(10 months ago)
Commons ChamberIf I have misheard the hon. Gentleman, I apologise in advance, but I am pretty sure that he just said that the report was published in November 2023. That was not the case. The report was received by the Department last week, and we have published it within a week of receipt.
I wish to inform you that in line with the convention of the House, Madam Deputy Speaker, I informed the hon. Member for Middlesbrough (Andy McDonald) that I would be raising this matter, and we had quite an interesting exchange of text messages—but suffice it to say I wish him a speedy recovery.
I have to say, however, that the hon. Gentleman does have previous form on this issue. First, he ignored scientific evidence to try to prevent dredging in connection with the freeport development, and today we discover he has levelled vile, unfounded accusations of corruption and dishonesty at the Tees Valley Mayor. Does the Minister agree that jobs and economic development are more important to the people of Teesside—including those who live in Middlesbrough, incidentally—than scoring political points on the basis of incorrect and unfounded allegations? Does he share my disappointment that rather than apologising on behalf of their colleague, the Opposition Front Benchers are doubling down on some of these allegations, which have now been blown completely out of the water by the report?
My right hon. Friend is absolutely right: the report in front of us says explicitly that the accusations levelled at this project are not true. It is beholden on Members in this place, when they get things wrong, to say that that is the case; and it is vital that we ensure that this project gets going, keeps going, accelerates even further and gets the benefits for Tees Valley as soon as possible.
(1 year, 5 months ago)
Commons ChamberWould the hon. Lady not agree that Teesside did not prosper or grow for decades after the demise of heavy industry and that it was only when Ben Houchen came along and started delivering for the people that people started realising that the Conservatives on Teesside were delivering, when Labour had failed for generations?
I will take absolutely no lessons from a representative of a political party that stood aside and watched as the Tees works collapsed in 2015.
Labour is therefore asking the Government to provide all papers, advice and correspondence, including Ministers, senior officials and special advisers, relating to the decision by the Secretary of State and the Prime Minister to commission a review into the Tees Valley Combined Authority’s oversight of the South Tees Development Corporation and the Teesworks joint venture, including papers relating to the decision that the review should not be led by the National Audit Office.
I am grateful to my right hon. Friend for clarifying that important point, particularly in respect of the Department.
It is important, given the inferences by the Opposition, to highlight what has actually been put in place. The specific terms of reference and the announcement that was made long before today are clear about the intention of the Government to clarify this matter. The review will be led by Angie Ridgwell, who is currently chief executive of Lancashire County Council and has over 30 years of experience across local government, central Government and the private sector. She will be supported by Quentin Baker, a qualified solicitor and director of law and governance at Hertfordshire County Council, and by Richard Paver, who brings significant financial experience and knowledge of combined authorities from his previous role as the first treasurer of the Greater Manchester Combined Authority. They bring significant experience of senior public leadership, specific financial and legal expertise, and confidence of detailed scrutiny. All Members of the House should support their important work so that they can proceed quickly and free from partisan comments.
There is still time for Labour Members to articulate why they are suddenly so keen on NAO-led inquiries in local government when they have not been keen on them before. When there are challenges or potential questions, there is a long-standing precedent of someone other than the NAO reviewing and assessing those concerns. Why should Labour Members know this? Because, as I said, they endorsed this process in the Local Government Act 1999. They confirmed that the Secretary of State could determine the approach where there were questions about local government bodies, and as far as I am aware, they have not critiqued the use of those powers when they have been used multiple times before, including in the last few weeks. Perhaps Labour Members could tell me which parts of the Local Government Act 1999—their Act, their decisions, their choices—they have randomly, abruptly and arbitrarily decided, simply for the purposes of an Opposition day debate, that they no longer wish the Government to apply.
If Labour Members are deciding that they no longer want to use the established regime, perhaps they could tell me which of the established reviews, inquiries, panels or commissioners they wish to switch into their newly preferred process. I do not remember this being requested when the Secretary of State intervened following an external review of Labour-led Sandwell Council in 2021, following allegations of serious misconduct by members and officers that painted a deeply troubling picture of mismanagement. Should we move that to an NAO review?
I do not remember Labour suggesting this approach when the then Secretary of State determined to appoint experts to carry out an inspection at Labour-led Liverpool City Council in 2020 as a result of arrests made on suspicion of fraud, bribery, corruption and misconduct in public office. [Interruption.] There is a lot of chuntering on the Opposition Benches, but are they seeking to bring the NAO into that? The hon. Member for Wigan talks about hand-picking, but the Labour party appointed its own inquiry into the wrongdoing. That inquiry was led by a former Labour MP, supported by a peer newly ennobled by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). And I cannot remember the Labour party requesting an NAO review of Labour-led Croydon Council after a number of serious concerns about the council’s governance and risk management were outlined in a public interest report by external auditors in 2020.
The cold, hard facts are these: the Mayor of Tees Valley has had much success over the past half a decade in bringing jobs, growth and economic development to an area that is now on the up and thriving again, thanks to its Conservative leadership and its engaged and constructive Conservative Members of Parliament. On this specific issue, the Government agreed to a request from the Mayor for a review, which is being set up in a similar way to other reviews. Those who will be involved have been appointed as others have been appointed in the past. The terms of reference have been published using a similar process and, if there is an issue, we will deal with it in the normal way. The experts who are giving of their time and expertise should now be given the time to get on with the job, in the normal way, and to present their conclusions when they are ready.
The hon. Member for Wigan (Lisa Nandy) repeatedly called the site an asset, but it was a heavily contaminated industrial site. Indeed the former Labour Member of Parliament for Redcar, Vera Baird, suggested it could cost up to £1 billion to clean up the site. It is now an asset, but only because of Ben Houchen’s actions.
My right hon. Friend is absolutely right, and that is one of the few facts that the hon. Member for Wigan left out of her contribution, in which there was no clarity about what she is actually alleging.
These are serious matters. Serious allegations have been made, and it is incumbent on us all to clarify the position as soon as possible, for the good of Tees Valley. The review we have set up will do that, and we look forward to it reporting in the usual way at the earliest opportunity. Members should welcome and support the review, and I hope against hope that, in the next two hours, they may still do that.
(2 years ago)
Commons ChamberI think this counts as an intervention, Madam Deputy Speaker. It should be added to my time. I hope that the hon. Member for Nottingham North (Alex Norris) will rise to the occasion.
The Ukraine war has exposed how vulnerable the global food supply system is to disruption. We cannot rely on our ability to buy food cheaply on the global market. Given today’s labour shortage in agriculture and the impact of natural problems such as avian flu, we must expect more serious shortages and even more acute price rises this winter. Food security is fundamental, but it is frequently neglected and should now be addressed by the Government. In passing, I would add that the Rural Services Network recently reported that the cost of living crisis is worst in rural areas. Food and energy price increases are already putting rural food banks under huge strain. Brightlingsea food bank in my constituency is extremely well led and co-ordinated by Win Pomroy and offers incredible support to the most vulnerable people, but let us be clear that this is a fire engine dealing with a crisis on behalf of our constituents. I am sure that every Member will want to support their local food banks.
The main point, however, is that the changing nature of life in rural communities is outpacing the ability of our relevant institutions and policy processes to adapt and stay fit for purpose. Rural areas need a responsive, adaptable policy making and strategy process to handle the complexity caused by a combination of the increasingly rapid and profound changes in the wider world and the competing demands that we place on our countryside. These include the need to optimise food production, improve food security, reduce emissions of greenhouse gases, increase carbon sequestration, adapt to cope with climate change threats such as drought and flooding, enhance the wellbeing of the whole UK population by improving leisure and supporting access to the countryside, and improve conditions for wildlife and biodiversity, leaving a better natural environment and landscape for future generations.
In coastal constituencies such as mine and that of my hon. Friend the Member for North Devon, who opened the debate, there is also a need to rewild our coastal waters, revive fish stocks and restore saltings and seagrass and kelp forests to revive their massive capacity for carbon sequestration. I recommend a book by my constituent Charles Clover of the Blue Marine Foundation entitled “Rewilding the Sea”, which was launched in the House of Commons yesterday. It is incredibly ambitious, but it is important for the whole country to reconcile these often competing demands. It is not only essential but well within our grasp to achieve it. Governments must, however, take the trouble to work with rural communities across the UK rather than prescribing for them, which is how most rural inhabitants see their situation today. Rural communities, in their turn, need better processes to make their voices heard in Whitehall, and to ensure that Whitehall draws on their unique local knowledge and expertise in formulating and delivering policy.
DEFRA’s forthcoming environmental land management scheme—ELMS—replaces payments from the EU common agricultural policy, and it is due to be fully implemented in 2024. Its success is crucial to the effective functioning of rural policy and levelling up. I am afraid that the handouts from the Government for levelling up are a sticking plaster. What we need is a compressive approach to the rural economy. During its current trial phase, ELMS has been taken up by only a tiny percentage of farmers because what it offers is not very attractive to farmers. DEFRA needs to work closely with individual farm businesses to ensure that ELMS becomes fit for purpose.
That is precisely why the Environment, Food and Rural Affairs Committee is starting a report on the implementation of ELMS and how it could be delivered more effectively.
I am delighted, and I will recommend that a friend of mine submits evidence to the Committee. I will refer to his work later.
The Government need to empower and support farmers to undertake a wide range of practical routine tasks that are currently the responsibility of national agencies but that those agencies are unable to deliver because they do not have local expertise and knowledge. For example, the Environment Agency used to clear watercourses annually on lowland floodplains, but it has now abandoned the practice, resulting in disastrous flooding on what is often the most productive agricultural land in the UK. Farmers could be paid to do the work, subject to effective regulation.
Local groups should also be encouraged to take charge and work in collaboration with each other, and with the appropriate central and regional authorities. For example, the encouragement of wildlife is frequently focused on transforming, flooding or wilding separate individual locations. It would be far more effective to recruit farmers and landowners across an area to collaborate on creating wildlife oases linked by wooded, hedged or specially planted corridors, for which they could be appropriately reimbursed.
Now is the time to improve the policy delivery process by harnessing local knowledge and ability in conjunction with scientific expertise, bringing them together with the responsible Government bodies. The top of the civil service should work on enhancing cross-departmental governance processes in Whitehall, including by repairing Whitehall’s broken policy and strategy-making mechanisms. I can vouch that permanent secretaries are keen on this.
From the bottom up, we need to encourage pilot projects that, if successful, can be scaled up and applied nationwide, appropriately amended to local conditions. One such pilot is being developed in south Cumbria, in the constituency of the hon. Member for Westmorland and Lonsdale (Tim Farron), by local farmer and businessman John Geldard, whom the hon. Gentleman is giving appropriate support. Mr Geldard is best known for championing the sale of high-quality local produce in supermarkets. Spurred on by the damage done by Storm Desmond, by the pandemic and by the current inflationary economic threat, Mr Geldard has built a multiskilled team that is now addressing a range of challenges with increasing success. As part of this project, for example, he has a senior policeman improving local policing.
(2 years, 8 months ago)
Commons ChamberI am very grateful to the hon. Gentleman for raising that, and I will look closely, with my colleague the Home Secretary, at that proposition. It is important that we have appropriate biometric checks, for reasons that are well understood, but I appreciate the generosity of the offer, and indeed we have been talking to the Welsh Government about how we can co-ordinate our efforts.
Many people are still planning to staycation this year. Would the Secretary of State extend the scheme that worked so well during the pandemic, and allow permitted development rights to be relaxed so that pop-up campsites can allow people to have holidays in places such as North Yorkshire?
I now know what my Easter plans will be. My right hon. Friend is absolutely right that making sure, through the exercise of permitted development rights, that we can provide people with the opportunity to holiday in places as beautiful as North Yorkshire is an entirely welcome development.
(5 years, 9 months ago)
Commons ChamberWhy are we joined here for this debate? It was almost a year ago that I shared with the House my family’s history and experience of antisemitism through the centuries. My mother’s family were expelled from Spain in the 15th century. I spoke about the more than 100 members of my family aged from four to 83 who were murdered by the Nazis in the gas chambers of Treblinka, Sobibór, Mauthausen, Bergen-Belsen and Auschwitz.
What has happened since that last debate? It pains me to say this and share with the House that we have gone backwards, as we have heard from hon. Members’ contributions. We have not seen the progress we should have seen over the course of the past 11 months. On a personal level, I have in the past year alone seen a further two people convicted: one from the far-right, imprisoned after he threatened to kill me, convicted under counter-terrorism legislation, and another just before Christmas, a former member of the Labour party convicted of harassment. That takes my tally to six or seven individuals, depending on how you interpret it, convicted of antisemitic-inspired hate crimes and threats.
And there is a significant amount of antisemitism that might not reach the criminal threshold but that has surfaced. I have been subjected to thousands of messages of antisemitic abuse and hate, and I want to reflect on what I have seen in just the past week and share with the House the range of terms I have seen; they range from the ridiculous to the truly disturbing. There might be a small minority who think I am a “Zionist lizard” or that I am responsible for Eurovision taking place in Israel. It is sadly all too common to be addressed as “an evil little witch” or a “murderous Zionist.”
Abuse is only part of the problem. Arguably more concerning, as we have heard already, is the rise of insidious antisemitic conspiracy theories: that I am an agent of Mossad, that I am a traitor to my country, that I am paid directly by Benjamin Netanyahu, based purely on my Jewish background. The comments underneath my posts on social media are filled with individuals calling me the MP for Tel Aviv or asking whether a Member of Likud can stand for election in our country. And just yesterday an individual who says they are a member of the Labour party and with the hashtag “JCforPM” in their bio—they have been on Twitter for an extended period and have hundreds of followers, so this is not a bot that has been created—said:
“shame on Luciana Berger, A Zionist Bitch, I hate her, I hate her baby, her Israel.”
Elsewhere an official Labour-affiliated group, Young Labour, announced that the departure of my right hon. Friend the Member for Enfield North (Joan Ryan) would mean that “Palestine Lived” and then proceeded in bullying the Jewish chair of Young Labour, while influential Twitter users have wished “good riddance” to “Israel’s fifth columnists.” They have called myself and hon. and right hon. Friends “the Israel stooges party”, “the Israeli apartheid democratic front” and so on. Others have alleged that the Rothschilds and George Soros will declare their backing for the new Independent Group. I share all this because this is what is happening in our country, from people across the country, during the past week and today in particular.
In the Labour party, my political home for nearly 20 years until I resigned from it on Monday, I have seen obfuscation, smears, inaction and denial every step of the way. We had a debate in this House following the unprecedented event of a minority community in our country, the British Jewish community, taking to Parliament Square outside this place to say enough is enough when it comes to antisemitism. It was not a demonstration against National Action or Tommy Robinson; it was against the Labour party, a political movement that is supposed to pride itself on the values of equality for all and anti-racism against all.
Yet what has happened in the wake of that unprecedented event in our country and in the wake of the debate in this House that took place just a few weeks later? Mr Speaker, you could not make up the catalogue of events that has shamed the Labour party since that happened: the countless individual cases, as my right hon. Friend the Member for Barking (Dame Margaret Hodge) has alluded to already, that have been dropped or have not been responded to. In the run-up to Holocaust Memorial Day this year, we learned of members of the Labour party in high-profile positions, a number of them councillors and one a Welsh Assembly Member, who had made antisemitic comments and had as their sanction a “reminder of the rules”. That was somehow a zero-tolerance approach to antisemitism. We have heard the audio recording of a member of the Labour party’s highest governing body, the national executive committee, accuse 70 British rabbis of being Trump fanatics rather than addressing their very serious concerns about antisemitism. We had to fight for months to see the international definition of antisemitism with all its examples accepted and adopted by the Labour party, and even with a last-minute attempt to dilute it.
We had the summer of antisemitism, when not a day went by without another story in the British press about antisemitism in the Labour party and about its leader’s connections to the issue. One in particular, which caused gross offence, was the claim that British Jews do not get irony. We were told that the Leader of the Opposition was present, but not involved, at the laying of a wreath for the individuals who orchestrated the Munich attacks and the murder of the Israeli athletes. The commitment to meet a deadline to deal with high-profile cases has been deliberately missed, and the party is withholding details of physical threats to MPs, including myself. Just last week, the leadership of the parliamentary Labour party held members in contempt despite their reasonable request to answer 11 straightforward questions and to respond to serious concerns about antisemitism, which was ignored.
This is a shameful record, let alone from a leadership and a political party that seek the highest office in our land. That is why I have arrived at the sickening conclusion that the Labour party is institutionally antisemitic in its processes, its attitudes and its behaviour. We ignore this at our peril. Colleagues have referred to the figures. We have seen a 16% rise in the number of incidents since 2017, and behind every one of those incidents is a person who has been affected.
The hon. Lady is making some powerful points. I am reminded of the Russian saying that the fish always rots from the head. Does she agreed that that is apt in this case?
I hear the right hon. Gentleman’s comments, and of course people will contend with this issue in different ways. I have not held back from speaking out and seeking to challenge at every available opportunity what I have seen as antisemitism within the ranks of what was my party. This is an issue not just for us here in this country but for countries across Europe. We heard that there were demonstrations yesterday in 60 towns and cities against the increase in antisemitism there.
I will certainly not be intimidated, bullied or silenced. I have used and will continue to use the full force of British law to ensure that people are held to account for the crimes they commit. There should be no tolerance, and that extends to all issues and crimes when it comes to racism. However, this cannot be the British Jewish community’s fight alone. History tells us where this can lead. I am clear that, across the Chamber and in every institution in every part of our national life, we must drive out antisemitism and promote the values of respect, equality and tolerance. I am sick and tired of debating this and describing it. We have had enough warm words and read enough tweets of solidarity; now is the time for swift, strong and decisive action, so that when we debate this again in a year’s time, we can celebrate our progress rather than having to reflect once again on our collective failure. I implore all Members from across the House to do everything they can to tackle antisemitism in our country.
(6 years, 2 months ago)
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The hon. Lady makes some good points. There are longer term benefits to some of the work. It has been poorly executed, but I can speak only for my constituency, where, in the longer term, we will see a doubling of rail journeys between York and Scarborough. That is good news, but in the short term the delays are totally unacceptable.
Other issues have combined to make the situation even worse, such as the incomplete signalling works at Leeds station and significant congestion on Manchester services. As things were seemingly getting better—we had a meeting with TransPennine Express, which improved the rosters of its drivers—further disruptions were suddenly caused by a new policy to cut the number of late-running trains on the east coast main line. That policy prioritised trains and passengers travelling north to south over those travelling east to west.
My hon. Friend is absolutely right to talk about the problem with rosters. When a train is delayed arriving at York and bound through his constituency via Malton to Scarborough, often the driver does not have enough hours left to get back to York without having to get off the train at Seamer or somewhere else. I hope that a little leeway can be introduced into the rosters, so that drivers can cope with a slight delay.
My right hon. Friend is absolutely right: operators can take a number of measures to reduce the impact of some of the problems.
To give some examples of passengers I have spoken to or corresponded with, one told me that, since the end of May, because of the new timetables, his train
“had been cancelled or delayed nearly every single day”.
Another complained:
“Whether I get to work now is a painful lottery.”
Another frustrated rail user described how, on one day, two trains were cancelled, with 100 people, including the elderly and infirm, left without warning on the platforms at Malton station. At Malton, there are no toilet facilities, and the café opens for only limited hours each day.
The timetable changes were intended to enable us to take advantage of the substantial investment that the Government and the country have been making in our rail network. That important investment is enabling more frequent services and the replacement of rolling stock across the north of England. Those are benefits that will be felt by the hon. Lady’s constituents in time, when they are fully delivered. I acknowledge that the timetable introduction did not go well, to say the least, and that the hon. Lady’s constituents have had a difficult experience. Northern and TransPennine are in the process of fully rolling out the May timetable change. Once it is fully rolled out, I am sure her constituents will feel the benefits it is intended to deliver.
On the subject of jam tomorrow, will the Minister welcome the fact that Northern will be providing an additional service on the half hour into Scarborough, which will double the service and will mean that people who have maybe bought cars because of the congestion in the summer will go back to using the train?
I am delighted that that is in prospect for my right hon. Friend’s constituents. More regular and more reliable services are the objective of everything that we are doing at the moment to stabilise and improve performance. Ultimately, we want to see that contribute to more people getting off the roads and using public transport, including the railways.
(6 years, 2 months ago)
Commons ChamberI thank my hon. Friend for his intervention, and I entirely agree. The Bill is not about driving letting agents out of business, but about levelling the playing field so that the small minority of bad actors in the industry are not able to continue to the disadvantage of the vast majority of agents who do a terrific and valuable job, which we want to see continue.
It is precisely the sort of case that the right hon. Member for Birkenhead (Frank Field) raises that gives all landlords a bad name. Most landlords are actually trying to do their best to provide a service to their tenants and hope to have long-standing tenants.
Under the current legislation, for a deposit to be retained by the landlord, there has to be agreement on both sides, otherwise there is an arbitration process. If it is just a case of someone not emptying the bins, there is no way that the landlord would be able to keep all the deposit.
My hon. Friend spoke passionately on Second Reading about renters in her constituency and the work she has done with them to ensure that they are treated fairly. I commend her for that, and for raising a very good point. I am pleased to tell her that the Government are funding enforcement activity with half a million pounds of fresh funding in the first year after the Bill is enacted. Subsequent to that, the fines that the legislation will enable local authorities to levy—potentially up to £30,000 for a repeat incidence—will help to fund ongoing activity. I am confident that we will be able to deal with the issue that she raises.
Is the Minister confident that local authorities will have the resources and expertise to do what is set out in the Bill? We in the Bill Committee were concerned that 93% of local authorities had failed to issue even one penalty, and that the level of activity in this area was very poor.
As the Minister with responsibility for local government, I am full of admiration for local authorities and their ability to do many things. The pace of the creation of new legislation over the past year or two means that many of the local authorities’ powers in this area are relatively new, so local authorities are getting to grips with them bit by bit. I am pleased to say that there are very positive examples on the ground of local authorities taking action to enforce housing legislation and reinvesting in enforcement the fines that they generate.
A brilliant example of that is Torbay Council, which has used the fines from civil penalties to employ an extra enforcement officer to help with exactly the activities that we are discussing.
I thank my hon. Friend for that clear example of an activity that is already happening that enables redress to be found. He is absolutely right to highlight the potential extension of membership of redress schemes from agents to landlords, which would further improve tenants’ ability to seek redress when they need it and would more generally act as an incentive for good behaviour in the first place. He will know that the Government are conducting a broader conversation about the regulation of estate agents, about ensuring that the industry is properly regulated and that standards are high and about ensuring that the actions of a small minority do not jeopardise the health of the great majority of the sector. That is an ongoing piece of work, and I am sure that we will discuss it in the House in due course.
As we discussed in Committee, when a tenant has paid an unlawful fee, it is only fair that they should be given a say in how those fees are reimbursed, and the hon. Members for Great Grimsby (Melanie Onn) and for Croydon Central (Sarah Jones), whom I am pleased to see the in their places on the Front Bench, tabled an amendment to that specific effect. As I said I would in Committee, I have considered their amendment and agree that such a provision would be a worthwhile addition to the legislation. As such, amendments 9, 10, 12, 18, 19 and 43 will place a requirement on landlords and agents to seek consent if they wish to offset such a fee against a tenancy deposit or rent payment. I hope that those hon. Members will be happy with that incorporation.
I am pleased to say that our amendments go slightly further than the one proposed by the Opposition Front-Bench team, by also requiring agents and landlords to seek the tenant’s consent if they wish to offset the holding deposit from the tenancy deposit or a future rent payment. If the landlord or agent does not seek consent from the tenant or relevant person about how the prohibited payment or holding deposit should be refunded, they will be judged not to have fulfilled their obligation to repay the fee. That will leave the landlord or agent liable for a financial penalty and give the tenant the right to recover their fee through the relevant enforcement authority. It will also restrict the landlord’s ability to serve a section 21 eviction notice.
I have already explained why we do not support the amendment tabled by the hon. Member for Great Grimsby on the default fee provision and why our proposed alternative is fairer and more workable. I wish briefly to address amendment 1, which she also tabled and which would increase the financial penalty for a breach of the ban from £5,000 to £30,000, and explain why we do not support it. We want the fine to act as a serious deterrent to non-compliance. We have listened to feedback from across the sector, and we firmly believe that financial penalties provided in the Bill are the right ones. I think that most people would agree that a £30,000 fine for an initial breach of the ban, as proposed in the amendment, would be excessive. We do not want unfairly to penalise landlords and agents who may inadvertently breach the ban on fees. In particular, that might seriously financially hurt individual landlords who, for context, collect on average rent of around £8,000 from a single properly. A £30,000 fine is almost four multiples of that.
Does the Minister agree that a £30,000 fine might well precipitate the sale of the property and the eviction of the tenant—the very person whom the Bill is meant to protect?
My right hon. Friend is right. He made the same points in Committee, and I appreciate his raising them again today.
The Government have listened to concerns that some agents and landlords see the £5,000 initial fines as a cost of business and thus repeatedly refuse to comply. That is why the legislation makes landlords and agents liable for a financial penalty for each individual breach of the ban that they commit. In addition, setting financial penalty at up to £30,000 for a second or further breach of the ban will act as a serious deterrent for prolific offenders. It is worth pointing out that further breaches will leave the landlord or agent liable to prosecution and an unlimited fine and, indeed, qualify as a banning-order offence. The Government believe that, taken together, this set of sanctions forms a serious deterrent to poor behaviour. To accept the Opposition amendment would be disproportionate and excessive in respect of the cases we are discussing.
I accept what the hon. Gentleman says. The amendment would serve as an example. I would be happy for it to be adopted and then to be taken on further by the Lords. It sets out examples, rather than being a full definition of the circumstances in which a tenant could be charged.
In principle, putting in place a simple paragraph such as that in amendment 3 would make it far clearer to tenants when a breach had taken place. As it stands, the Bill will still be extremely confusing for any tenant trying to tell whether a breach has taken place. That, in turn, will inhibit the right and opportunity of a tenant to properly challenge a landlord or letting agent at a tribunal. Providing clarity on the face of the Bill would remove the ambiguity. Under amendment 3, it would be easy for a tenant to tell if they had been charged an unfair fee, and they would be better able to self-enforce their rights.
Such self-enforcement may be necessary. The Minister talked about it in very positive terms, but I am not sure it is so positive. It reinforces the point that the Bill does not carry the weight of enforcement behind it to take landlords and letting agents to task properly when they continue to break the law. For the Bill to succeed, it must be backed by sufficient enforcement power.
That is why we propose amendments 1 and 2, the primary aim of which is to allow trading councils the freedom to apply higher fines to those who break the rules. That would improve the enforcement of the Bill twofold. First, it would deter landlords and letting agents from taking the chance of applying prohibited levels of fines towards tenants. Even with strong legislation, we know that tenants can often end up in illegal renting situations owing to a lack of knowledge, a lack of confidence to challenge an unfair decision or the fear that a complaint or relationship breakdown could leave them without a house and on the street. We can see this in the Citizens Advice report “Touch and go”, which highlighted the fact that 44% of tenants did not complain about a category 1 hazard in their house.
Secondly, the Opposition are worried that unscrupulous landlords and letting agents may still be tempted to charge prohibited fees in the belief that they will not be challenged until they have taken well over £5,000 in prohibited fees, and that as a result they will see those fines as a business cost. As the hon. Member for Harrow East (Bob Blackman) pointed out, it is just the cost of doing business, rather than the real deterrent it should be. I echo his point that some of the people who local authorities have been enforcing against are not genuine, upstanding, licensed and registered, above-board landlords and agents, but criminals and crooks, and the fine of £5,000 will simply not be enough to deter them.
The Minister had concerns about the £30,000 fine, but amendment 2 states only that it “must not exceed” £30,000. That need not necessarily be the first fine—that would be for the enforcement agency to determine, given the circumstances and an understanding of the situation. Still, to provide a full deterrent would certainly increase the odds against those who take the chance and charge prohibited fees.
I do not for one second wish to defend the actions of some of these unscrupulous letting agents, but the fine will be £5,000 for each occurrence, so if they are serial offenders, they are likely to get serial penalties. At the same time, of course, some landlords may inadvertently fall foul of the law, and it would be unfair to impose on them fines as big as £30,000. As I said to the Minister, it might result in properties having to be sold and tenants losing their house.
I hear what the right hon. Gentleman says, and I thank him for his intervention, but I repeat the point that the fine “must not exceed” £30,000 but need not necessarily be £30,000 in the first instance.
Order. It will be obvious to the House that there is one hour and one minute left to debate this part of the proceedings and that a great many people wish to speak. I quite understand why those on the Front Benches had a lot to say and took a lot of interventions; this is a very large group of amendments. I appeal to hon. Members that if anybody speaks for much more than five minutes, they will be preventing many of their colleagues from speaking at all. It is not up to me to regulate that; it is up to the honour of each Member of the House to limit their remarks, not necessarily in scope but in time, because brevity is the soul of wit.
I was very pleased to serve on the Bill Committee and to hear the very good reasons why the Bill came forward. I am pleased that the Minister has responded to some of the points made in Committee with the Government amendments, which I am very pleased to support.
The picture painted by colleagues from the south of England, particularly from London, does not represent the position in places such as Scarborough in the north of England, where there is a very vibrant rented sector, with adequate supply and demand and where the sort of fees that some have been talking about are not extracted from tenants. However, it is obvious from what we have heard that the current system is not working to protect tenants. Ninety-three per cent. of local authorities have failed to impose a penalty, and with many letting agents not publicising their fees it is difficult for prospective tenants to know what they would actually have to pay and almost impossible to make comparisons. I have also spoken to local estate agents, who have told me about some of the charges they have to take on board. A credit check, for example, can cost as little as £15, but a rogue agent could be charging as much as £625, which is taking advantage.
Does my right hon. Friend agree that in places such as Shropshire and Yorkshire the market is in the main regulating itself rather well and these changes might be perceived to be slightly excessive?
Yes. As a landlord myself I am aware of how that operates. We have talked about private landlords and social landlords. I like to see myself as a social landlord: I do not see what I provide to my tenants as being any different from what is provided by a housing association or a local authority—indeed, I like to think I give a better service. Still, it is right that this legislation has been introduced, particularly as double-charging could take place, with both tenant and landlord paying fees to the letting agent and the letting agent doing very well out of that.
I do not agree with the Labour shadow Minister, the hon. Member for Great Grimsby (Melanie Onn), about the fines in amendment 1 and 2. A £5,000 fine for a landlord is already equivalent to a year’s rent for many properties in my part of the world. As I said, having much larger fines could jeopardise the business of such landlords. I also do not support amendment 4, tabled by my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski). We must do everything we can to help people to get into housing—I would prefer that they were able to buy their houses, but if not, we must help them to get into the rented market. A problem people often face when moving house is that the deposit put on the previous house is not made available at the same time as the new tenancy takes effect. Therefore, having to find, for example, six weeks’ rent at £100 a week plus another six weeks’ rent at £100 a week, plus maybe a £300 fee, as the amendment suggests, means a person looking to rent a two-bedroom flat in Scarborough or Whitby would need to find £1,500 of cash just to make that house move.
I was appalled to hear the nightmare stories mentioned by the right hon. Member for Birkenhead (Frank Field). As my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) made clear, the tenants’ redress scheme introduced in 2014 means that the landlord can no longer see that money as their own money that they can snaffle when the tenant moves; instead, they need to demonstrate that real damage has been done or there are real problems that require that money to be used. In the past, I am afraid, I have heard horror stories where reasonable wear and tear was put down as damage or a slight scratch on the wall was taken to indicate that a whole room had to be decorated. I was pleased to hear from the Minister that he is looking at the possibility of a passporting scheme for these deposits. That is desperately needed because it is so frustrating for a tenant wishing to move that their deposit, which they will get in due course, is frozen and cannot be used to pay the next deposit.
To return to amendment 4, it is not reasonable to introduce these fees of £200 or £300. That would become the norm and, to be fair, it is the landlord who is getting this service: it is the landlord who is interested in the creditworthiness of the tenant and who wants to see the legalities and the administration done correctly, and therefore it is not unreasonable for the landlord to pick up the bill. Indeed, many landlords will do much of this work themselves, and tenancy agreements are available to download which makes doing that much easier.
In supporting the Government amendments, I hope that my hon. Friend the Member for Shrewsbury and Atcham will not press his amendment. We certainly would not want the Opposition amendments to be pressed.
I am grateful for the opportunity to speak in this debate, having spoken on Second Reading in May. It is also a pleasure to follow my hon. Friend the Member for Great Grimsby (Melanie Onn) and other Members.
In Reading East we have seen increasing numbers of young people and families entering the rental market, and it is in the vital interests of these residents and all my constituents that the rental market in our area is affordable, transparent and accessible. However, as with many other constituencies, rising rents, large deposits and high letting fees are increasingly causing difficulties for those seeking to access rented accommodation.
Along with my Labour colleagues, I welcome the Bill as a first step towards establishing a fair and reliable rental market for tenants in my constituency and across the country. However, I remain concerned that the Bill does not go far enough in its protection for tenants. In particular, I am concerned that it does not go far enough to protect tenants against default fees. As we have heard, these are the fees that are chargeable if a letting agent or landlord incurs costs due to a tenant’s actions, such as replacing a lost key or making a late payment. These fees are set at the discretion of the landlord or the agent, and have been described by agents themselves as a back door to reclaiming income lost through this Bill. I share the concern expressed by the Housing, Communities and Local Government Committee and by other respected organisations such as Shelter and Citizens Advice that the lack of clarity regarding default fees creates a major loophole that could expose tenants to unreasonable fines from unscrupulous landlords or letting agents.
(6 years, 4 months ago)
Public Bill CommitteesI am grateful for that example. My hon. Friend clearly has an unknown admirer, because I doubt that happens on many occasions.
The advisory code of practice is currently being formulated. I am grateful to the Minister, because after the House gave the Bill an unopposed Second Reading, he immediately started consulting on what should be in the code of practice. I have been to some of those consultation sessions to listen to what other people are saying. The code, although not yet ready for publication, is coming along very well indeed.
A summary on the code is available and has been distributed to Members. I will refer to a few aspects of it. There will be obligations on the operators of private car parks in the code, which will include the type of “equipment and technology used”, “clear signage”,
“clear and accessible displays of the terms and conditions”,
and the requirement that there be a transaction period and a grace period.
We need to ensure that a motorist has a choice before committing him or herself to park in a particular car park. With the advent of CCTV cameras, in some cases what happens is that a vehicle registration plate is recorded upon the motorist entering the car park. The motorist then sees the terms that apply to the car park and decides not to park there, but gets a ticket because the car was seen going in and coming out. That cannot be right. There must be a grace period of five or 10 minutes—perhaps even longer in a multi-storey car park—which would allow the motorist to change his or her mind.
Thank you. I myself witnessed a situation in Haworth. There was a notorious parking firm operating using clamps, which have now been outlawed. In that case, a couple who had parked their car went to a nearby shop to enact a small transaction in order to get some change. In that short time, they were blocked in by the parking company vehicle and clamped. They can no longer clamp, but these scoundrels are reverting to other methods, which my right hon. Friend’s Bill will prevent.
That is indeed the case. I am moving down the coast; I am now going to Clacton.
The hon. Gentleman mentioned solicitors’ letters. Does he applaud the provision in the Bill that parking companies should not send letters that look like they have come from a solicitor when they are just from the parking company?
I applaud the fact that the Bill addresses that issue, and indeed I will discuss the issue of solicitors shortly.
There are other areas where the activities of such companies are a huge problem. I have had many complaints from taxi drivers in my constituency, who are regularly harassed and prosecuted when, for example, they are parked in a supermarket car park in one of the out-of-town shopping areas in my constituency, waiting to pick up an elderly constituent with their shopping.
The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye, about which I have received multiple complaints regarding multiple hospitals from people with serious medical conditions, NHS staff and others who have been caught. I have a letter here from a constituent who was a medical student working in the oncology department at University Hospital Llandough in my constituency, who had applied for a permit. There had been some mistake with the email address so, unbeknown to her, she ended up with huge fines from that company and no recourse. My team and I have engaged on behalf of many constituents to try and get their fines overturned, but sometimes, as my hon. Friend the Member for Cardiff West said, the companies do not even respond. We cannot get through to them. It is not possible to get a straight answer from them. I very much hope that the code of practice will address those issues.
The hon. Gentleman mentions ignoring intimidating letters. Of course, if the company does not have access to DVLA information, which if it does not abide by the code of practice it will not, it will not know the owner of the car. A person may or may not respond to the ticket put on the window, but the company will not be able to follow it up with letters.
The right hon. Gentleman is absolutely right, but the problem is that about 30% are intimidated. That is the problem, and the point I am making is that until we can give people confidence, we will need a very strong message and very clear designation. I do not know whether the Minister has given any thought to how we might go about that, but it is certainly where I would like to go with it ultimately. Until we do that, the numbers will remain significant, and I fear we will still get complaints in our postbags about the practice.
With that caveat, I think that the proposals are a significant step forward. I am sure that they will get support across the House, and the sooner we see them in legislation the better.
The hon. Gentleman makes a very good point. I am pleased to tell him that we will engage directly with the MOJ and the SRA. To date, I do not believe that we have done so, but we will happily do that. He makes a very good point about the impact on the court system. More broadly, on the point that he raised on Second Reading and today about county court judgments and, in his personal experience, letters going to previous addresses, I am relatively confident that we can address that in the code of practice by including some clauses about reasonable efforts by parking operators to find a more up-to-date address.
The hon. Gentleman talked about the appeals process, which of course should be independent. I am pleased to tell him that, as part of the code of practice in the Bill, it will be scrutinised, funded through the levy. That will ensure independent scrutiny of the appeals process, as well as the associations and operators, to ensure that appeals are working not in the manner that he highlighted, but in one that is fair to those who need to avail themselves of such a process. He talked about information, which many other hon. Members talked about, and of course the code of practice will outline the information that should be standardised on tickets and signage, so that there is good practice and consistency across the industry.
On the devolved Administrations, I am pleased to tell Committee members that the Welsh and Scottish Governments are represented on the working group that has been engaged in developing the code of practice, and are in extensive dialogue with the team in my Department, to ensure uniformity of execution of the Bill and to confirm that all the various matters have been put in place as required.
I have an update for the Committee. The explanatory notes are out-of-date with regard to the legislative consent motion. Originally, the advice from the Scottish Government was that that would not be required, but that advice changed and they believe that they require it. That motion has now been passed, so I am pleased to say that the Bill will have force in Wales and Scotland, and that all legal requirements have been satisfied in that regard.
I pay tribute to the experience of the hon. Member for Cambridge in transport matters. He has spent a considerable time in the House weighing in on such issues, so it is a pleasure to have his experience on the Committee. I will touch briefly on the issues he raised. He made a good point about rogue operators. I am confident that not having access to the DVLA will deal with the vast majority of problems that hon. Members have mentioned, because the lifeblood of trying to extort money from people is having access to their details.
By standardising tickets, complaints processes, fees and lots of other things, the code of practice will offer us the opportunity to educate the British public when the Bill has passed. From that point forward, one will be able to say to the people of the United Kingdom, “This is what tickets should look like. These are the various things that you should expect to see on them”— whether that is a kitemark or something else. In that way, through consumer education, we will hopefully ensure that they will be able to check for some kind of mark or language that would not be on rogue parking tickets. By bringing everything together in a standard way, that education process can happen in a way that it cannot today. I hope that that will deal with most of those issues.
I am also happy to look at the law that already exists to tackle people who are doing things that are presumably illegal, such as trespassing or interfering with other people’s private property. As I said, however, the huge opportunity comes from the code of practice, which standardises behaviour and practical things such as the information contained on signage and tickets, so that we can get to the point where people know what to look for on a parking ticket.
Does the Minister agree that one reason why people often fall into those traps is that local authorities are generally very straightforward and honest with people in their parking areas, and offer free parking that is free? For example, in Scarborough, all parking is free for tourists after 6 o’clock.
I am sure everyone watching the Committee will have heard that advertisement to visit my right hon. Friend’s constituency. Near to my own as it is, I also encourage them to visit the Yorkshire Dales and the North York Moors.
(6 years, 5 months ago)
Public Bill CommitteesIf I may briefly interject, the hon. Lady identifies a problem, which came through in the evidence sessions, that affects landlords as well as tenants. The frustration of having a deposit locked up with the current landlord that cannot be given to the new landlord is a problem. However, now is not the time to address it. Indeed, the hon. Lady said that we should look at ways of solving the problem. Were we to try to do that in this Bill, we could end up delaying the introduction of legislation that everyone agrees will be of great benefit to tenants, because a lot of consultation would need to be done. We would need to look at situations where, for example, the tenant misleads the new landlord that all the deposit will be released when in fact there might be some deductions.
I absolutely sympathise with the feelings expressed, but I hope the Minister will not allow this issue to delay the Bill. Although I sympathise with the hon. Lady, I am sure many on the Conservative Benches will not be able to support the new clause at this time.
I am delighted to say that I agree with both the hon. Member for Croydon Central and my right hon. Friend the Member for Scarborough and Whitby. We fully support and encourage innovation in the tenancy deposit sector. We know that it can often be difficult for tenants to raise funds for a deposit at the outset of a tenancy, especially if they are moving from one property to another; indeed, that is partly the motivation for bringing forward the Bill.
In the Government’s response to the Housing, Communities and Local Government Committee following the pre-legislative scrutiny, we emphasised our commitment to assess the merits of alternatives to traditional security deposits and promised to report our findings to the Committee. The Government responded only in May, so I hope Members will forgive me when I say that the work is not quite completed, but it is in process.
We have been exploring this issue for a while, including in the 2017 consultation on banning letting fees. It may interest hon. Members to know that my Department, like many others, offers an employer-backed deposit scheme to civil servants living in the private rented sector. That works in the same way as a season ticket loan, allowing employees to borrow from their salary up front to pay for a rental deposit and repay it from salary payments over the course of their career. Many private businesses, such as Starbucks, take the same approach, and we definitely encourage more to do so.
I am pleased to say that in May the Minister for Housing and Homelessness held a roundtable with my hon. Friend the Member for Broxbourne (Mr Walker), who has been passionate about this issue, along with the three deposit protection schemes and Shelter, to explore further how existing tenant deposit protection was working and what further innovation was possible. I am pleased to say that, as a result of that preliminary work, the Minister has been working much harder to progress the issue and will convene a formal working group with the deposit schemes and key representatives from tenant and landlord groups to explore it further.
There are still many things that need to be considered, as was highlighted by my right hon. Friend the Member for Scarborough and Whitby. For example, the key concern with deposit passporting is ensuring that landlords are still able to recover any damages at the end of a tenancy. There is a great deal of technical complexity that needs to be examined. That would involve understanding the percentage of the deposit that could be passported, and when and how liability for providing a tenant with the relevant prescribed information about where their deposit is protected should be passed from one landlord to another.
We certainly need to consult the sector and get its input before implementation. We are also keen to explore other alternatives, aside from passporting, such as payment of deposits by instalment. I hope hon. Members can see that the Government are taking this issue very seriously. My hon. Friend the Minister has already convened groups and is continuing to convene working groups to examine this issue and figure out a way forward. With that in mind, rather than delay this legislation, I call on the hon. Lady to withdraw her new clause.
(6 years, 5 months ago)
Public Bill CommitteesQ
Alex McKeown: Some of the difficulty with the legislation that is already there with regard to letting agents is that you have to have knowledge of housing and of trading standards, so you almost need a trading standards and housing officer hybrid person. I have worked in authorities where I was a trading standards enforcement officer but I sat with private sector housing, and that worked quite well.
It is difficult to know, because there are also different problems in different areas of the country. In London, there is a much bigger problem than in the leafy counties. You will not get the same issues. In London, there are more vulnerable tenants who are being exploited, and you get the rogue agent element, but I cannot really speak for how it will work outside London, because I have worked in London for so long.
Q
Alex McKeown: Fifty per cent. I think a survey was done in 2010.
Councillor Blackburn: I have 56%—as in, it has reduced by 56%.
Under the Bill, how will people be able to enforce the rights they are being offered in the context of housing legislation as it exists at the moment?
Dan Wilson Craw: A tenant has two options apart from simply saying to the agent, “This fee is unfair.” The tenant can say, “If you don’t retract it, we’ll report you to the council,” or, “We’ll take you to the first-tier tribunal.” Those are the two options they have, in essence. The tenant can go to the council’s trading standards or to another authority and rely on officers to carry out an investigation, or take it upon themselves to make an application to the first-tier tribunal. We need that back-up process, but all a tenant can get through that process is the fee back, so we think there is merit in awarding a higher form of compensation to a tenant who goes through that process. That would create more of a deterrent for an operator who charges an illegal fee, it would potentially save the council work, and it would give the tenant something back for the effort they put in.
Rhea Newman: Enforcement starts with having a really clear ban in the first place. The clearer the ban is up front in terms of all the different provisions—for default fees and refunding holding deposits, and the ban on up-front fees—the easier it will be for landlords and agents to know what they can charge and for tenants to know what they should pay. When the Bill comes into force, there will need to be clear communication to all parties, so that it is very clear what should be charged and what should be paid.
Once the Bill comes into force, it may be quite difficult for a tenant to challenge an unfair fee charged by an agent during a tenancy. That is one of our concerns about default fees. There is concern among tenants, who do not want to raise issues with the landlord during a tenancy for fear that they might face a retaliatory rent increase or eviction. There are problems with challenging unfair fees once you are in a tenancy.
We have concerns that few tenants will use the option to go to the first-tier tribunal. Citizens Advice has done some research about how likely tenants are to take formal routes of redress, such as going to court, for disrepair issues. We know that few tenants will use that option, but it is important that it works as well as possible for those who can be supported to use it. I know you heard from local authorities this morning. I am sure they made the point about ensuring they are sufficiently resourced to enforce the ban. That will be a key part of it.
I come back to the point that the clearer the ban is in the first place, the easier it will be for all to enforce it. The evidence from Scotland really points to that. The reason the ban needed to be clarified in Scotland in 2012 was that the provisions were not clear in the first place. Even after 2012, Shelter Scotland has been running a campaign to help people to reclaim their fees. That just highlights how important it is to get it right in the first place.
Katie Martin: We think that it is really important to get enforcement right. We are concerned about the reliance on trading standards in terms of resourcing and the willingness of authorities to take action. We think the market is very much skewed in favour of landlords and agents, and that tenants actually have very weak bargaining power. As we have pointed out, tenants feel like they are intimidated and do not want to take action against their landlord for fear of retaliation.
We very much support the Government’s moves to introduce mandatory redress membership and we want that to happen as soon as possible, but we do not think that that will fix all the problems. We think that trading standards needs to be adequately resourced. We need to make sure that the requirements in the legislation are really clearly set out so that we hopefully do not get to the point where we have to resort to this kind of redress, but if that happens, it has to be adequately resourced and tenants need to be supported.
Q
Katie Martin: We have done some research on this. Our most recent research found that currently only 2% use their security deposit as their last month’s rent, and 34% have a deposit of four weeks, so it does not stack up as an argument for us. We think the benefits of bringing it down to four weeks would far outweigh the risks.
Indeed, the passporting arrangement that the Opposition mentioned would solve that problem as well. It is interesting to have some statistics behind that. Thank you very much.
Q
Dan Wilson Craw: The Bill will benefit tenants. Yes, we think that.
Rhea Newman: Yes, we do. Is this in relation to potential rent increases? Is that what the question is?