of those savings, which are already baked into their district budgets and so on. I am yet to see any concrete figures for how much money reorganisation will save.
Lewis Cocking
I could not agree more. I think that is true, and it is an important reason why the Government are focusing on certain parts of the country and not others. If it were true that all councils have to be of a similar size to get the best services and save the most money, and the evidence supported that claim, then surely what is good for one part of the country should be good for all the country. The Government should be representing everyone in the United Kingdom, not just certain parts. They are rather worried about taking on their own councillors.
Mike Reader
I have some evidence on this point: under reorganisation, we actually lost Labour councillors. As the council came together, there were more Conservatives post reorganisation than before, so I am not sure about the hon. Gentleman’s evidence base for his suggestion that this is gerrymandering by the Labour party.
Lewis Cocking
Not as many under this proposal. The Government do not have a mandate for this. They said lots of things in their manifesto about what they would and would not do, but they have done lots of things that were not in their manifesto, which is really damaging for democracy.
The Government should be asking local people what they want, as I am sure we all do when we go out and speak to our constituents. I have two district councils in my constituency, Broxbourne and East Hertfordshire, and not one person has told me, “Do you know what we need to solve lots of the our problems and day-to-day challenges? We need to reorganise the council. We need a bigger authority. We need to be further removed from it.” This policy does not stack up, and it has been rushed.
English Devolution and Community Empowerment Bill (Eleventh sitting) Debate
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(4 days, 6 hours ago)
Public Bill Committees
Miatta Fahnbulleh
Clause 71 and schedule 31 will ban the use of upward-only rent review clauses in commercial leases in England and Wales. Those clauses put commercial tenants at a disadvantage by keeping rents artificially high even when the market declines. In no other credible market would one party be contractually bound to accept only upward price changes, with no recourse to changing conditions. We saw in covid how damaging that can be. We have also heard at first hand from stakeholders and business representatives—including UKHospitality, the Federation of Small Businesses and the British Independent Retailers Association—about the adverse effects that upward-only rent reviews have.
An efficient and dynamic market for leasing commercial property is vital for growth and for the vitality of our high streets. Upward-only rent reviews create an imbalance of supply and demand, contributing to the blight of empty properties that we have seen, ranging from high street shops to empty office floors. The UK is an outlier in continuing to permit those clauses. This ban follows the lead of countries such as Ireland and Australia. We absolutely recognise that the ban creates some initial uncertainty for investors. However, landlords will still have access to a range of lease models, such as stepped rents and inflation-linked leases, that offer predictability and flexibility; and we have committed to consulting on whether to permit the use of rent “collars” via secondary legislation.
It is important to remember that our high streets are more than retail spaces; they are the social and economic heart of our communities. The Government have set out ambitious steps to support high streets through our Pride in Place strategy. This measure is part of that. If we want new businesses to take a chance on a tenancy and if we want resilient high streets, it is essential that the leasehold market works efficiently. I urge that this clause stand part of the Bill.
Government amendment 375 is a technical amendment updating clause 71 in line with the amendments in schedule 31 tabled in my name. The amendment ensures that readers can continue to navigate the scope and effect of those provisions as intended when drafted.
I now turn to Government amendments 376 to 381, 384 to 386 and 391. These amendments work together to clarify the scope of the ban on upward-only rent reviews, ensuring that tenants are provided with protection when it is right that they receive it. Government amendment 376 brings forward a large proportion of these changes. In particular, the new part 1 sets out a new definition of “business tenancy”. It expands the scope of the ban so that a tenant who is still bound by the lease does not lose the protection of the ban simply because they have vacated the premises, have not yet taken occupation, do not intend to take occupation, or have sub-let the whole premises. It is right that tenants receive the protection of the ban in these circumstances. Without the amendment, it is likely that they would be deterred from sub-letting, which might in turn damage their ability to trade successfully.
Part 2 expands the tenant’s ability to trigger the rent review, so that it applies regardless of whether the lease contains prohibited terms. It also applies if the lease was granted in a compliant manner but was later varied to include non-compliant terms. Finally, paragraph 5A of part 3 provides for the ban to apply in circumstances where a lease is granted in a compliant manner but later varied to include non-compliant terms.
Finally, I turn to Government amendment 391 and to amendment 303. To further ensure that tenants are provided with protection when it is right they receive it, amendment 391 replicates new paragraph 1 of new schedule 7A, contained in amendment 376, in schedule 7B. Cumulatively, the amendments will ensure that the enacted ban is robust, clear and applies in the right circumstances.
Amendment 303 would require the Government to undertake a consultation on the impact of the ban on upward-only rent reviews before the provision comes into force. But that amendment is not mine, so I will speak to it later.
Mike Reader (Northampton South) (Lab)
It is a pleasure to speak about this issue. I thank the Minister, who has been gracious in giving me a lot of time to discuss upward-only rent reviews. I hope to use a couple of minutes to clarify a couple of points in the Minister’s statement that I do not think completely reflect the evidence that we have heard and, perhaps, the current position of the Bill. I say that in a constructive way, recognising that there is further opportunity to improve the Bill and make sure it delivers what we promised in the White Paper. As the Minister herself says, we have to protect high streets and small businesses, which can often be caught in really challenging upward-only rent reviews. She is completely right that the impact was seen particularly during the covid era.
I will talk about international evidence first and then come back to how we can improve; I recognise that the amendments start to go that way. The Minister mentioned Ireland in particular, which is often cited as one of the great examples of action on upward-only rent reviews; industry there was concerned that sectors would collapse, but actually there was a relatively minimal impact. I am sure that the Minister’s civil servants will argue that that is a great example of why the worries of the Royal Institution of Chartered Surveyors, the British Property Federation, the UK Warehousing Association and agents such as Colliers, which have all written to me in the past week or two to share their concerns, are perhaps unfounded.
The scheme in Ireland was specifically brought in with collars and a floor, which meant that there was protection—that was at the point of introduction rather than through secondary legislation, which I think is important. It was introduced in a very different market with very different interest rates, corporation tax and other factors that drive corporate rents. The challenge with the way the legislation is written at the moment is that it has unintended—
English Devolution and Community Empowerment Bill (Twelfth sitting) Debate
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Main Page: Mike Reader (Labour - Northampton South)Department Debates - View all Mike Reader's debates with the Ministry of Housing, Communities and Local Government
(4 days, 6 hours ago)
Public Bill Committees
The Chair
I remind the Committee that with this we are discussing the following:
Clause stand part.
Government amendments 376 to 381, 384 to 386 and 391.
Amendment 303, in clause 78, page 78, line 7, at end insert—
“(5A) Section 71 will not come into force until the Secretary of State has—
(a) completed a consultation about the impact of section 71 on businesses, and
(b) laid a report summarising the consultation before both Houses of Parliament.”
This amendment would prevent section 71 from coming into force until a consultation on its impact on businesses has been completed and a report summarising the consultation has been laid before both Houses of Parliament.
Mike Reader (Northampton South) (Lab)
As the Committee will remember, I had just covered Ireland. I will now take Committee members across the world to Australia, where a ban on upward-only rent reviews was relatively successfully deployed, as the Minister rightly said. As with Ireland, it is a very different model to what the Government are proposing. In Australia, the responsibility for setting how the model works lies with districts, so there is no Australian model that the UK can copy. In some states, the measure applies by size and sector, and the legislation is very specific to require an upward-only rent review on a size of property and a sector. In others, it applies to sectors. In at least one state, the legislation applies it to the type of business: it applies to landlords that are multinationals but small businesses can be exempt, as I understand it.
The Minister rightly says that the schemes have been applied around the world, but the scheme the Government are proposing has not. It is important that we avoid the unintended consequences of a broad, cover-all scheme. Investment in warehousing logistics, which employs one in five people in my constituency, or in the development of schemes at the Northampton Gateway, at the Daventry international rail freight terminal and right up the M1 corridor, could be hindered by an unintended consequence of our trying to deal with the issue that the Minister talked about—the unfair management of rent on the high street, particularly for small businesses.
I encourage the Minister to go further than the amendment that has been tabled to stop those unintended consequences. The measure could be applied by class of use or by rental value. In evidence, the British Property Federation suggested a £50,000 rental value cap, which would protect small businesses. That could also be specifically allocated in other ways. There are further things we can do if we want to fulfil the aim in the White Paper, which is to protect high streets, while ensuring that we do not impact the future development of health, data centres, logistics, commercial offices and all the other things we need to deliver growth in our country.
We have some concerns, which are reflected in the amendments I have tabled. As we just heard, countries approach this issue in different ways. Broadly speaking, it sounds like one of the reasons why Ireland did not see an impact on the market was that what was implemented was the end of upward-only rent reviews almost in name only; there were still many other mechanisms that achieved the same outcome, even if that specific one ceased to exist.
Our concern is that we risk creating a number of complex structures for rental agreements that in practice have the same consequence, but without the benefit of upward-only rent reviews, which is that landlords’ certainty about their position in turn encourages investment in our high streets, the availability of the units we want to see, and those units not being turned into residences or repurposed for things other than business. The loss of upward-only rent reviews as part of the toolkit of available options undermines the confidence to invest in our high streets, and in turn undermines the objective, which we all share, of ensuring that they remain vibrant and successful. That is the purpose of the amendments, which I am sure we will come on to in due course. The Minister may have something to say about that, but that is the Opposition’s clear position.
Mike Reader
May I tell the Committee a story? There is good merit in making sure that councillors are trained, but they can be trained and still not listen. A Reform councillor in Northamptonshire chose to join a training session, forgot to turn off his camera and got into the bath naked. If we are to mandate training, we are going to have to teach councillors how to turn their cameras on and off.
Vikki Slade
I welcome that intervention. During covid, a lovely, very elderly Conservative lady on Bournemouth, Christchurch and Poole council decided to take her laptop into the toilet with her. I think we all have such stories to tell. There are huge merits in online training and training in person.
We talked previously about audit training. There is compulsory training for our quasi-legal systems, including licensing and planning, but what about scrutiny, audit and even, “How on earth does a council work? How do I behave? What is the code of conduct?” Training on all those things is not currently required. It is not unreasonable to ask that when somebody takes on a responsibility—particularly when they receive an allowance so to do—they understand what is required of them. There should be a minimum training standard, across the board, but that is currently absent. Training is very variable from place to place.
My simple request is for the Government to agree to the new clause and produce guidance that allows local authorities to look at the relevant content.
Many interpretations can be placed on the facts, but it is very clear if we look at the numbers that Government borrowing costs are now significantly higher even than under Liz Truss. It has been a pretty disastrous period for Government finances. If we are to see the measures to which the Minister has just referred succeed, there must be some imperative around building. We cannot simply see a tranche of mayors granting permissions, assembling sites and failing to deliver in the way that Mayor Khan has in London.
Mike Reader
The Leader of the Opposition, the right hon. Member for North West Essex, said at the Conservative party conference that she wanted to cut regulation on building, but she was silent on the Government’s consultation on speeding up building. Is this a change of policy? Are the Conservatives now supporting the Government on build-out programmes? Can we look forward to the hon. Gentleman joining us in the Lobby when the proposal comes forward?
It is a nice try by the hon. Member, but I think we know that there have been areas of deregulation where there is a high degree of consensus. In particular, we know that one of the reasons why some of those 1.5 million homes have not been developed is that, after local authorities have granted consent, delays are created by, for example, waiting for permission from the Environment Agency to proceed. There are elements of deregulation that I think we all support, and we can see how they would be of benefit, but where we have mayors such as the Mayor of London who are just abjectly failing, we need to make sure that there is a degree of compulsion so that the homes that our capital city and our country need are delivered.
Just as we would like to see that level of compulsion apply to private sector developers, who can be as guilty of this as Government—they might be land banking or looking at those permissions not as an opportunity to create homes, but simply as a means of creating a tradeable asset—we need a degree of imperative to hold the feet of those mayors to the fire to ensure that the new homes are delivered. I hope the spirit of the Government’s response signals their support for this amendment, which I will press to a vote.
Question put, That the clause be read a Second time.