Leasehold and Freehold Reform Bill

Debate between Stella Creasy and Vicky Ford

Report stage
Tuesday 27th February 2024 Commons Chamber

[Stella Creasy]

I feel for the Minister today, because he must be kicking himself. This is probably one of the few debates I have heard in this place recently where I have not heard a bad idea. As constituency MPs, we see time and again the problems caused by retaining this feudal system of leasehold, and I suspect that the Minister, who has been looking at this issue for some time, is kicking himself because what he would really like to do is abolish the whole thing. Indeed, today we have heard support from across the House to do just that. In the short time available, let me say again to him that he would have our support to move to commonhold. He talked about how commonhold was probably the better model, and for those of us living in the vortex of gentrification, where thousands of flats have been built in our community, this is an incredibly pressing issue. We know that the casework we have seen over the past few years will expand as a result of leasehold continuing. That is why I wish to see the Government change their mind, perhaps in the other place, about getting rid of leasehold altogether, and why I have been pressing my local authority to listen to concerns of local residents who are stuck with leasehold, and change our local plan to make commonhold the default. I hope that they have heard this debate and will rethink their opposition to that.

I support the amendments in the name of my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), and wish to draw the Minister’s attention to two new clauses that I have tabled on issues with the existing system and the problems that leaseholders face. With 12,000 leaseholders in Walthamstow, I know that these issues will come up time and again.

New clause 2 is about the fact that although we have leasehold legislation, it does not tally with our consumer legislation. Leaseholders pay a service charge. They have a contract with freehold management companies to oversee problems in their properties, but few residents feel empowered to access rights that exist under the Consumer Rights Act 2015 to have a reasonable service within a reasonable timeframe for repairs. Today, colleagues across the House have given countless examples of that, so let me add my own, which is where my proposed new clause has come from. I am sorry that my hon. Friend the Member for Lewisham East (Janet Daby) is not here. She talks about Leigh Court and new clause 67, but residents in Essex Brewery in Walthamstow have been without hot water and heating since before Christmas. Indeed, they are still without hot water and heating, with little sight of any change.

Essex Brewery was built just five years ago. It has become apparent that the build by Crest Nicholson was poor at best, and a downright con at worst. Until January this year, Crest Nicholson was on the management committee and made more than £100 million in profit in the year that Essex Brewery was built. It has made half that this year—possibly less—because of widespread concerns about the condition of the builds it has made. What does someone do when they have bought possibly their first home, whether through shared ownership or leasehold, as hundreds did in that development, and they find that the pipes that bring in the hot water are faulty? I am sorry to say that those resident have little redress, because the management company, Kinleigh Folkard and Hayward—another multimillion pound organisation—left them without any explanation of why it would not repair the hot water until after Christmas. What a Christmas present that was. The Grinch had strong competition.

That was another layer of bureaucracy. KFH was appointed by the Essex Brewery management company, which was established by the freeholder, Helpfavour, to meet those obligations. KFH told the residents that because their insurance policy said that as long as they had water at all, the property was habitable and it was not going to do anything about it. That has left hundreds of residents, many of them vulnerable, for months on end without any hot water or heating in the current weather. Residents have had to boil kettles to get hot water to cleanse their babies, or pay bills that they cannot afford for extra heating through portable heaters. For those who have shared ownership it is even more complicated. Metropolitan Thames Valley states that it owns 24 of those properties and that it is prohibited by law from fixing the problem. New clause 2 is about matching consumer legislation with leasehold legislation, and giving residents the right of redress, not saying, “You’ve either got to buy out the leaseholders if you want some property control, or you are stuck with them and waiting to see.” I hope KFH hears this debate and is ashamed of its behaviour.

Amendment 1 is about leasehold tribunals. I know the Minister spoke of precedent setting, but residents across the country would tell him otherwise. I beg him to look at the Warner properties in Walthamstow, and at Y&Y management, which repeatedly rips off constituents across the country. The hon. Member for Harborough (Neil O'Brien) is not here, but he asked why people have to pay terrorism insurance. In Walthamstow that was the Warner estate company, which said that because the plane bomber lived in our constituency, 3,000 households had to buy terrorism insurance. Such cases come up time and again with leasehold and they do not get fixed in the tribunal. Amendment 1 would give precedent.

[Vicky Ford]

For some of my Chelmsford constituents, these provisions cannot come soon enough. One constituent told me how he bought his leasehold flat seven years ago, but now he and his wife want to move to a bigger home to start a family and progress their lives. For the past three years, they have been unable to sell their flat. They have tried listing the property with many different estate agents and had many offers, but no buyer can get a mortgage on the property due to a clause in the lease that means the ground rent can be doubled every 15 years. According to my constituent, nobody in this block of 20 flats has been able to sell a property since 2018. They feel stuck.

Retained EU Law (Revocation and Reform) Bill

Debate between Stella Creasy and Vicky Ford

Consideration of Lords amendments
Wednesday 24th May 2023 Commons Chamber

[Stella Creasy]

That’s it—apologies. The hon. Member for Bromley and Chislehurst (Sir Robert Neill) talked about unintentional deletions. Again, that is absolutely right. The Bill is not just about direct EU regulations; it is also about direct effect cases. It is a piece of case law that protects our constituents’ right to 50% of their pension pot that is being deleted without any parliamentary scrutiny of the process. That is the challenge.

According to the dashboard, those pieces of direct effect law that Lords amendment 6 would require the Government to set out, in the same way they have set out the EU regulations that they are going to delete, make up just 0.5% of retained EU law. It should not be difficult to at least tell us what case law is going to be deleted. For example, they are going to delete the direct comparator law that protects people in discrimination cases, so when our constituents come to us because they have been victims of discrimination in the workplace, basic protections that we might encourage them to look at and talk to their lawyers about will no longer exist. Again, they will ask us, “What did you do to make sure that this piece of law, whether or not it was a good idea, was scrutinised properly?” Amendment 6 would at least allow us to point to the place where it was deleted.

Lords amendment 15 is about Ministers who keep telling us that they do not want to water down any environmental regulations, whatever their colleagues who clearly have a vendetta against seals may think. It is simply a way of holding them to account, and this goes to the broader issue: whether or not Members agree with the habitats directive—whether or not they think there is room for change—surely it should be this place that deals with it, through a clear process.

I would wager that across the House, we would probably want to retain many of these pieces of legislation—again, I go back to airline safety and seatbelt rules. I am pleased that the Government have already said that they are going to retain those rules. Lords amendment 42 and other Lords amendments would pull together a Committee of both Houses that would do the sifting. It could simply say, “Yes, fine. Press on with using an SI Committee, those 15 people who have been hand-picked by the Whips, to nod it through and crack on with it.” However, where there is change—where Ministers are doing something for which we will be held to account by our constituents—it would bring in amendable SIs. It worries me that Ministers do not know that amendable SIs already exist in our constitution. The Hansard Society has supported that proposal. No statutory instrument has been voted down in this place since 1979, so it is simply not the case that using an SI Committee, whether under the negative or the affirmative procedure, would be democracy.

Brexiteers and remainers alike have supported the Lords amendments, because they recognise that taking back control ought to be about us doing our job. If Ministers and MPs vote down the amendments tonight, we will be voting ourselves out of a role. It may not take effect yet, but our constituents will not forgive us for removing their voices from this place. I urge Government Members, wherever they were on that debate, to at least abstain and indicate to Members in the House of Lords that there is a willingness to look at these processes and get them right. All of us who value democracy will be the stronger for it.

[Vicky Ford (Chelmsford) (Con)]

I wish to speak about the Government amendments and amendment 15. As colleagues will know, I spent many years as a British Member of the European Parliament, representing UK constituents. During that time, I served on the industry, research and energy committee, the economic affairs committee and the environment committee, and I chaired the single market committee. As such, I have had the opportunity to see how EU legislation can play an important role, especially in areas such as food safety, workers’ rights, consumer protection and the environment.

However, when I spoke on Third Reading, I also reminded people that I am very aware that EU legislation is not always perfect in all regards. The UK did play a key part in negotiating much EU law, but not every single element of EU law fitted perfectly to the needs of the UK. Indeed, due to the need to get a consensus across the 28 member states, we sometimes needed to have a one-size-fits-all and lowest common denominator approach. Therefore, I have always agreed with the principle of the Bill: that all of Whitehall needs to look again at EU retained law and ensure that it fits our needs.

On Third Reading, I also made the point that businesses and others need certainty, and I asked for businesses to get advance notice of which laws will drop away by the end of the year. I also urged Ministers to not be fearful of taking the time that was needed to get this right, so I am very glad that the Government have tabled the amendments that they have, which will set out a schedule of exactly which laws are to drop away by the end of this year and remove the sunset clause.

I also pointed out on Third Reading that unnecessary regulation can produce additional costs, which are often passed on to consumers. Amendment 15 deals with important issues such as food safety and the environment, but I have listened carefully to what has been said by Ministers in the other place and Government Members: that the way in which the amendment is drafted would add bureaucracy and delay in the making of new laws, and create legal uncertainty. That would add costs to the process, which would be borne by either the taxpayer or the consumer. At a time when our constituents are particularly concerned about the cost of their food bills, we need to be aware of that.

By voting against amendment 15 tonight, it is not the fact that I and others on the Conservative Benches do not care about the environment or food safety. I am very proud to be a founder member of the Conservative Environment Network, a caucus that brings together over 150 Members on these Benches and in the other place, and I am very proud to have stood on a Conservative manifesto that promised to introduce the most ambitious environmental programme of any country in the world. I am thankful to Ministers for saying throughout the passage of the Bill that the Government will not weaken environmental protection. None the less, some of our constituents have concerns.

The hon. Member for Walthamstow (Stella Creasy) just said this Bill will destroy the habitats directive. She has no evidence for that. The habitats directive has been a very important piece of legislation for many decades in trying to protect species. It was introduced in Europe by a Conservative MEP, who happens to be the father of a recent Conservative Prime Minister. However, species decline has continued across Europe despite that directive. We now have the opportunity to have a more outcome-focused, tailored approach to UK needs, and I gently say to Ministers that to reassure our constituents who care about biodiversity, it would be helpful for them as soon as possible to give more clarity about how they intend to reform the EU habitats directive—I know that a DEFRA consultation is going on at present.

The UK Government have gone much further than the EU in protecting habitats. In particular, we have been the first country in the world to commit to a legal deadline to halt species decline, and we have said we will do that by 2030. The landmark Environment Act 2021 also includes a new biodiversity net gain obligation for all new developments.

In my constituency, there is a new development of 342 dwellings. It is near the river in an area of wet grassland with hedges and copses. It is important habitat for many species including migrant birds, dragonflies, aquatic mammals and amphibians, and areas of higher ground in the undeveloped land are key refuges for small mammals and reptiles to escape to when the river floods. Because of the net biodiversity gain obligation, the planners and developers had worked with ecologists to introduce plans for new reedbeds, native trees and ponds, reinforcing hedges, increasing the woodland cover and making provision for bird and bat boxes and so forth. I did not think that was enough, because I was contacted by a constituent who is an ornithologist who has been watching this land for a long time. Because of the net gain initiative, the developers and their ecologists met my local ornithologist, and as a result the grass strip is going to be enhanced along the corridor where the barn owls hunt; the cycle path will be moved away to create a buffer from the trees where the nightingales nest; and the watercourse corridor will include scrapes for the water voles. All these are very important species: the nightingale and the water vole are red-listed species in the UK.

None of that action would have been taken if we had just relied on the habitats directive. This much more focused, devil-in-the-detail approach that we need to protect our nature and biodiversity is happening because of what this Conservative Government have introduced by putting that net gain responsibility on our developers.

I have a funny feeling that when we on this side of the House walk through the Lobby tonight to vote against amendment 15, those opposite will try to say that the Conservatives do not care about nature, species and the environment, but the actions of this Government show that that could not be further from the truth.

Shireen Abu Aqla

Debate between Stella Creasy and Vicky Ford

Monday 16th May 2022 Commons Chamber

[Vicky Ford]

I have been very clear about the actions the Government have taken to date. We continue to condemn this, we have called for an investigation, we have, through our ambassadors and the British consul in Israel and in Jerusalem, made very clear our position supporting the leaders to restore calm, the need to protect holy sites and the need for dialogue to move towards peace, and of course we always take any future measures into consideration.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister will have heard Members across the House calling for not just an impartial investigation, but an independent investigation. I will tell her why it matters: because in this modern world, independent fact checkers have been able to put together compelling, open-source evidence that points clearly to the responsibility of the Israeli forces for the murder of Shireen Abu Aqla. Given that, will the Minister confirm that the UK’s official position is that there should be an independent inquiry, not just an impartial one, so that the Israelis and the Palestinians can both have confidence in the outcomes? Will she clarify that: yes or no?

[Vicky Ford]

I think that it is really important that we work with partners across the world through the UN Security Council. It is the UN Security Council’s wording, agreed among all those countries, that calls for an impartial investigation. That is the wording that has been agreed by the UN Security Council.

Childcare

Debate between Stella Creasy and Vicky Ford

Monday 13th September 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Vicky Ford)]

It is an absolute pleasure to serve again under your chairmanship, Sir Roger. I would like to begin by congratulating the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) on securing this important debate on childcare. Every parent wants their child to have the best possible start in life, and high quality, accessible childcare is a really important part of that. Many right hon. and hon. Members have taken time this afternoon to thank childcare workers, and I agree with them: childminders, playworkers, and each and every member of our early years staff deserve our admiration, our gratitude and our thanks. I also thank Joeli Brearley for having started the e-petition that prompted this debate. Parents such as Joeli value the strengths and opportunities that our childcare sector delivers, and my Department is committed to maintaining a sustainable network of early years providers.

I recognise the strength of feeling about our childcare system, and the Government will continue to consider ways of making childcare more accessible for parents. Many right hon. and hon. Members have pointed out the special importance of childcare to women—to mothers—and as someone who once had three children under the age of four, boy, do I remember that juggling balance that so many Members have mentioned. It has been particularly impressive to hear so many fellow women MPs speak with such passion today. However, I would also like to thank the male colleagues who have taken time to join us in this debate, because it is vital that we all stand together.

I also recognise the importance of the quality of our early education and childcare. Earlier this summer, I visited the Guildford Nursery School and Family Centre and saw how committed its staff are to giving children the best start in life, like so many other hard-working nursery staff and childminders across the country. It has been a true delight to hear so many Members of Parliament mention providers in their constituencies.

Access to high quality early childcare is important because it has such positive benefits for a child’s educational and life outcomes. As we know, childcare is important in helping parents to be able to work. I am proud to be part of a Government who have extended access to early education and childcare to millions of children and parents over the past decade. In 2013, the Conservative-led coalition Government introduced 15 hours of free childcare for disadvantaged two-year-olds. That has helped more than 1 million children to get a much-needed early boost to their education. I encourage all hon. Members to encourage families from lower-income backgrounds to take up that offer, because when they do so children do better at school and it gives them vital skills that set them up for life.

Back in 2017, the Conservative Government announced 30 hours of free childcare for working families, which enabled hundreds of thousands of parents to return to or take up paid work, and many of those families have saved thousands of pounds. Working families can also get help from the Government’s tax-free childcare scheme, which offers a 20% contribution towards their childcare fees and is worth up to £2,000 a year for children aged up to 11 or £4,000 for children aged up to 16 if the child is disabled.

[Stella Creasy]

Will the Minister give way?

[Vicky Ford]

I will give way to the hon. Lady, but before I do so I want to congratulate her on her beautiful baby. I hope she is getting a bit of rest.

[Stella Creasy]

I would get even more rest if this place moved with the times and the law and provided proper maternity cover.

The Minister is talking about the take-up of the 30 hours of free childcare. As has been said, the evidence shows that the vast majority of people taking it up—70%—are from the higher-earner income bracket, and that just 13% of eligible families from the bottom third of the income bracket are taking it up. Why does she think that is the case? Does she recognise that the way it is funded at the moment means that we are excluding some of the poorest families because they cannot afford the rest of the cost of childcare? What does she think is happening?

[Vicky Ford]

I thank the hon. Lady for her question. When it comes to the take-up of the two-year-old offer, which is particularly targeted at disadvantaged backgrounds, there is a huge discrepancy between different parts of the country. For example, there are parts of London where up to 70% of families have taken it up, and other parts where it is far lower. That is why I encourage Members to get in touch with me if they want and I will tell them about the take-up in their area. As I said, there are areas where seven out of 10 families are taking it up and are continuing to do so. I will talk more about disadvantaged families later.

As the hon. Lady is aware, the Government can also help with 85% of childcare costs for universal credit claimants even if they work only a few hours a week. I know it can be challenging to claim, but it is important to recognise that it is there. In my own jobcentre, the job coaches are working closely with parents to help them with making a claim that so that they can get back into work.

Wraparound childcare is also important as it not only supports parents so they can work but can benefit children and young people’s mental health and wellbeing, and their educational and social development. I was absolutely delighted to go around the country this summer looking at our holiday activities and food programme, which has ensured that thousands of school-aged children on free school meals have had access to childcare as well as exciting activities and food. I thank all Members who visited their HAF programmes this summer. It is the first time that we have ever had anything like that type of project for our children. Of course, we piloted it for three years, but this year it has been all across the country, and local authorities are already setting out their plans for Christmas.

The Government invest a significant amount in early education and childcare, including £3.5 billion for each of the past three years on funding our entitlements for two, three and four-year-olds. In November 2020, the Chancellor announced another £44 million investment for this financial year to help local authorities increase their hourly rates paid to childcare providers. All local authorities have seen an increase of at least 8p an hour in the two-year-old entitlement. The vast majority of areas have had an increase of 6p an hour for three and four-year-olds. Significant increases were also made for hourly rate entitlements funding in 2019.

Several hon. Members from London constituencies mentioned the cost of childcare in London. It is important to note that we pay a higher funding rate for those entitlements in areas where business costs are higher. The average hourly funding rate for a three or four-year-old across all of England is £4.91, but the equivalent for London is notably higher at £6.11. The hon. Member for Hampstead and Kilburn (Tulip Siddiq) may be interested to know that in her constituency, the amount we pay to Camden is one of the highest in the entire country at £8.51.

My hon. Friend the Member for Winchester (Steve Brine) mentioned the spending review. As hon. Members know, we are already working on a multi-year spending review. In the Department for Education, we are absolutely continuing to press the importance of early years care and education right across Government as part of that spending review. Given that we are in the middle of spending review negotiations, it would not be appropriate to launch a separate independent review of childcare at this time because the outcomes of such a review would not be able to feed into the speeding review that is happening right now. We expect the outcome of the spending review to be announced later this year. My hon. Friend also mentioned closures.

Oral Answers to Questions

Debate between Stella Creasy and Vicky Ford

Monday 18th January 2021 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

Ministers will have heard the concern across the House about the safety of special needs schools and nurseries. To reassure us, can they tell us what meetings they have had over the past two weeks with Public Health England about the evidence of transmission associated with special educational needs pupils, their parents and staff at those schools, and the pupils, parents and staff in nursery settings? What does that evidence tell us about transmission over the last two weeks?

[Vicky Ford]

We are in continual contact with Public Health England, through the Department, and we also meet early years representatives. I have been touring special schools virtually throughout. Our early years are vital years of education for the youngest, which they cannot get back, our special schools provide vital support for young people with disabilities, and alternative provision settings are vital for our most vulnerable. All those settings are usually smaller than other settings, which is why they have less of an impact on community transmission —it should be remembered that we closed schools to reduce community transmission—and why PHE continues to advise us that closing them is not needed to bring down the R number.