Non-Domestic Rating (Public Lavatories) Bill

Thangam Debbonaire Excerpts

2nd reading & 2nd reading: House of Commons
Thursday 16th July 2020 Commons Chamber

[Mr Clarke]

That is a well made point. It is precisely because so many people rely on these facilities that it is important that we do this. Although it is not necessarily the kind of legislation that people will talk about in 100 years’ time, it is of real, practical value.

[Thangam Debbonaire (Bristol West) (Lab)]

They should.

--- Later in debate ---

[Thangam Debbonaire (Bristol West) (Lab)]

I do not know where to start—after so many weeks away from this place, it is extraordinary to come back to this Bill, which is incredibly important.

On the east coast of India, in a town called Pondicherry, on the seafront, beside a broad walkway, underneath coconut trees and opposite a massive statue of Gandhi, there is a large public sign. It has a map of the town on it, and all public lavatories are clearly marked. There are pictures and diagrams clearly illustrating activities that may be carried out in them, and importantly, there are also pictures and diagrams illustrating equally clearly where those activities should not be carried out. There is information about the public health consequences of carrying out these exercises other than in lavatories. It requires no app and no internet. The sign is replicated in other public meeting spots around the town, and I love it—I love it so much that I have a picture of it on my phone. I have followed the toilet trail around the town, and I can vouch for every one.

On a serious note, the message from the sign is clear, and it is one that we need to reflect on as we consider this Bill. Across the whole globe, public health requires that there are public toilets and that people can use them with confidence, know where they are and trust that they will be available, safe and clean for use. I salute that wonderful town and all the others across the world who understand the need to promote public lavatories and, importantly, to break down taboos about talking about them, because we definitely need to do that.

It is absurd to think that people will leave their homes for leisure, pleasure or the many jobs that take us out and about and suspend their need for a lavatory. Urination, defecation, menstruation and changing babies’ nappies are all natural bodily functions, even if we do not enjoy talking about them, and they all require toilets. The absence of toilets does not remove those bodily functions. Instead, it removes people’s freedom to enjoy public space. It affects their health or, unfortunately, prompts the unsavoury use of public space as a lavatory. The Bill recognises that, in part, and we will be supporting it. Since it helps to address some of the problems of financing the upkeep of a public lavatory, we will not stand in its way.

I want to place on record my appreciation of the House of Commons Library research staff, who turned around a briefing for my hon. Friend the Member for Blackburn (Kate Hollern) and I in quick time to help us to prepare for this debate, and of the Royal Society for Public Health and the British Toilet Association. Their contributions inform our scrutiny and will help us to make suggestions for improvements, which I hope Ministers will consider in the autumn. I also thank the Clerks in advance for their help.

We will support the Bill, but we have concerns. First, there is the lack of help with lavatories in other public buildings, such as a library or a community hall. Secondly, the Bill does not redress the overall damage done by the past 10 years of cuts to local authority funding, which have resulted in councils’ unwillingly taking difficult decisions to remove loos or restrict their use. I am concerned that the funding that the Bill provides, though welcome, will not be sufficient to remedy the gaps, and I want to ensure that the Government are aware of the strain that local authorities are under at the moment in any case.

Thirdly, there is no recognition of the consequent inequality of access to public space, particularly for elderly, sick or disabled people, parents of young children and women and girls. Nor does the Bill recognise the consequences for all of us when some people end up using the public space. Fourthly—I know the Bill was originally planned before covid, as the Minister also mentioned, but here we are—there is nothing that I can see that would help struggling local councils to restore and to provide additional cleaning and staffing during this crisis, at a time when we all want to encourage people to feel confident about going out and about. The Minister mentioned the covid importance, but I have not yet seen anything that deals with those increased costs, and I hope we can return to that at a later date.

I would like each hon. Member here to imagine the loo map of their own constituency. They have probably all checked, Mr Deputy Speaker, and I hope you have too. It is a fascinating subject. Has the map been made public? Is it in plain view? Can it be found in a place that people naturally head to for information? Can someone who does not have a smartphone easily find out where the loo is while they are out and about? Will it be close, open, safe and—ideally—free?

To anyone listening to our debate who says they never use public loos—I do, by the way—I encourage them to consider what it is like to have a bladder infection, to be in that early stage of pregnancy where the baby is causing urgent needs, to be elderly and not able to sprint to a lav, or not to have the confidence to go into a café and say, “I have a medical condition and I need to use your loo.”

Many councils, towns and cities, including Bristol, do have the schemes that the Minister has mentioned to use loos in private property, but many people do not know about those schemes. That includes the Can’t Wait card; the Minister quite rightly commended businesses for that, but I fear that many people still do not know about it or do not have the confidence to use it, and of course at the moment many businesses are shut.

If there are not sufficient facilities, we all suffer. There are the social and economic consequences, and there are consequences for us all, with the smells, health and hygiene problems, if people choose to or feel forced to urinate or defecate in public. The Royal Society for Public Health recently published a fantastic report called “Taking the P***”—one can fill in the asterisks for oneself, Mr Deputy Speaker. The subtitle, and the subject, is “The decline of the great British toilet”. It is a most educational report, and I urge everyone who has a problem discussing the subject of loos to take a read and consider what life would be like if we did not have public toilets, and what it is already like when there are not enough.

More than half of the public apparently restrict their intake of fluids before and during a trip out, at the risk of dehydration and other health consequences. One in five operate on a toilet leash, not allowing themselves to go further than they can nip back home from to use the loo; that number rises to more than two in five for those who have medical conditions. That has economic as well as social consequences.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I am sure the Minister will be greatly relieved that there is a general consensus on this public lavatories Bill. Does my hon. Friend agree that, while there should be adequate provision in council budgets and they should be supported in the provision of public lavatories, those lavatories must also be accessible, and that it is not good enough for us to allocate space for public toilets if they are not accessible, especially to those with special needs?

[Thangam Debbonaire]

I completely agree with my hon. Friend; it is as if he has read my speech, which says that the lack of public toilets disproportionately affects people with ill health or disability, the elderly, and also women—I mentioned menstruation—outdoor workers and homeless people.

Health conditions that require frequent trips and often privacy that a cubicle alone can provide include bowel cancer; stroke; multiple sclerosis; use of a stoma; urinary incontinence, which can happen for all sorts of reasons, including family history, and at all ages; inflammatory bowel disease such as Crohn’s or ulcerative colitis; and conditions that damage the nerves that control the bowels or bottom, which can include stroke, spina bifida, recent surgery and childbirth. One in 637 people has Crohn’s; one in 417 has ulcerative colitis; one in 500 people lives with a stoma; and one in 526 has multiple sclerosis. Every single right hon. and hon. Member in this House will have constituents who are thus affected.

Women need the loo more often when pregnant, menstruating or out with small children, or after childbirth. Differences in clothing and anatomy mean that it takes longer for women, which results in queues and waits, which in turn causes problems for women’s health. People’s whose job keeps them out and about have real problems if they cannot find a loo. I am sure that the Minister is aware of this, but I wish to add to his list of concerns rough sleepers and other homeless people: even if they have accommodation in a night shelter, they still need somewhere to go by day. We cannot expect them simply to stop functioning, and they may struggle to use options such as shopping centres or cafés. That is a lot of people I have listed.

The “Taking the P***” report rightly points out that we have a taboo about talking about natural bodily functions and, as a result, public loos and their role in assisting with hygiene, hydration, exercise and participation in public life are not recognised sufficiently as the public health resource that they truly are—I think I have become somewhat passionate about the subject of public loos. The British Toilet Association raised with me problems of public fouling, which has consequences for health, hygiene and enjoyment of public space. There is also a risk of covid transmission through human faeces. Fouling in parks and on beaches has particular risks for children, and that has been compounded during the crisis by the closure of many public loos.

The British Toilet Association also raised the fact that access to a public toilet is a human right under the UN sustainable development goals, and in particular that women and girls need somewhere private to change sanitary products. Closing public loos does not stop people needing them; it just stops some people going about their daily lives and causes others to do things that have health consequences for us all.

The Bill helps only the finances of buildings that are solely or mainly loos—so far so good—but it will do nothing to reverse the decline in numbers and will not help with the running costs of loos in other buildings. The Royal Society for Public Health estimates that the running costs of public toilets vary between £15,000 and £60,000 per year, depending on size and staffing. In 2018, the BBC’s “Reality Check” used freedom of information requests to obtain information from most councils, and concluded that at least 673 public toilets had closed between 2010 and 2018. By my calculations—the Minister may have a better calculator than me—that means that it will cost between £10 million, give or take, and £40 million, give or take, to replace those lost lavs. Given the consequences of those reductions in numbers for public health and people’s lives, will the Government at least check my workings and use their good offices to come to a more accurate figure that we can at least debate when we come to the next stages of the Bill?

As I said, we will not oppose the Bill, but we will seek to amend it at later stages. As a favour to the Minister, I shall outline the ways in which we might do that. Will the Government assess the number of public lavatories in buildings that would not qualify for the provisions in the Bill, and the opportunity cost of not giving them that same support, as well as the actual financial cost? We can then debate on a more informed basis whether we need to increase the Bill’s reach to include those lavatories. Will the Government assess the cost of replacing them all? Will they assess the need for increased capacity to meet the specific needs of parents with young children, people with relevant illnesses or disabilities, women and girls, and older people? That would mean an equality impact assessment. Will they use the Bill to create provisions for emergency temporary additional financial support for local councils to help with the costs of operating, cleaning and staffing public toilets during the continuing covid crisis?

I hope that by now the House will have heard my enthusiasm for reforming the provision of public loos, my urging of the Government to push the Bill further, and my utter lack of toilet puns, which frankly I need to be commended for—there may have been accidental ones, but I promise that I did not intend them—but I cannot close my speech without remarking that although this is a chronic and serious problem, it does not have the urgency of other issues under the purview of the Department for which it could, and arguably should, have used this parliamentary time before recess. Those issues include the renters’ rights Bill promised in the Queen’s Speech and the building safety Bill—legislation that covers urgent needs that are going to become apparent over the summer, as is particularly true of the renters’ rights Bill, what with the temporary ban on evictions set to end in August.

We would have helped the Government to get emergency temporary legislation across the line in time for the temporary evictions ban to make sure there was provision for those who felt the need to be protected by the Secretary of State’s good words back in March, when he said that nobody should be made homeless because of coronavirus, of which there is a real risk. That time has now gone. I am also concerned about the buildings safety Bill. It is obviously around—whispers have come to my ears—but we have not yet seen it, and three years on from Grenfell, people have spent the lockdown living in unsafe buildings and often paying for the cost of the waking watch.

All in all, the Bill is needed, though a curious priority compared with other urgent needs. Given that it is before us, however, we are disappointed that the Government have failed to seize the opportunity to restore public loos, help millions of people to enjoy daily life and redress the damage done over the last 10 years, but we will return to all of this in September, when the Bill returns for its remaining Commons stages.