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Live Debate
Lords Chamber
Lords Chamber
Monday 7th July 2025
(began 3 months ago)
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This debate has concluded
14:37
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My My Lords, My Lords, first My Lords, first Oral My Lords, first Oral Questions.
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My Lords, I beg leave to ask the question standing in my name on the
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Order Paper. At the end of March, 2024, there were 38 mothers and 36 babies in the
were 38 mothers and 36 babies in the mother and baby units. Currently, six mother and baby units across the women's prison estate in England
providing specialist accommodation and support services. These enabled mothers were appropriate to have their babies with them in prison.
Sentencing is a matter of independent judiciary, but this Government has a clear goal of reducing the number of women in
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children. I thank my Noble Friend that
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I thank my Noble Friend that Minister for that answer. As well as the mothers with babies there are
the mothers with babies there are more than 200 pregnant women and, typically, babies parted from their
typically, babies parted from their mothers in prison at 18 months. If
mothers in prison at 18 months. If
mothers in prison at 18 months. If these mothers are no risk to their babies, RDA risk to anyone else? Should they be in prison at all? Does my Noble Friend Minister think there are better arrangements that we could make for mothers with
we could make for mothers with babies serving custodial services? For example, secure mother and baby
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homes in the community. To answer my Noble Friend question head-on, without these women should be in prison or not is
women should be in prison or not is a matter to decide on each individual case. However, we have
individual case. However, we have the on major changes to sentencing framework, including two short
sentences to which 75% of women are
sentences to which 75% of women are sentenced to which would help to reduce the number of women, including pregnant women, in prison.
On the question about arrangements for women and their babies just last week I was in the mother and baby
week I was in the mother and baby unit at HMP Park speaking to the mums there. In my view, the facilities and support offered were exceptional and item grateful both the staff and the third sector
the staff and the third sector organisations such as action for children who provide that support. We need to maintain those standards
of care, but the real answer to this question lies in tackling the structural problems that leave these
structural problems that leave these women in the Criminal Justice Bill system in the first place.
But as with the women's Justice Board,
with the women's Justice Board, which I proudly check, is seeking to
address. Early intervention, division from prison, community solutions, so that we have fewer women in prison, and that includes
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their babies also. Six mother and baby unit are successful. However, 17,000 children
per yer are separated from their mothers by imprisonment, having both
children and mothers. The impact of
14:40
Oral questions: Number of mothers with babies in prison and alternative sentence arrangements for child care
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domestic abuse and drug addiction is overwhelming. ITV News ran an article last Monday in which the Noble Lord was interviewed and
rightly described the prison for many women as a disaster. So, how
quickly can we cut the use of prison for mothers and children to a
minimum and provide women offenders with a therapeutic environment that
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they so badly need. Thanked the Noble Lord for his question and he is exactly right that we need to do more and we need
that we need to do more and we need to do it faster. That is why the women Justice Board is acting quickly and coming up with the answers in the next few months. And
answers in the next few months. And the intent to supervision court models which we are very
models which we are very
enthusiastic about for female offenders and it is said going to prison with a feather wraparound support services so that they could stay out of prison and stay in the
stay out of prison and stay in the community, but this also comes back to a subject out in very passionate about which is attachment and it is really important for mothers to be
really important for mothers to be with their children so that they can
with their children so that they can gain that attachment which they have if not secured in the early guess
can cause significant problems later on.
As someone that has grown up with hundreds of children in my life, I am also well aware of the
14:42
Lord Winston (Labour)
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issues. An experiment some 50 or 60 years
14:42
Lord Timpson, The Minister of State, Ministry of Justice (Labour)
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An experiment some 50 or 60 years ago showed that a newborn baby cat blindfolded, if blindfolded for
blindfolded, if blindfolded for about six to eight weeks would remain permanently visually impaired thereafter. And, of course, what we
do know is that the infant brain is developing faster in those first
failures. I congratulate the Noble Lord and what he is trying to do to improve the environment of women and
their children. Does think it awkward now and if so, how would we
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do it? The environment in mother and
baby units, I have seen them in our prisons and they are stimulated and
prisons and they are stimulated and incredibly professionally run. I also know that many. Parents and families with children and those
14:42
Earl Attlee (Conservative)
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families with children and those imprisoned do a great job, but we
are dealing with women in the justice system, most of whom are victims, most of whom are very ill
or suffering from addiction and most of whom have mental health problems and that is why it is important that wraparound services that we have to support them does that.
14:43
Lord Timpson, The Minister of State, Ministry of Justice (Labour)
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We are all very grateful for the efforts of the Minister in this
matter. The Minister was very careful to maintain judicial
independence sentences, but is he
convinced that the sentences are invariably cumbersome of whether the
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female offender is pregnant or not. The experts that work in the
14:43
Baroness Finlay of Llandaff (Crossbench)
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The experts that work in the justice system and in the social services are best placed to decide
services are best placed to decide how to support mums and their babies
when they are in the justice system and I think one of the things that we can introduce a social workers and prisons and that is a really
important role that I am looking
forward to seeing how it is going, but so far so good, because, as I said in a previous answer, the complexity of these women's lives means that there would be an awful
lot of support, especially in those early years.
14:44
Lord Timpson, The Minister of State, Ministry of Justice (Labour)
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How is the monitoring undertaken
to ensure that they are not being given drugs to maintain their drug
addiction? And how they tested for
them come off drugs and maintain better quality with a baby as a
result of that? And are they also tested for viruses that might be a
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problem if they decided they wish to breastfeed? I am not familiar with the exact
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I am not familiar with the exact details but I do not prisons we have
14:44
Baroness Smith of Llanfaes (Plaid Cymru)
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details but I do not prisons we have mandatory drug testing basis and as I should before having foster
I should before having foster
children at home we had to be careful when we open the fridge whether we got the couple or the methadone out. At one of the things that is really important is that too
many drugs later prisons and to any
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people in prisons are addicted to drugs and we need to deal with that. As there is no women's prison in Wales, can the Noble Lord the Minister give an update on the
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Minister give an update on the residential centre in Swansea? The residential centre in Swansea
14:45
Lord Kirkhope of Harrogate (Conservative)
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The residential centre in Swansea is something that we are
is something that we are considering, and obviously we have had the Spending Review and awaiting the allocation process. Now they have planning permission and it is something that Welsh colleagues we
talk a lot about. I do know that in Southampton and Willow Dean of the residential and residential centres for women are really important. Not
just to help them recover and from often addiction and mental health issues but as a safe space. There
are a number of women that are there because of dysfunctional
relationships and often the experience violence at home, as
experience violence at home, as
experience violence at home, as The final sees have to be applied equally to men and women -- penalties.
As he satisfied that it is more in the interests of children
is more in the interests of children to always be with a mother in prison, rather than being outside of
prison, rather than being outside of that environment and being looked after more adequately by society?
14:46
Baroness Gohir (Crossbench)
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Children always have to come first in these decisions. And I have
first in these decisions. And I have
met a number of mums in prison who are with their babies and it is the best place for them and their baby. It is a safe place, they are getting
a huge amount of wraparound support and are able to build really important relationships with their young children. But as for the judiciary to decide who goes to
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prison. ... Able to share what support is
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... Able to share what support is given to the women who want to leave prison and how long is that support
14:47
Lord Timpson, The Minister of State, Ministry of Justice (Labour)
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provided for? The general rule is that babies can stay with mothers in prison
can stay with mothers in prison after 18 months but there is also flexibility so they can stay longer if required. What is important is that when women leave prison with
their babies they have somewhere to live and they have a wraparound
support network and that is why it's really important to give them a soft landing when they leave prison and
that is where probation comes in and whether 700 million of extra funding we have got will be really important
to make sure to get that first night accommodation.
We don't want anyone leaving with no fixed abode.
14:47
Lord Sandhurst (Conservative)
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The Prison Reform Trust 2095 report found that two thirds of
mother and baby units are operating
above said capacity. Can he confirm how many mothers are currently held in standard non-NB you prison
accommodation with infants, due to those shortages, and what urgent
steps are being taken to address this? this?
14:48
Lord Timpson, The Minister of State, Ministry of Justice (Labour)
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Having been chair of the Prison Reform Trust I should know the details of that question but I don't know the exact details to hand so I
will write to him with exact details. What I do know is it's really important keep monitoring what happens in mother and baby
units because it is the children, they are our priority and we need to
make sure that mum and baby leave there in a very safe way.
14:48
Oral questions: Estimate of unpaid tax each year and steps to address the issue
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Second Oral Question.
Order Paper.
14:48
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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My Lords, the tax Was estimated to be 5.3% of total theoretical tax
liabilities. The budget last year the chance to announce the most
ambitious package of the close the tax gap. The government built on this at the Spring Statement, setting out plans to make it easier for taxpayers to the right amount of
tax through moderate and digital tax system. -- Modern and digital. This
will raise extra tax revenue each year.
14:49
Baroness Alexander of Cleveden (Labour)
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I thank the Minister for his
answer. He will be aware that in May the National Audit Office reported
on collecting the right tax from wealthy individuals. They noted,
underlying levels of non-compliance of the wealthy could be much greater
than anticipated, they also noted that on the most recent figures available, HMRC's wealthy team
devoted just 5% of their casework to investigating offshore non-
compliance. Given that, what timelines will the government set
for HMRC, around tackling non- compliance by the wealthy, particularly surrounding offshore
assets?
14:49
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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I'm very grateful to my noble
friend for her question. As part of the action, we are taken to close
the tax cut, HMRC are recruiting additional 5,500 compliance officers by the end of the parliament, 400 of whom will be working specifically on
wealthy offshore risks. Missy has
completed new team specifically focused on tackling offshore non- compliance cases and is expanding its counter fraud capability
targeting those who facilitate wealthy individuals hiding money
offshore. The report noble friend mentions the National Audit Office does recognise this government is going up compliance activity to tackle serious offshore non- compliance and that we have
committed further funding to do so.
Looking ahead, will take further
action to close the tax cut. We publish consultations on strengthening HMRC's ability to act against those tax advisers who
facilitate non-compliance and to close in on promoters of marketed
tax avoidance. My noble friend asked about timescales. We will set out
further plans at the budget and we will also shortly publish roadmap setting out HMRC's strategic ambitions and the transformation
required to achieve them. required to achieve them.
14:51
Lord Leigh of Hurley (Conservative)
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I welcome the noble Lord the Minister's response. Have nose after last week, this government will have
to raise hell of a lot of tax to compensate for the extra expenses incurring but on the subject of offshore tax avoidance, he will be aware that 3 million parcels a week
arrive in the UK from offshore suppliers, and with goods under £35 of value and therefore exempt from
VAT. Estimates are roughly £1 billion of VAT that is not even in
the tax, but additional tax could be recouped.
The number of actors have
ideas on how to procure this. Will he agree that Treasury and HRC keep bashing us away to meet with us to
bashing us away to meet with us to discuss how we can stop this tax. -- HMRC.
14:51
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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He has been touch with my colleague Exchequer Secretary and
has had discussions about a meeting, I'm sure he'll be in touch with him in due course.
14:52
Baroness Kramer (Liberal Democrat)
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This is whistleblowers awareness week. The Minister will know that
HMRC, in its attempts now to clawback large amounts of tax fraud, has announced a new scheme of
rewards and incentives in order to bring whistleblowers into discussion
with HMRC and pursue fraudsters. But there has been very little information about the structure that sits around this for Magnus and that are in place and the portals. Can
you give an update on what is meant to be the central pillar of the new
attack on fraud? attack on fraud?
14:52
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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No. I'm grateful to her for making me aware of awareness week.
She says, is the central pillar of our strategy. I'm not sure it is one
pillar of our strategy. I think most importantly we are recruiting an
additional 5,500 compliance officers and that is the central piece of
what we are doing. In terms of updates if there is anything further to say I will write to her.
14:53
Lord Londesborough (Crossbench)
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Public Accounts Committee back in February accused HMRC of " not being
sufficiently curious about the true scale of tax evasion in this
country" suggesting that tax authorities estimate of £5.5 billion
per year may be a significant underestimate. Does the Minister
-- Committee's concern.
14:53
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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I don't think anybody could
possibly say we weren't resourcing the fight against the tax
the fight against the tax
In my original answer, the National Audit Office in their report does recognise this government is going up compliance activity, to tackle serious offshore non-compliance, and we have committed further funding to
do so. They also recognise many of the measures were taking including, as I said the noble Lady earlier, significant additional investment in
compliance officers by the end of
the Parliament.
I think he will recognise you are taking the most ambitious package ever to close the tax cut, we have committed £661 each
year on measures to do so -- 660 million.
14:54
Lord Watts (Labour)
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Isn't it disgraceful that some of the richest people in Britain
actually get honours despite the fact that the register for taxpayer
in places like Monaco. As well as that, the usually first in the queue
for taxes payouts if they want a subsidy for the business. Isn't it time we took a tough line with these
freeloaders?
14:54
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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I don't think the honours system
is a matter for me to comment on. He will be pleased to know that
although we are taking action that I've already described, we also intend to take further action to
close the tax At the Spring Statement republish -- we publish
consultations on a wide range of issues, including strengthening
HMRC's ability to act against non- compliance.
14:55
Lord Foulkes of Cumnock (Labour)
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Would he give us an assurance...
That the Treasury will pursue members, former members and members only the absence of this House, with
the same vigour as pursuing everyone else? And in relation to one
notorious tax dodger, with the Treasury except the cash delivered
Treasury except the cash delivered
Treasury except the cash delivered -- JCVI. -- JCV.
14:56
Lord Wallace of Saltaire (Liberal Democrat)
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Is not for me to comment on individual tax affairs.
question of information for independent territories is key.
There was an agreement between the Treasury and the independent territories on the provision of full
information about ownership of assets as they relate to tax evasion
here. We are well aware that a number would be dependent, particular British Virgin Islands
have not implemented that agreement.
Is the government pushing them to do so?
14:56
Baroness Neville-Rolfe (Conservative)
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The questions are ongoing.
extra £300 million into their compliance, and fraud operations,
and estimates suggest these teams now have nearly 28,000 staff which
problem includes some of the 5,000 the Minister mentioned. So what is
the estimated cost benefit of this significant investment? And can the Minister agree to report to
Parliament both on the cost and on
the tax actually recovered on a regular and consistent basis? Because we all want to see the success of this market initiative.
14:57
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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I think I can say very clearly
that we have committed an average of
£616 each year on measures to do so. By the end of the Parliament that will raise an additional £7.5
billion per year so I think that is quite a good cost benefit ratio and of course each butted budget will report report
14:57
Lord Sikka (Labour)
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HMRC failed to collect around £500 billion of taxes in one year so
I welcome the additional S investment but I'm concerned about
the introductory. Page 95 of the Spending Review shows that HMRC
budget for 20 D5/26 is to be 6.8 is
to be 6.8 billion, rising to £7.3 billion for 26/27, and after that
there is a real cut, the budget will
be 7.1 billion for 27/28 and 6.9 billion for 2028/ 29. So does the
Minister agree that a real cut to
the HMRC budget is not conducive to sustained fight against organised sustained fight against organised tax avoidance
14:58
Lord Livermore, The Financial Secretary to the Treasury (Labour)
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I think what is conducive is the most ambitious package ever to close
the tax cut, raising six point part
£5 and £1 billion as a result of the result of the Spring Statement.
14:58
Oral questions: Impact of Artificial Intelligence on the sustainability and reliability of the news media Lord Black of Brentwood (Conservative)
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Third Oral Question.
Paper. I declare my interest as to be chairman of the Telegraph media group.
14:59
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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Trustworthy journalism plays a
vital role in our democracy. Rapid recent developments in generative AI pose significant risks and
opportunities for news media. We are
engaging with stakeholders on this. The media minister and technology sector each held roundtables earlier this year with publishers and broadcasters discussing the issues around AI and journalism. The
government will export our news media to capitalise on the huge benefits of the technology while
benefits of the technology while mitigating its risk.
14:59
Lord Black of Brentwood (Conservative)
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Imposes an extension threat to independent media because of the way
AI scrapes the high quality content without either attribution or payment to those who created, and
act of theft, directly threatening the provision of quality news and the jobs of thousands of reporters.
Is she aware that research by cloud flare shows that for example for every 73,000 pages of content
scraped by anthropic so I news providers there is one single
referral back to publishers websites. Does she realise without this vital traffic publishers can't
sell advertising or subscriptions and the businesses become unsustainable.
The free press cannot wait years for copyright because
there was nothing left to protect. We were promised immediate action on this issue when the data act went
through. When will we get some of it?
15:00
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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We want to get this right and for AI to work for everyone. All of our work is around protecting rights
already existing for craters and press and ensuring AI creates new revenue streams for them. We are
carefully reviewing the responses to our consultation to ensure any proposals taken forward properly
support both AI and creative
support both AI and creative support both AI and creative
15:00
Lord Alton of Liverpool (Crossbench)
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With the noble Baroness the Minister undertake to view the opening session by the Joint
committees human rights held last Wednesday into human rights and Artificial Intelligence? And, in particular, to look at the evidence of Professor David Leslie, the director of the Alan Turing Institute, who was very clear that
this could not be dealt with unless there was transnational cooperation and your attention to the convention
of the Europe document which was published last September to which
the United Kingdom is a signatory and have not yet ratified it.
I wonder then noble Baroness could tell us when we will. tell us when we will.
15:01
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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I will need to refer back to the
Noble Lord on the second point. On the first point, I would be more than happy to watch the session he
refers to as noble Lords will be aware we have got a number of late sitting days, so I think I will make sure I use at least one of the
evenings to watch what sounds like a really interesting evidence session. really interesting evidence session.
15:01
Baroness Kidron (Crossbench)
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During the passage of the data use and bill, the Government asks
repeatedly that Parliament trust that they had the interest of UK copyright holders front and centre.
So, can the Minister explain why the UK Government has now signed a memorandum of understanding with
Canadian AI firm cohere when
coherent is basic legal action from
13 news media copyright holders, including the Guardian, Forbes, and the Atlantic. Does she not agree with me that the Government might
better earn Parliament trust if instead of rewarding AI companies
which infringe copyright with opportunities that it limits those opportunities and, indeed, future
Government contracts to companies that lawfully licensed inputs.
that lawfully licensed inputs.
15:02
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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As I said, we do want to and need
to make sure we get this right for everyone. I am happy to have a conversation with Noble Lady about
the issue she raises.
15:03
Lord Ranger of Northwood (Conservative)
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I welcome at this point the way
the Government has approached AI and
how it is dealing with different stakeholders, especially in the media. Yes, there is a challenge about how the data is produced. I would say that our national broadcaster in its editorial
broadcaster in its editorial
guidelines is saying that AI can be used as part of the process in informing insight analysis but not
in the production process. Is that something the Government is looking at? How the BBC and other broadcasters are providing their policies to AI.
policies to AI.
15:03
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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The BBC has done a study recently
around the use of AI and it has done quite a lot of work looking at how
charter boats or are not accurate. I think they are very well placed to
get that and a sense of how it is
appropriate to use it. And we are clear though that AI is the most
powerful lever that we have for renewable but we need to get the balance right, as I have said
before, as others have said as well.
before, as others have said as well.
15:04
The Lord Bishop of Oxford (Bishops)
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Noble Ernest Minister will be aware of the risks of the impersonation of human reporting in
AI. In other jurisdictions are experimenting and exploring with
watermarking AI content so that it is clear what is produced artificially and what is produced by
people. The former Deputy Prime Minister Nick Clegg said in an
article today that they are very
sceptical of the approach in commending it, does the Government
have a view on watermarking? And are there plans to introduce legislation
in the forthcoming AI bill?
15:05
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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Without having read the article
and looked into it in detail I am hesitant to give a response. Other
than to say we do need to make sure that we get AI up to the level where
AI use for these things is accurate.
And in terms of news reporting we are very clear that the original source, the newspapers, the revenue
that they get from people going through their pages for advertising,
for example, so I am happy to write to the Reverend prelate on that
point.
point.
15:05
Lord McNally (Liberal Democrat)
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My Lords, I declare an interest as a member of the Select Committee on the communications and digital
under The Chair. And I am keen to
see trustworthy journalism as the
Minister. And, indeed, Lord Black. Before we all go marching shoulder
to shoulder, we can look at some of the behaviour. For example, in today's daily may and mail online,
there are several articles of a
highly personalised nature. I will
give you the flavour.
I do not want to hear it. I do not want to hear it. The whole world will collapse
from another failure that cannot cope when the going gets tough. Of a
woman who wilts like a stick of damp rhubarb at the first sign of
trouble. Unless we deal with that kind of misogyny in our national
newspaper, and Lord Black joins some
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of us in trying to get higher standards. Order.
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My Lords.
15:07
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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Thank you. I am not sure there was a
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I am not sure there was a
15:07
The Earl of Effingham (Conservative)
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I am not sure there was a question there. But I note noble Lords comments. Earlier this year, 621 countries, including France, China, India,
including France, China, India, Japan, Australia and Canada signed the landmark declaration led by President Macron whose remit was to
ensure AI is open, inclusive, transparent, ethical, safe, secure,
and trustworthy. Why did this Government refused to sign it?
Government refused to sign it?
15:07
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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I think the Noble Lord clearly raises some important points and we
genuinely want to get this right for everyone and for AI to work for
everyone. And all of our work so far has been about we protect rights
that already exist and it was in that context we are happy to write
to the Noble Lord on that question.
15:08
Baroness Royall of Blaisdon (Labour)
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Further to the points made by the
Noble Lord opposite, I am sure the Noble Lord, would my Noble Friend agree that misogyny in any shape or
form, including in our newspapers or any other form is unacceptable.
15:08
Lord Stirrup (Crossbench)
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Absolutely.
and we want to get this right of course in the argument that would she agree that in a broader sense there are two fundamental tenants
that we should be aware of that are
not AI. The first is they cannot be in invented. The second is that it is developing extremely rapidly, so action towards keeping it under some
sort of control has to be taken rapidly. Getting it right too late will not be the answer.
15:08
Baroness Twycross, The Minister of State, Department for Culture, Media and Sport (Labour)
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I agree that getting it right too
late would be an issue, but we do need to work through the consultations support. And all the
consultation responses. And I did ask officials in the preparation for
this how fast can you do it and they did point out how appropriate it
would be to use AI with 11,000 submissions. In addition to that, we
have two working groups over the
summer, to look at transparency and tools as well as the Parliament should be to engage members with
policies to develop.
We will be reaching out to keep contacts in AI
and the sector including news media to identify attendees as we work through the policy in this area.
15:09
Oral questions: Effectiveness of government recruitment and retention policies for the armed forces
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First Oral Questions.
Order Paper.
15:09
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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Since July, 2024, we have taken decisive measures to address that recruitment and retention crisis
slashing the times it takes to access medical records from weeks to hours and restructuring the
organisation. The results are clear
year-on-year 19% outflow is down 7%, yellow recruiting target has been
exceeded, the RAF specifications are run 34% compared to early 2024 and the army has seen a seven-year high
in applications.
15:10
The Lord Bishop of Southwell and Nottingham (Bishops)
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I think the Noble Lord the Minister for his answer. While conscious of the government's
commitment to the recommendations of the Strategic Defence Review and, for instance, improved housing and greater stability in hosting, I ask the Minister what assessment has his
majesties Government made on that psychological impact of modern
warfare? Including drums and other digital means. On the likely
recruits over the next four years. Especially due to the reported Especially due to the reported higher mental health needs among younger people.
15:10
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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It is an interesting question.
There are a number of aspects to that. Clearly, mental health and the psychological impact of warfare is
something that the recruitment will have to take account of, also in
terms of those that are serving veterans. But also the right reverend prelates question, we have
set up a new cyber direct entry with
means by which recruits can join, given the nature of the warfare and
that traditional recruits may not
fit as somebody who would be outside of that recruitment, so it is causing us to reflect and change in
all sorts of ways of different members in the future.
15:11
Lord West of Spithead (Labour)
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The Minister would not agree that
youngsters want to join them
military and I think that they got it wrong in spades. The sort of reasons were action, danger,
excitement. Pride. I told that you would have a very good pension in
however many years and the career
development you have got to identify the real reason you might get people
in and I think that is why we got it wrong.
15:12
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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I agree, absolutely, with my
Noble Friend points. And will not repeat. He will know that we have replaced it which will make a
difference in a couple of years time. In a couple of years time we
will have a single point of entry rather than the three individual
services, but let me also say that we ought to speak up and speak out against the Armed Forces and my Noble Friend will know on the Carrier Strike route which is
currently through the red Sea which
is now on its way to Australia.
There are young men and women who this country is rightly proud of and we should use them as examples for our young people and say to them
this is the sort of service you can
do and this is what a career in the Armed Forces looks like. It is exciting, but it also stands up for these things that the country believes in. believes in.
15:13
Baroness Verma (Conservative)
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Could I first of all ask the Noble Lord to agree with me on congratulating the forces for the
wide diversity that the Armed Forces holds now? And would he also told
the House what do we need to do more once people leave the forces so that
once people leave the forces so that we look after them better?
15:13
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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And I think that noble Baroness for commenting on all the work that she does in terms of trying to
ensure that we get that diversity which is so important to our Armed
Forces. She does a brilliant job, and we need to recognise that as well and we need more people like that. Alongside that, in terms of our veterans and how would you then,
she will not the Government has extended or is about to extend the Armed Forces Bill that has come forward, the Armed Forces Covenant, so it not only encompasses local Government but covers more
departments.
I think that is one of the ways that we do it. And also speaking up for the value that we
place and what our veterans have done in order to defend the freedoms of this country and our allies as well. well.
15:14
Lord Sahota (Labour)
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Given that loyalties of the
soldiers in the war there has been a regiment in the British Army for a
number of years. Both Governments I have talked about. Is there any progress on that?
15:14
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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Let me consider that request that my Noble Friend has made and I would
be quite happy to meet with him to see what more we do to recognise the
contribution of soldiers such as them but many other faiths as well.
Let me just say to him we have got them coming up on 15 August and we should reflect on the sacrifice that
so many people make across the world, not just in Europe but across
the world to defend the freedoms
that we all enjoy today and as well they have played a valuable part.
15:15
Baroness Goldie (Conservative)
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Given that Noble Lord the
Minister's response to my Noble Friend, does he think that creating
uncertainty about reopening the possibility of these issues plus prosecutions against Northern
Ireland veterans who are simply
doing their job will assist in the recruitment in Armed Forces?
15:15
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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Can I just say to the noble Baroness she makes a really important point. Let me just say if
she just waits if you days my understanding is a statement will be
made be both the MoD and Northern Ireland about how to take this forward, but she makes a really
forward, but she makes a really forward, but she makes a really
15:16
Lord Alderdice (Liberal Democrat)
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The review was conducted by one of our most eminent businesspeople and he and divide a number of
and he and divide a number of
issues. -- He mentioned. I want to become the issue raised by the
gallant Lord Lord West. When young people get involved in business
life, they are driven appropriately by individual economic drivers. For their own betterment and success.
When young enlist in the military, we expect them to be prepared to
sacrifice their own interests for the sake of the wider community.
I know the noble Lord the Minister is
himself very much aware of this difference and but I wonder if he
15:17
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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can say a bit more about how His Majesty's Government is trying to
Majesty's Government is trying to
The government have increased pay by 35% for new recruits, so in terms of
the direct entry into that, that increase in pay is one of the ways we can do it. I think also,
we can do it. I think also, personally I don't... I think we shouldn't underestimate the power of
shouldn't underestimate the power of the sense of duty amongst our young people and their desire to serve.
Let me say as evidence, I know the noble Lord will have been involved.
noble Lord will have been involved. Many noble Lords and ladies will
Many noble Lords and ladies will have been as well. An Armed Forces day, and VE Day before it, wasn't it remarkable to see the number of
remarkable to see the number of young people involved in those events across the whole of our country, across the whole of the
country, across the whole of the regions and nations of the UK? I think that shows us that properly careers put in front of young
careers put in front of young people, the duties put in front of young people, are really important but alongside that I think we should
but alongside that I think we should never underestimate, however so much
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we decry our young people, of the sense of duty and patriotism. Abstract the single biggest
difficulty was actually getting medical records out of the health service. To improve that?
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First of all we have scrapped the
number of the medical record requirements to make it, to get from some of the city things to do with
some of the city things to do with for example dental records. We change some of those is one example. Also alongside that we have, we are
Also alongside that we have, we are making sure that in the recruitment process, the electronic access to
process, the electronic access to GPs records which means that instead
GPs records which means that instead of days or weeks or months or trying to get those records they can be
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accessed within a few minutes. Significant growing the size of the reserve for, that in mind, or
15:18
Baroness Fraser of Craigmaddie (Conservative)
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the reserve for, that in mind, or discussions has the government been having with employers to encourage them to promote the possibility of a
career in reserve for and also to ensure that they are prepared to
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release their workforce when they are called upon to serve? We are having a number of discussions with both big and medium and small sized businesses to try
and small sized businesses to try and ensure that we can promote
and ensure that we can promote reserves as much as we can. That is something that's in progress and we certainly will need to do more of it
to ensure we get the reserves we need.
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The Minister is well aware of the regular position of the role of
regular position of the role of salary contract so what insurances can he give me that the MoD will be looking at things like continuous
looking at things like continuous days at sea and the sort of better
15:19
Lord Coaker, The Minister of State, Ministry of Defence (Labour)
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days at sea and the sort of better life balance requirements for the raw food look silly?
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She has often raised the position of the importance of the Royal Fleet
of the importance of the Royal Fleet oximetry to the Royal Navy and we
will continue to look at what we can do with respect to the Royal Fleet oxen. Recently I was in Singapore
oxen. Recently I was in Singapore
oxen. Recently I was in Singapore where as blessing HMS $went to --
where as blessing HMS $went to -- RFA types fourth... I can't remember everything else apart from the name
everything else apart from the name It is always good to see your own
It is always good to see your own side mumbling behind you.
RFA tired
side mumbling behind you. RFA tired share. As well as seeing the carrier, as well as seeing the various ships that were there, I
various ships that were there, I specifically went to see the RFA ship to ensure that I spoke to them, discussed with them the importance
discussed with them the importance of what they were doing and also any particular issues they had, and that
informed the discussions we had.
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Concludes Oral Questions. A message from the Commons that they have passed the absent voting
elections in Scotland and Wales Bill, the animal welfare import of dogs, cats and ferrets Bill, the
dogs production of livestock (Amendment) Bill, the licensing
hours extensions bill, and the space industry indemnities bill to which
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the desire the agreement of your Lordships. Absent voting elections in
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Absent voting elections in Scotland and Wales, I beg to move that this will be now read a first
time.
15:21
Business of the House
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The question is that this bill be read a first time. As many are of that opinion say, "Content", and of the contrary, "Not content". The
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the contrary, "Not content". The contents have it. Animal welfare import of dogs cats and ferrets Bill, I beg to move that this bill be read a first time. The question is that this bill be
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read a first time. Dogs production of livestock (Amendment) Bill, I beg to move that this bill be now read a first time.
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this bill be now read a first time. The question that this bill be now read a first time.
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The contents have it. Licensing hours (Extension) Bill, I beg to move this bill be read a
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first time. As many are of that opinion say, "Content", and of the contrary, "Not
"Content", and of the contrary, "Not
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content". The contents have it. Space industry indemnities bill, I beg to move this bill be now read a first time. The question is that this bill be
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The question is that this bill be now read a first time. As many are of that opinion say, "Content", and of the contrary, "Not content".
of the contrary, "Not content". Planning and Infrastructure Bill order of consideration bill.
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order of consideration bill. I beg to move the order of consideration motion standing in my
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consideration motion standing in my name on the Order Paper. As many are of that opinion say, "Content", and of the contrary, "Not
content". The contents have it. I think there will be a convenient
moment for any members to leave the
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Report Report of Report of the Report of the Renters' Report of the Renters' Rights
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Bill, Baroness Taylor of Stevenage. I I beg to move the House be now
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I beg to move the House be now upon committee on the bill. As many are of that opinion say, "Content", and of the contrary, "Not
"Content", and of the contrary, "Not
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content". The contents have it. Before we start the debate on the
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Before we start the debate on the first group I want to repeat the reminders from last week and declaring interests. As we set out, noble Lords who declared relevant interests at each stage proceedings
interests at each stage proceedings
interests at each stage proceedings on a bill. That means in a first contribution at report stage, noble Lords must declare any relevant financial interests in a specific but brief way. Declarations that do
but brief way. Declarations that do
not need to be repeated in subsequent speeches at report stage so if you made a declaration last
so if you made a declaration last week you do not need to do it again.
As my noble friend the Chief Whip remind the House last week, it is no longer sufficient to say that
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interests are asset out in the register. In clause 11, Amendment 47.
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In clause 11, Amendment 47. My Lords, I will start by declaring an interest in owning a
dog that is subject to approval by a superior landlord in the flat in which we live. And that it has that
which we live. And that it has that
approval. At committee stage, the Minister laid out very clearly the government's commitment to enabling
many more tenants to be able to have pets in rented properties, which of
course is very welcome.
But in my,
in reply, in her reply to my similar amendment that I've tabled today at committee stage, the Minister made the point that the government did
not want to include superior landlords amongst landlords who
could unreasonably refuse the right
to keep a pet. Superior landlord of course, which owns the head lease, under which another landlord may
come. And she gave two main reasons. The first was that there are practical challenges involved in engaging with superior landlords. In
the second is that in many cases the superior landlord is not based in
the UK, or that they are complex ownership structures and requiring them to give reasons for refusal for
a pet might involve the tenant
and/or the landlord in lengthy and costly processes.
That might make the obligation difficult to realise
15:26
Legislation: Renters’ Rights Bill – report stage (day 2) - part one
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in practice. The fact is, most superior landlords are quick to contact tenant when there is something that they don't want to
have happen or there is an issue about money, so I don't really accept how difficult it is to engage
with them. The Minister might give me some more examples. The fact that they are based overseas or have complex ownership structures simply
isn't a good reason. The Minister did kindly say she would come back to me after she has looked at the quantum involved and I wonder if she has found that out now, as I have
not heard anything.
She did go on to say that my amendment was not
proportionate or necessary. In fact, it is necessary, given that there
are about 24,000 property management companies, and the average size of
portfolio is about 193 units. That would equal about 4.5 million units
altogether, and the biggest superior
landlords often manage about 144,000 properties, so that's not a lot of
tenants, to whom this figure clause will not apply -- that's an awful
lot of tenants to whom it will not apply.
On the question of whether it
is proportionate given the size of the tenant base, without my amendment will not benefit from
clause 12, I believe it's necessary, and desirable that when we legislate, we are as fair and
equitable as possible. Since
committee stage, I've noticed some warnings going out from those people who represent superior landlords,
and I'll just quote a couple of them, one of them says that one proposal introduced by the bill is
that landlords must not unreasonably refuse pets at a rental property.
In
assessing what is reasonable in the circumstances, it is likely to be justified for the landlord to refuse
a pet if that superior lease does
not allow pets. If you do not want pets to be kept in your buildings, this may be a sensible clause to
introduce. I say to the Minister, that's what's going to happen is that the superior landlords will all
just introduce clauses even if they don't have them now. To preclude
pets, so there could be an unintended, without my amendment.
Further, John Dee would for example,
going into the of what grounds a
glamour could reject a pet, and they talk about acceptable reasons
include a superior landlord refusal. So I think that actually there is a real issue here that without including superior landlords on the
face of the bill, the Minister will find that clause 12 was a nice idea
find that clause 12 was a nice idea but actually doesn't work in practice. The Minister rightly said
at committee stage that the government wants tenants to have the
government wants tenants to have the right to own a pet.
We do not give superior landlords a free pass to
discriminate in any other way and we shouldn't in this case. I hope the shouldn't in this case. I hope the Minister will agree. I beg to move.
15:30
Baroness Miller of Chilthorne Domer (Liberal Democrat)
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Amendment proposed, clause 11,
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page 18, line 9, insert the words as printed on the marshalled list. Rise to speak to amendment 48
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Rise to speak to amendment 48 which stands in my name. I must declare my interest both as a
landlord for my own part to a small extent and all properties in Scotland. And as a trustee and as a
Scotland. And as a trustee and as a charitable trustee, their charitable trusts, also all trust in Scotland as well. At the early stages of the
as well. At the early stages of the bill, it was reflected by a number
bill, it was reflected by a number of noble Lords that pets promoted well-being among tenants, and that
well-being among tenants, and that is something I very much agree with, and looking at noble Baroness Fuchs
and looking at noble Baroness Fuchs
and looking at noble Baroness Fuchs Presumption that pets should be allowed in rented property.
There are two protections for landlords. Firstly, they can say no if it is
Firstly, they can say no if it is reasonable to do so, some things might not be so reasonable. And, secondly, the protection for
landlords currently in deposits and insurance. But social how is not
insurance. But social how is not included in the bill and is specifically excluded. It seems to
me to be very unfair and, how should I say, I have been very grateful to the Noble Lady Minister and the team
who I can see some of them sitting over there who have been very
generous with their time and we have been over this topic a number of
times in the meeting room upstairs.
But it does seem to me that people in social how in many ways are
people who most need the sense of well-being that a pet brings, and so
I would be very keen that we make
that change. Now, in the meeting, I did not want to steal the Minister stunned but there have been a number
of points made to me about this
area, and I must say that I have been brought along with that and I would be very grateful if the Minister could tell the House
everything she told me an IM sure I am looking at it just there and I
think this would be very helpful to everyone for this amendment.
15:32
Lord Trees (Crossbench)
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I rise to support amendment 48 in
the name of my noble friend's Lord Clifford. It is a short amendment
and hopefully with a long impact. It would allow tenants in social housings some of the benefits with
regard to keeping a pet that this bill will provide for tenants in
private properties. It seems to me that tenants seeking social housing
may not be in a position to buy them a property, in which case they would
have no problem with keeping a pet.
And they would have all the
positives that the noble L would in terms of well-being and health
benefits. But, instead, the current bill denies them those rights which
are enjoyed by tenants in the
private rental market. I am curious to understand the government's explanation for this. explanation for this.
15:33
Baroness Fookes (Conservative)
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I too am anxious to have some better explanation because, to me,
it seems very unfair and introduces two classes of people, one of whom
are going to be disadvantaged. At
the same time, those advantage. It is one step forward and another one to steps back. I do hope that that
Noble Lady will be able to give sufficiently strong reasons why this
should not happen to make my content, but I am not holding my breath. breath.
15:34
Lord Pannick (Crossbench)
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I declare an interest. My wife is the landlord of a number of rented
properties. My reason for rising is to invite Baroness Miller, when she
comes to reply, to clarify what we mean about amendment 47 because what
it says is that the circumstances in which it is unreasonable for a
landlord to refuse through the landlord includes the superior landlords personal opinion of
specific species, so can I ask the
Noble Lady whether this means that the superior landlord would be prohibited from saying that he or
she does not think it is reasonable or appropriate for the tenant to
or appropriate for the tenant to
keep as pets rats, skunks, tigers.
15:35
Lord Douglas-Miller (Conservative)
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My Lords, I speak today in
support of Amendment 48 in the name of the noble Earl and supported by
Lord Trees and I declare my interest and I own a share in a veterinary
practice. And we offer the support to keep although socialising is not
the main focus, surely it is fair and reasonable for all tenants to
have the same rights to request to keep, regardless of the type of landlord they rent from, either a
private company or social landlord.
I have spoken of it makes it fair
for all and including private counsel should not be the only
landlords that have to accept the property and I very much hope that noble Baroness the Minister can find a positive solution today to this issue and the opportunity to keep
pets within their homes.
15:36
Lord Fuller (Conservative)
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I rise to speak to amendment 47 with the noble Baroness Miller and I
speak as a landlord of properties in Norwich as declared on the register.
Naturally, we should consider the rights of who own companion animals for that must go hand-in-hand with
the rights of the landlord to you may be concerned about damage to
property and the rights of neighbouring residents that may have to deal with the consequence of
noise, mess, smells and so forth. And, once again, there is a balance to be struck and this amendment strikes the wrong balance in my
view.
It is obvious that keeping a pet elevates the risk of damage, especially in the case of furnished
accommodation and this will comes for all tenancies being the same, there are different sorts of
properties. And in furnished accommodation, of course, the consequences of damage are higher.
It fails to recognise the reality of different types of accommodation,
whether they be listed or some other historic or archaeological mirror for whom it is incompatible with
pets in the building. There are
often circumstances with common courtyards, often where children play, and all of these different in detached rented homes in the
countryside where there is much more space.
This bill contemplates a one
size fits all, regardless to finish, unfurnished, countryside or flats or
for different types of properties. It is absolutely reasonable in my
view for a landlord to allow a large
dog in a small flat. Where there is no outside space. You can find animal just does not but when they
do the above, the upset neighbours and they must be considered. This bill is all about the tenant and I
can understand but it is to the exclusion of any other stakeholder
and that cannot be right.
The landlord must make a judgement and take into account whether perhaps
eight nightshift worker with a large
dog is suitable for the property. I will concede that there is a world of difference between the different types of pets, goldfish, spiders,
dogs, cats and ferrets. My IP to first introduce the second reading,
having just had the first reading of that particular bill. And to make
those distinctions, just to call pets, we are denying the obvious
distinction between two legs, phonics, 100 legs, no legs.
Fishy
ones, skills and so on. There are different types of animal. And they are all contained within this
catchall that we cannot make sense of. There is one point that I do
agree on, Amendment 47, where it reveals that the personal opinion of
reveals that the personal opinion of
a tenant, the tenant should not follow predisposed opinions of the tenant. And I agree with that but not in the way that you might think.
Now, I once had the Chief Executive of a County Counsel as a tenant.
Her
cat ate my sofa. White polyester fluff was everywhere. I did not know
where the cat ended and the sofa began. And these things happen. But
my point is however well healed that particular tenant might have been, they had no control over the pit whatsoever. And it is really
important that we consider the pet is the one that potentially has the damage, not the tenant, because this lady worked long hours, travelled
widely, she was not there, and the chewing cat was incompatible with
her lifestyle and my furnished apartment took the consequences.
Let's move on. This bill contemplates that the tenant with a
pet has that pet at the outset. The bill and all of this amendment
adequately takes into account the possibility of a tenant who may
acquire a pet during the tenancy, or somehow mendacious Lee mislead as to
the nature of an existing pet, or even hide it all away altogether.
And I do think that when considering pets, it is probably a bit too late
because it is enclosed for which was done last week, but I think we have to contemplate that insofar as pets if there is wilfulness description
it does from a breach of contract.
I have no intent to be overbearing or
heavy-handed, but these are examples where the rights of the tenant must
coexist with the neighbours. And let me explain, I have another case at the moment actually a tenant who
repeatedly allows a small dog to urinate against wall in the community courtyard. It is damaging
the brickwork, which is for my account, but it is really for the kids because the only place for them
to securely play away from the
traffic passes outside.
And that is just not really fair on everybody.
So, I have mentioned the distinction between the goldfish and the Staffordshire terrier, between the
spider and the snake. And of course I am not scared of spiders or snakes. Some are first and, of
course, one of the clauses in the bill is predispositions to certain
animals. In Skegness is a different
sort of act and really that scared cat it is quite right and proper that those people with a
predisposition against those sorts of animals are protected the.
I regret to say that the noble Ladies
amendment is well-meaning but not live in the real world. The real
world between the differences of location, different properties, different furnishings, different types of animal, further amendment,
these are not branded in prejudice, there branded in the prejudiced
there branded in the prejudiced
welfare and the landlord has a role to act up treating everyone's benefits and I am afraid I cannot support this and I make no comment on that.
on that.
15:42
Lord Sentamu (Crossbench)
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I stand to support Amendment 48. Because he is the convener of
crossbenchers, although that is a bonus point, the reason I am standing, first of all, my family
have never kept a pet. We have
never. But why should I be part of a legislature that would deny somebody
legislature that would deny somebody
the consent, seeking consent, to keep a pet? Simply because they live in social housing. That, to me, is
clear dissemination. It can't be right that you say because when
social housing you cannot request
consent of the landlord, it is the right to actually ask for consent.
It is not saying that it is giving
an automatic right to the Social Housing Act to keep a pet. The other
thing is this wonderful nation and
the other three were being told constantly that their nations and
wanting to say somebody in social
could not be a pet lover. Who would
want to say that? The final reason
why I have stood is because our beloved Her Majesty Queen Elizabeth
II, do you remember when somebody who was going through a lot of
trauma, she actually invited this gentleman to comment spend time with
one of her corgis.
And do you
remember the said this has put my
trauma in a prospective. May we, for those who want to keep pets, those that live in social housing, and
because they are animal lovers, be given the same rights as others to
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request consent. My Lords, I would like to thank
all noble Lords who have contributed to this debate. In particular, to the Earl Lord Kerr Noel for his thoughtful and balanced Amendment
thoughtful and balanced Amendment 48. This bill must work for renters,
but it must also work for landlords.
but it must also work for landlords. We have discussed the issue and there's no denying that for many pets provide voluble companionship,
pets provide voluble companionship, comfort, and emotional support.
It is no surprise therefore that this
is no surprise therefore that this issue has attracted considerable
issue has attracted considerable interest across the House. However, we recognise that this is not a bill about social. It is focused,
about social. It is focused, rightly, on the private rented sector. The frameworks, obligations,
sector. The frameworks, obligations, and operational realities governing social are distinct and we believe they are better addressed through
they are better addressed through the appropriate regulatory channels. That said, we fully support the
That said, we fully support the principle behind the noble Earls amendment and we hope the Minister
amendment and we hope the Minister will take this issue forward.
There
is a key opportunity to work with housing associations, local authorities, to ensure that fair,
proportionate, and compassionate policies can be delivered in this
policies can be delivered in this
Turning to amendment 47, we understand the intention to provide clear guidance on what might
constitute an unreasonable refusal by the landlord. With all
registration, clarity is of the utmost importance. However, we have
some reservations about the breadth and the subjectivity of the language
proposed.
Terms like generalised fear and personal opinion may prove
fear and personal opinion may prove difficult to define or enforce in
difficult to define or enforce in practice. We are not unsympathetic with the spirit of the amendment but we believe that further refinement would be required to ensure legal
would be required to ensure legal certainty and to maintain workable
certainty and to maintain workable balance of interests. As we take this bill forward, we must not loose
this bill forward, we must not loose out of its core objective.
And that is to deliver a rental market that is fair, functional and fit for the
is fair, functional and fit for the future. Tenants deserve security and dignity in their homes. But also
dignity in their homes. But also landlords deserve clarity and confidence in the law.
15:47
Baroness Scott of Bybrook (Conservative)
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I thank her noble Baroness Lady
15:47
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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I thank her noble Baroness Lady
Miller of Chilthorne Domer and that noble Earl Lord Kinnoull for the amendments on pets and for their
continued engagement on these issues which has been incredibly helpful, and can I thank all noble Lords who
have taken part in the debate, Lord Trees, Lord de Clifford and others. I have heard the passion of noble
Lords on the issue of keeping pets and I hope there is overall support
for the aim of the bill to make it easier for tenants to keep pets but to get the balance right between the
tenants and landlords.
Amendment 47 seeks to set out a list of circumstances under which it would
be considered unreasonable for a superior landlord to refuse foot
tenant to keep a pet. These include personal opinion, general fear of
damage or complaints, and previous negative experiences with other tenants stop while I completely understand noble Baroness Lady
Miller's intention to provide clarity and against unfair refusals, I must respectfully say I don't
believe that amendment is needed and I should also remark that our letter
in response to the noble lady's
questions that committee, was sent on 15th May, I'm sorry if she has not had that but I will make sure that gets sent out to her again
today.
We don't believe it is appropriate or practical to draw superior landlord into the day-to- day running of the tenancy,
requiring them to engage directly in case-by-case decisions about pet risks creating serious
administrative burdens. We do believe it could also lead to
complex and costly delays in decision-making, particularly where
superior landlords are difficult to identify, contact or are located overseas. I know the noble Lady has
quoted experiences where they respond quickly but I know from
personal experience of dealing with having tenants try to contact superior landlords, it can be a very
complete business indeed.
That said, we do intend to publish guidance
alongside the bill to assist landlords in understanding what
might constitute a reasonable refusal by individual's immediate landlord. This will help ensure clarity without looking specific
samples into primary legislations and for these reasons I hope the noble Baroness Lady Miller or
consider withdrawing the amendment and not pressing for a division. I
would like to thank the noble Lord Lord Kinnoull for tabling amendment 48 and discussing this important
issue further following the committee stage of the bill.
Like
the noble Earl, this is an issue which is very close to my heart and I absolutely would not want to see a two-tier approach to this. It's
right that requests to keep pets with tenants across all sectors are considered fairly, especially given
the valuable role of pets play in people's lives, whether they be corgis or the veritable zoo quoted
by the noble Lord Lord Fuller, they
can provide comfort and company to those people who wish to keep a pet. Following committee stage, my photos
have explored the issue further and I can confirm that many social landlords already set out their
policy on pets within the tenancy agreements and publish these policies allowing tenants to keep pets where appropriate.
We have not
been able to find any significant
evidence that social tenants requesting a pet are not having the request considered fairly. Although tenants in social housing do not
generally experience the same barriers to keeping a pet as those in the private rented sector, I recognise that it's important that
we should have clarity and consistency across sectors. Therefore I intend to write to
social landlords to ensure they are fairly considering tenants rights to request a pet and to share existing
best practice in this area.
However,
I don't believe it's important or necessary to add further provisions
to the bill regarding tenants right to request a pet in social housing, for the reasons I have set out. Even
if legislation were required, this bill is the noble Baroness Lady
Scott pointed out is not the right vehicle for doing so and will create inconsistent rules within the social rented sector, that's because the
provisions in this bill would only imply -- apply to tenants of
registered providers who grant assured tenancies but not the majority of local authority tenants who are granted secure tenancies.
Given the current approaches taken by landlords in the social rented sector, the lack of evidence of
issues warranting further regulation and the additional engagement by my
officials, and manner taking that I will continue to monitor this, and if they do seem to be a need we will
look at that, if we bring forward future legislation. Hope the noble Earl Lord Kinnoull will consider withdrawing his amendment.
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I'm very grateful for what she has said. I wonder if I could push
has said. I wonder if I could push her a little bit more, and I think she was saying is that inevitably
she was saying is that inevitably there will be a suitable bill for social housing that comes forward at some point, that it would be the
some point, that it would be the government policy to bring forward at that stage and amendments to this
at that stage and amendments to this so that, and for social housing
so that, and for social housing there was a legal necessity to offer the viability of pets on the same
basis as this bill will have.
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basis as this bill will have. I think we need to continue to look at the evidence. I think we need to look at the response to my letter which I will write out to social landlords, and then we will
social landlords, and then we will take further action as necessary, if
15:53
Baroness Miller of Chilthorne Domer (Liberal Democrat)
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it's needed in future legislation. My Lords, I thank everybody who
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My Lords, I thank everybody who has contributed to this debate, and I thank the Minister for her reply
and I have found the bit where she talked about responding to the Earl
of's amendment, which we do support, with a letter about clarity and
consistency very helpful -- load of Kidal. I had a slight dread when Lord Pannick rose to his feet
because I thought it would be something really tricky which of
course it was. But it's the circumstances which superior
landlords can have an opinion on specific pets.
The factors I'm trying to include superior landlords
in the same way as the bill already includes landlords. And I will just
say to the noble Lord Lord Fuller, I understand the issues he raised but they are the issues ready for the direct landlords, not the superior
landlords. Because we did debate those very fully at committee, and
it's the people with the portfolios of hundreds of flats that I'm
concerned about, having a blanket refusal or not. He talked about a simple detached home in the
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countryside. Does he want to intervene? We can bandy around the
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We can bandy around the distinctions between the superior landlord versus the offshore pension fund with hundreds of thousands of
fund with hundreds of thousands of dwellings but what about the small clarity that owns a list of building -- listed building, held in trust
-- listed building, held in trust for hundreds of years. They surely must be entitled, to lay down
must be entitled, to lay down certain provisions, because it isn't
certain provisions, because it isn't just a large house in the countryside versus the flat.
There have to be guardrails.To say, does
have to be guardrails.To say, does the noble Lady understand that as well-meaning as her amendments are,
well-meaning as her amendments are, she's failed to consider some of those narrow points, and therefore
it's incomplete, and I do find myself in huge sympathy with the Minister on this one. The amendment
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is incomplete. I'm still struggling to
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I'm still struggling to understand why the noble Lord is
referring to something that is actually much more about direct landlords. It's not banding terms around. There is a specific legal
around. There is a specific legal definition for a superior landlord and that is the only group that my
amendment is talking about. It's not talking about individual landlords.
So I thank the noble Lady Scott by Brooke for her comments, which were
indeed more welcoming. And I do hope the Minister will consider some
guidance to superior landlords, too,
to address this situation.
In the meantime I believe to withdraw the
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amendment. Amendment by leave withdrawn. Amendment 48, The Earl of Kinnoull.
15:56
Amendment:49 Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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Amendment 48, The Earl of Kinnoull. Not moved. We now come to amendment
15:57
Baroness Miller of Chilthorne Domer (Liberal Democrat)
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15:57
Amendment:49 Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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Not moved. We now come to amendment
My Lords, I would like to start by thanking noble Lords for their rigourous detailed and good-natured engagement in the matter of pet damage insurance, in particular the
noble Earl Lord Kinnoull whose extensive knowledge of the insurance industry has been a great assistance
to ensure we get this policy right. Following much debate at committee stage, and further discussions with
stage, and further discussions with sector stakeholders, including the Association of British Insurers and the British insurance brokers
the British insurance brokers Association, we have reflected on our position and I would like to now
our position and I would like to now
our position and I would like to now move our amendments G, 49, 54, 56,,
move our amendments G, 49, 54, 56,, 57 and 73.
I have listened carefully and Greg Knight is that while the insurance market adapts to public policy, there is a risk that relevant insurance will not, onto
relevant insurance will not, onto the market sufficiently following implantation of the bill. To avoid a situation in which landlords could essentially be to tenants reasonable
essentially be to tenants reasonable request to give prepared -- could essentially veto. We are withdrawing
the pet provision from the bill. Tenants can request to have a pet in
the home but landlords will not be able to require insurance to cover
property damaged caused by a pet.
While our view was that a new market will develop for insurance products, following further engagement with the sector, we now accept this may
not happen at the skill in his area. We are committed to supporting responsible pet ownership in the
private rented sector and we do not want to leave tenants in a position where they are unable to comply
within practical conditions that a
landlord may place in the tenant as part of their pet consent. Noble Lords will rightly want to know what this means for landlords with concerns about potential poverty
damage.
I want to -- property
damage. Now satisfied that landlords will be suitably protected from
damages caused by pets, particularly after noble Lords showed evidence at committee stage, for example the University of Huddersfield report showing that three quarters of pet
owning tenancies... As such and content the existing five weeks
deposit for typical tenancies will cover any increase damages caused by pet ownership. We will continue to
monitor this closely after the implementation of the bill. If
tenants with pets are regularly causing more damage than deposits can cover, we have a distinct gated
poster show higher deposits will tenancies with pets under the
current act.
I hope the House recognises we have listened and responded to the debate with
pragmatism. Private rented sector treated fairly if they have reasonable requests for pets and our
legislative framework should support that. I'm very grateful to all
colleagues who have helped us to get to the best position possible and I
beg to move government amendments
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49, 54, 55, 56, 57 and 73. Before putting amendment 49 I must advise the House that if it is
16:00
Deputy Lord Speaker.
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must advise the House that if it is agreed to I will not be able to call amendments 50 to 53 due to
amendments 50 to 53 due to
amendments 50 to 53 due to reactance. Amendment proposed, leave out from the beginning to end of
line 28 on page 19. #Saynotobullyinginmidwifery I
#Saynotobullyinginmidwifery I -- I wish to thank Baroness Taylor
-- I wish to thank Baroness Taylor of Stevenage. The Minister and ability in The Earl of Kinnoull have
ability in The Earl of Kinnoull have
spent a lot of time in this matter.
They have spoken to the insurance market before bringing this welcome
market before bringing this welcome change. I submitted an amendment as amendment 51 which I supported
amendment 51 which I supported originally with regard to the damage deposit which was no longer worked
deposit which was no longer worked
deposit which was no longer worked Changing the bill regarding pets.
16:01
Lord de Clifford (Crossbench)
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Pets can potentially cause damage or wear and tear to a property, therefore there was need to ensure
therefore there was need to ensure
this point to ensure potential costs and it is not now part of the bill. Divinity is to brighten alternative protection to landlords and tenants
protection to landlords and tenants for the possible addition of costs that may be incurred by keeping a pet, to maintain the condition of property. The additional three weeks
property. The additional three weeks rent as deposit would about an amount towards the costs.
Some would
amount towards the costs. Some would say that the first five weeks would cover all forms of wear-and-tear.
cover all forms of wear-and-tear. This amount sets aside human wear- and-tear damage. It's to create different types of damage. It is not
different types of damage. It is not the case why currently so many landlords do not allow pets into their rented properties, and I note
their rented properties, and I note the Minister's comments regarding
the Minister's comments regarding the University report but there is a significant proportion that do cause
significant proportion that do cause damage.
Pets are not humans and have their own minds, and therefore we do not have as much control over them as we possibly would like for some
as we possibly would like for some the most significant area would either carpet and flooring. Human beings spend most of their time walking on these and dogs and cats sleep, live, play, scratch, and do
other things, increasing the wear and tear. The cleaning of carpets
professionally as a condition that most tenants today were pets are allowed on the property, this is not
done by the tenant, it is the additional deposit would cover.
Lord Trees has kindly supported this man
and his knowledge of fleas is vastly greater than mine, having spoken
before at Committee stage on this
matter. My own personal experience of dogs is they tend to find a spot in the home that is safe for them
and they spend time lying and sleeping there which tends to increase the wear and tear in that place and this is done leaving their
hair and dirt, despite cleaning. Continuing on the carpet theme,
animals do have access, just the
It needs cleaning up, so it is possible that the tenant with a sickle badly trained pet would find
it is urinating or leaving fleas on the carpet.
This happens regularly then the cupboard would need replacing which would be at the cost of the landlord or the tenant, and
this is what the deposit is four. Certain dogs and cats also enjoy the space of gardens to play in. Under times Leverton was state than when
the tenant moved in, and of the cost to be covered by the landlord. None
repairs. As more homes take pets due to the challenge of the bill, the change of this bill, more homes will need deep cleaning and there are
many other prospective tenants who have allergies to pets, and therefore deep cleaning is required
to try to move residue for pets so that future tenants do not react to the legacy of pets.
The noble
the legacy of pets. The noble
Baroness that Minister mentioned affordability in the five weeks would cover the additional cost of
pets as well as human wear-and-tear. For many tenants, this would be the case. As tenants that look after properties get their deposit to
return, this would be the case if there was a deposit paid as the tenant could ensure the pit was well behaved and cleaned up after them
and undertake necessary additional cleaning and they would get reported back.
Unfortunately, not all tenants are the same, and do not keep their homes clean and well maintained. If
these tenants were to have a pet with the same outlook on life reviewing further damage, cleaning
and repairs, would need to be done at the end of the tenancy. Therefore, five weeks deposit would
be used to reinstate the property to
a good standard, and the additional deposit would be used to cover any
pet damage. The additional deposit for a pet would be a challenge for
someone on low income, but currently in Scotland landlords can ask for up to two months deposit, and this appears to be working and not
causing maize attitudes.
When you take on a pet, you need to be aware
that there will be additional costs to your personal or family budgets. For example, food costs, fluent
winning treatment, cat litter, poo bags, equipment such as rubber touches and birdcages, and unexpected but no rebuilds.
Therefore, if a tenant should understand that you may need to pay an extra deposit when renting a house, the benefit of the deposit of
this amendment is that if they respect the property and maintain it, the deposit is returned to them
at the end.
The initial proposal
And this provides a smaller budget protection to landlords who are now having to accept pets and, in many
circumstances, they currently do
not. The right to have a pet, the
right is making some landlords consider letting in the private sector or to deter led to Airbnb's where they can charge for pets, or
even sell them, so this amendment helps to support landlords to remain in the private sector and the bill
provides some well needed protection but also it needs to strike a
protection, so an extra three weeks of deposit to provide some
protection and it may be a struggle for tenants to follow and I note and I think that Minister for Health comments regarding her proposals, but I am not sure that they quite
meet what this deposit would do and
I look forward to hearing from the noble Baroness as a response as this is an important matter for landlords and tenants and would improve the
bill.
16:06
The Earl of Kinnoull (Crossbench)
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I rise also to speak to amendment
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I rise also to speak to amendment
53 a. Getting the balance right between landlords and tenants is something that has been stressed by a number of speakers in previous groupings. Indeed, including the
groupings. Indeed, including the
Noble Lady the Minister. And the bill amounts to the presumption that tenants who keep pets on the one
hand and protection for the
hand and protection for the landlords on the other hand in the shape of a deposit, in the shape of insurance, and the insurance is going to fall away because it was
going to fall away because it was not available, because anywhere it would have been high costs if
would have been high costs if insurance had been available the ratio would have been whatever the
ratio would have been whatever the loss ratio was with value for tenants and good tenants would have
tenants and good tenants would have lost all their money as opposed to the point just made by the Noble Lord Clifford that you get your
Lord Clifford that you get your deposit back with the interests at
deposit back with the interests at the end of it.
So, I do feel the deposit is a very good way to go, and that's why amendment 51 existed
and that's why amendment 51 existed in the past, and I was disappointed in the appearance of Amendment 49
going to kill amendment 51 by way of pre-emption. And that was why
amendment 53 is a very good idea. It's due damage buildings and we
heard at committee a lot about it for the Noble Lord trees who may say something to remind us of all of the unseen things that pets bring into
the home, and I afraid that I feel the academics at the University of
Huddersfield is a rogue thing.
It does not accord with my experience
at all, and the charitable trust is
a reasonably sized landlord and I afraid that pets do damage things, but a deposit is a very fair way of
adjusting the balance between the two people and that deposit in Scotland is set at two months and
here if the correct level of deposit was five weeks and we add the risk
of a pet on top of that that is going to be taken out by the insurance as originally proposed in
the bill, it seems to me to be not a good balance that there should be
increased in the level of deposit protection.
And in the original amendment 51 I had set the
additional protection act three weeks because I thought that eight
weeks was very similar to two months and that having some symmetry between Scotland and England on this point was a good idea. And I felt
that also through experience that
Scotland with two months of deposit was OK and the balance between
tenants and landlords was OK where pets were concerned. And so I am
pets were concerned. And so I am
afraid that I do feel amendment 153 150 3A has tremendous merit.
One of
the points that was made to me is that it would add a lot of expense
to tenants in terms of the amount of deposit they had to put up. And I
was just totting up how much our own two dogs cost to look after in one year. And it is a lot. Even though
they probably eat better than some dogs, dog food, the inevitable visits to the vets copy do not buy
insurance, but it would amount to roughly the same amount of money
anyway as the insurance scheme.
All of the various other things that one
has to do if you go away on holiday you need to find someone to look after the dogs many hundreds of pounds per year. And, indeed, the
initial cost of the dog, same for
other things, there's a website called pets for homes which has got 1625 dogs on it today and the cost
of those dogs is between £403,000. I do feel that many of the people who
are having pets and are in any way engaging in something that is
reasonably costly, asking them to
provide another three weeks of security is perfectly fair and proportionate thing, especially if
they look after the property well, they get not only the interest on that money back the money back if
they leave things well.
I am very
pro amendment 53 a. pro amendment 53 a.
16:11
Lord Trees (Crossbench)
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I to want to speak to 50 3A, but first I would just like to thank the
noble Baroness the Minister and her team for their Amendment 49 and the
consequential amendments which improved the bill substantially and I would like to thank her for the
helpful letter about assistance dogs
which was a matter that I raised at committee and second reading. I want
to support 53 a. As many have already said, it is extremely
important that landlords are willing to accept tenants with pets.
And
that is an objective, I think, that all noble Lords would concur on. And
this amendment is in further movement of that objective. I think
it is quite significant. The costs incurred, occasionally, and it is
only very occasionally, but it does happen, can be very substantial, and
it goes way beyond the Noble Lord or
a wallpaper of the wall, but as has been alluded to before, if one has
got the deposition of potential allergens in the property, or if one
has got a flea infestation, these things can cost hundreds, if not
even thousands of pounds to clean up a real deep clean.
And those costs,
inevitably, fall on the landlord,
and there is a considerable potential incentive. We have heard figures from Huddersfield, but
another figure was that 75% of landlords did not have a problem
with pets. Well, that means 25% of landlords who currently are
accepting pets have had some degree of their problem and I would point out that 40% of landlords do not
accept having pets at all under the current situations. I think this
deposit is proportionate and
extremely important to assure landlords that if there were to be
negative results of a pet, that the
landlord would get reasonably acceptable recompense.
And as the
Noble Lord control has pointed out, the deposit costs nothing if there
is no problem. It is returned fully
to the tenant. And as the Earl of
Kinnoull has pointed out, keeping a pet, particularly a dog, and we are mainly concerned in this debate with
what dogs can do, keeping a dog is
eight major financial responsibility. And I would suggest should not be undertaken by people
who cannot afford to put up the deposit of the sort of size that is
being suggested, so I do support this amendment.
this amendment.
16:14
Lord Howard of Rising (Conservative)
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I rise to speak in support of
Amendment 53 in the name of the Noble Lord Clifford which has been
spoken to so ably by the noble Earl Lord Kerr Noel. Whilst there is
considerable improvement in the deposit limit, there will still be a
good number of cases where the damage why pets will be more than the cost of the work which needs to
be done. The first time ever, I have
just refused a tenancy on the grounds that the pets would be
inappropriate.
The proposed tenants wanted to have three Newfoundland
dogs in a two-bedroom property. At Committee stage, the noble Baroness to minister said that the bill
already permits landlords to refuse their consent unreasonable grounds,
which are best judged on a case-by-
case basis. Would my refusal of the three Newfoundland dogs in a small
I doubt even eight-week deposit would cover the potential damage.
The five weeks would be nowhere near adequate. Please could I urge the Minister to accept that this modest amendment which adds an additional
three weeks, the present five weeks
only covers about 50% of the cases in my experience, where damage has
been done by pets.
It would be unreasonable to ask landlords to take on yet more liability on top of
those already existing and the ever-increasing burden imposed by
government. I would remind the noble Lord the Minister that the majority
of landlords are private individuals
with just one or two properties. They are already finding it difficult enough to manage the properties which is why they are
fast disappearing breed. Drive them
to extinction will only accelerate the demise of the rented sector with a disadvantage of landlords and
those seeking a property to rent.
16:17
Baroness Miller of Chilthorne Domer (Liberal Democrat)
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... Brought forward his amendment because it's enabling us to have
this very interesting debate. We are talking about the cost of pets but actually you could transpose the
word children or elderly inconstant, because those two groups equally
have very difficult problems. They can damage carpets. If anyone has
had children in the House actually
inflict a lot more damage than pets. And unfortunately, the elderly and disabled can often be equally
damaging. Noble Lord Lord Trees mentioned that pets have fleas, very
true.
But also, if you let your
property to people who travel a lot, you are risking the fact that they
will bring bedbugs back, which are much harder to get rid of them
-- than fleas. Although understand the reason for the amendment we
don't support it and we think the government has struck the right balance with the amendment 49. Which we will support.
16:18
Lord Pannick (Crossbench)
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I support this, call ask Lord Clifford to deal with this point, there appears to be no requirement
in the amendment that the landlord must be acting reasonably in demanding a deposit and it's very
easy to understand that if the
tenant wishes to keep dogs, that it will be entirely reasonable to require a deposit but it wouldn't be
reasonable to demand a deposit of the tenant wishes to keep a goldfish. And it's easy to
understand the point that there's no harm done because the deposit would
be returned at the end of the tenancy.
But the requirement of the
deposit may well inhibit the tenant from being able to have that goldfish and the companionship that gives. gives.
16:19
Lord Fuller (Conservative)
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Once again I remind of my register of interest that I'm a
landlord. Baroness Miller, I wonder
if I might well before supporting 53, A, strongly, and looking around
the chamber, that most of us travel a lot as part of our duties in this House if we live outside London and I'm sure my wife with the first to
complain if I brought bedbugs back to our family home. Drawing on
Mike's parents, not just as a landlord, but also as a managing agents, I know the costs of this
bill will be that the additional
costs, and Lord Clifford has rated most ably, the additional cost of damage, wear and tear, pest control
and all those other things.
We'll particularly in blocks of flats be
borne by those tenants who do not
keep cuts and I just don't think that is right. Because Ponsonby, keeping a pet is an add-on to a tenancy and the additional cost to
be borne by those people who bring the pets -- because personally.
There are lots of examples where things can go wrong and I would like to give an example in my own lived
experience with a tenant who declared he didn't own any pets at.
In due course he brought two large dogs to the property where he left them while he went to work and by and by, it became clear that my house was being used as a kennel.
Not only were the neighbours disturbed by them all day and all night barking, and by the time the
tenant had stopped paying rent,
£15,000 worth of damage was caused. When he finally left to discover the most foul-smelling vaulting scene
where one-bedroom had been used as dog lavatory four weeks, would have
been even worse had the proposals.
Reclaim action, repossession action were extended to 8 to 13 weeks. This
was a gross cakes in every respect
-- gross case. However, and so was lucky in that case because the sum
of money was so large to get an insurance claim. But that's not what we're talking about Germany in this bill. We are concerned not about
granny who may be info Baroness Miller employed, during the table
look and causing damage, or eating the carpet, we are talking about the
meddling where it is of above and beyond the three weeks.
I agree with my noble friend Lord Howard that the
additional three weeks isn't enough.
But I accept that we ought to fight the battles we can win. It is a portion of compromise which I'm prepared to accept. Several noble Lords have mentioned that, and I
agree with this, but of course if the pet doesn't cause any damage,
the tenant gets the deposit back in full. With interest. I would just
like to place in the record that in the statutory schemes, deposit protection schemes, interest is not
normally paid, the deposit goes in and the cost of interest retained by the deposit scheme, presumably to
defray the costs of operating in the.
I wouldn't want people watching outside the chamber to think were going to now introduce the
requirement to pay interest if indeed the landlord does not accept
that. What I'm thinking is, and I've listened carefully to what the noble
Baroness the Minister said, that the ability exists for the government to increase the deposit through the
tenant fees 2029 but I think we
should accept here and now, and Amendment 53 sort of implies that but there are additional costs and
risks for keeping pets.
And we should not wait for that, it is
Sylvia's, let's have those provisions within the Tenant Fees
Act 2019 introduced immediately,
proportionately, so the goldfish is in charge at the same rate as the
in charge at the same rate as the
new thing, and in particularly in the case where there is furnished accommodation as well. I think we
can have a good compromise that everybody can live with and finally, I don't really want to repeat at
length, but I do believe that if we can come to that arrangement, then it benefits the tenant by having the
deposit rather than pay because at least they get that back whereas in
the case of, they have to buy a
premium insurance policy, that will be an absolute cost because they
would pay their was damaged or not.
A strong support 53 and if the noble
Lord is minded to the opinion of the House I will follow him through the
lobby.
16:24
Baroness Scott of Bybrook (Conservative)
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The issue of pet -related damage is understandably a source of
concern for landlords. This group of amendments raises important questions about how we balance this
word balance again, the increased rights granted to tenants to keep
pets with the responsibilities and protections that landlords need. It is simply not reasonable to argue
that existing tenancy deposit which is designed to cover damage under
current arrangements is also sufficient to cover the additional
risks introduced for granting tenants a new right to keep pets.
The government itself has already
accepted that pets pose a greater risk, by including pet insurance
measures in this bill. That was a clear recognition that pets are
likely to cause additional damage. However, as we consider these
provisions, it is crucial to reflect on the experience already gained in
Scotland, where tenants rights legislation has evolved to allow
pets in rented properties while seeking to balance landlord protections. In Scotland, the introduction of pet friendly tenancy
provisions and related insurance requirements has offered valuable
lessons, while these measures have expanded tenant freedoms and encouraged pet ownership have also
revealed challenges.
in ensuring landlords who are to be protected
against damage and make sure that energy Chanel costs or deposits are
fair and transparent. Either pets cause additional damage they do not.
If the government now claims that they do not, then we they must
provide clear and compelling evidence to justify overturning its
original assessment. Without such evidence it is logically and fairly
follows that the landlord should be permitted to take a separate pet
damage deposit. We believe it is inevitable that some damage will
result from pets stop that is why we support Amendment 53, A, which would
introduce option of a dedicated pet damage deposit.
This would provide landlords with an essential route to
recoup costs, will also protecting tenants from unfair charges by
clearly defining that this is a separate and transparent element of
the tenancy agreement which is what we have already heard, is that if no
damage is done, they get this chargeback. I recognise that some landlords may choose to welcome pets without requiring additional
deposits or in the future and insurance but they should be able to
be free to do so but where landlords require further productions there
must be a fair and transparent mechanism for tenants to provide it at the outset of the tenancy.
Finally, the experience in Scotland
reminds us that implementing pet friendly rental policies is a
delicate balance that must be tailored to the practical realities
landlords and tenants face. As this bill moves forward, it is essential that it draws on such lessons to
achieve frameworks that work fairly across the whole of the United
Kingdom. My Lords, if the noble Lord the Lord de Clifford is minded to test the opinion of the house, and
test the opinion of the house, and Amendment 53, A, we will support it.
16:28
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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My Lords, I would like to thank all noble Lords for their
contributions to this debate. It's hugely emotive and important issue.
Many people we have had a good debate it today. I would like to
thank Lord de Clifford for moving his amendment, The Earl of Kinnoull, Lord Trees, Lord Howard, Baroness
Miller, Lord Pannick, Lord Fuller and Baroness Scott. I will turn to the amendments in the name of the
noble Earl at the noble Lord Clifford. Amendment 50 is not required as our government
amendments remove the insurance requirements regarding amendments
51, 50 3A, I understand fully the intention of the amendments with the aim to ensure landlords are protected from potential damages
caused by pets.
However, we are content existing deposits which are
capped at five weeks rent footer because tenancy is where the annual
rent is less than £50,000 or six weeks rent for tenancies over
£50,000, per annum, are enough to cover typical pet damages and no Lord Pannick illustrated clearly
some of the complexities of this issue. Allowing a further three weeks deposit would cost the average
tenant in England over £100. This is unaffordable for many tenants who
will have worked very hard to save for a deposit for the property.
And
greatly exceeds the average deposit
deduction of £300 reported in the
study, for damage. That study as I have quoted already found that 76% of landlords reported they didn't encounter any damage caused by dogs
or cats in their rental properties, where there was damage this was an
average of £300 per property, compared to... For non-pet rated
damage. It shows that renters with pets tend to stay longer in their
properties than those without pets, indicating financial and social advantages for landlords, in fostering both longer and more
stable tenancies.
In the very rare cases where the insurance and the
deposit do not cover the cost of damage, caused by pet, and landlord can of course take the tenant to that Small Claims Court by bringing
a money claim to recoup any outstanding funds. In relation to the issues mentioned about Scotland,
housing is a devolved matter in Scotland and it's for the Scottish Government to set deposit limits for
private rented properties. I know the right to request but doesn't exist in Scotland yet. An agreed we believe the five weeks deposit will
be sufficient to cover damages.
We also have concerns it will be
possible distinguish between some damage caused by pet sentence
themselves, which could leave pet owners with more exposure to large and reasonable deductions compared
As I have always said, we have an existing power 11 landlords to give
a larger where they have consented to the tenants having a pet, what we
want to do is monitor how the pet provisions work in practice, consider using the power in the
Tenant Fees Act, we see the pet damage is frequently exceeding the value of deposits.
Noble Lords, a similar amendment to amendment 52
was discussed at committee, I explained I don't believe this is the right approach as it may actively serve to discourage insurance from offering insurance
products, rather than encourage them for however, as noble Lords are
aware, the government position has now changed. The government's firm
now changed. The government's firm in the view that tenants are not second-class citizens, which are determined to keep pets where this is reasonable, and as such... Yes, of course.
16:32
Lord Deben (Conservative)
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the Minister says the situation has changed, I listened carefully to
the debate, the situation has changed, the government thought it was necessary to have insurance, the government now says it was not
necessary, therefore, the government is already admitting that there needs to be something additional to protect the landlord in the cases of
someone having a pet. Frankly, the
argument doesn't stand up. To say that that is not so. And I do hope
the Minister will accept that she really does have to go back and say if there is no insurance, then there
does have to be a greater degree of
protection for the landlord.
16:32
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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I hear what the noble Lord says and I have listened to other noble
Lords, but the evidence that we see in the study I have quoted is that
three three quarters of landlords, of those tenants that have pets do
not report any damage, where there is damage, it is around £300 which is perfectly in the scope of the
normal deposit. We are content that landlords would be suitably protected, against the cost of pet damage, to existing tenancy
deposits.
Finally, I would turn to amendment 43, as I stated at close committee stage, premium is already
understood to include any insurance premium tax, so this amendment is
not strictly required in our view, however, following the government's amendments which remove the ability for landlords to require tenants to
obtain insurance to mitigate the risk of damage caused by a pet, this
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is no longer required, I would therefore request these amendments are withdrawn. I assume the noble Lady would
16:34
Lord de Clifford (Crossbench)
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like to move amendment 49? My apologies, I would like to move amendment 49.
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move amendment 49. The question is amendment 49 be agreed to. As many as are of that opinion, say, "Content". Of the contrary, "Not content". The
contrary, "Not content". The contents have it. My Lords, as previously advised, amendment 49, having been agreed to, I cannot call
amendments 50, 51, 52 and 53. Due to pre-emption. An intimate 53, A, Lord Clifton.
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Thank you very much to all the contributions was my amendment. Just
contributions was my amendment. Just to answer a few questions posed. The
to answer a few questions posed. The
baroness, I think I've summed up, I agree, pets, children and potentially elderly people can cause extra damage, but pets have their
own minds and are under control.
own minds and are under control. Lord Pannick, I think you made a
slight fault in the amendment, but
landlords do not have to make the condition if it was a goldfish, the tenant could have some negotiation.
I have listened to the Minister and
I have listened to the Minister and her suggestion, as a way of reviewing this in time, but I do believe that at this time, that
believe that at this time, that would take time and it could be many years before we see a change, and
16:35
Deputy Lord Speaker. Lord Geddes (Conservative)
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years before we see a change, and therefore, landlords I think need a little bit more protection about pets that do cause additional
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damage. Therefore, I would like to test the opinion of the House. Amendment 53, A, be agreed to, As
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Amendment 53, A, be agreed to, As many as are of that opinion, say, "Content". Of the contrary, "Not content". I think The contents have
content". I think The contents have
content". I think The contents have it. The question will be decided by a division. I will advise the House
a division. I will advise the House when voting is open. Voting is now
16:36
Legislation: Renters’ Rights Bill – report stage, Amendment:53A :Division.
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The The question The question is The question is that The question is that amendment 53, A, be agreed to, As many as are
53, A, be agreed to, As many as are of that opinion, say, "Content". Of the contrary, "Not content". The
the contrary, "Not content". The contents will go to the right by the throne, not contents to the left by
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The
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The question The question is... The question is... The The question is... The question
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The question is... The question is that amendment 53, A, be agreed
16:46
Deputy Lord Speaker. Lord Geddes (Conservative)
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My My Lords, My Lords, they My Lords, they have My Lords, they have voted.
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My Lords, they have voted. Contents 206. Not content 198. So
Contents 206. Not content 198. So
Amendment 54, Baroness Amendment 54, Baroness Taylor
Amendment 54, Baroness Taylor Stevenage me formally. The question is that amendment 50 4B agreed to. As many as are of that opinion, say,
As many as are of that opinion, say, "Content". Of the contrary, "Not content". The contents have it. Amendment 55, Baroness Tyler, me
formally. As many as are of that opinion, say, "Content".
Of the
16:46
Baroness Grender (Liberal Democrat)
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contrary, "Not content". The contents have it. Amendment 56, Lord
Hope.
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I want to speak to amendment 56, tabled by my noble friend who regrettably is unable to be with us
regrettably is unable to be with us today. This amendment would require landlords to grant permission for
landlords to grant permission for home adaptations that qualify as reasonable adjustments provided a
reasonable adjustments provided a local authority assessment has been completed. The challenges faced by disabled tenants are many and their
disabled tenants are many and their needs are often complex. Without
needs are often complex.
Without clear provision to allow disabled tenants to make adaptations following a proper assessment. They risk being unable to remain in their homes long-term. Far too often
disabled tenants are. To move frequently, encountering
frequently, encountering unpredictable and inadequate modifications that undermine their ability to live independently. This
ability to live independently. This is not a marginal issue. The 2023-24
is not a marginal issue. The 2023-24 English Housing Survey found that 37% of households include someone with a long-term illness or
with a long-term illness or disability.
With that figure rising to a striking 59% in the socially
to a striking 59% in the socially rented sector. According to a 2024 report by housing communities and
local government Select Committee,
one in three people with a disability lives in the private sector in unsuitable accommodation.
The highest rate of any tenure type. Meanwhile a survey by Generation
Rent found that more than 8/10, 86%
of disabled private renters found that their disability or mental health condition has been negatively
impacted by renting privately.
Following the Committee stage debate I am grateful to the Minister for
highlighting the additional funding for the disabled facilities Grant,
and for her comments on the review of the allocation formula, which is a very welcome step. I also
appreciate the Minister's remarks regarding the ongoing review for the upper limit for the disabled
facilities Grant. However, I would like to highlight that this upper limit has not been revised since
2008, meaning it has not kept pace with rising costs and the increasing
complexity of adaptations needed.
While I agree that any review must
be thorough to ensure fairness and sustainability, it is equally
important that it is carried out with a sense of urgency. Delays in updating the upper limit risk leaving many disabled people without the full support they need to make
their homes safe and accessible. A timely review and adjustment are essential to reflect the current
realities and provide adequate assistance for those who need this
vital funding. I would also gently urge the government to prioritise timely and efficient local authority home assessments.
For many disabled
people delays in these assessments means living for months or even longer in unsuitable or unsafe
conditions. The challenges facing
disabled people in the housing sector highlighted deeply concerning
evidence from again the local government Select Committee. Some individuals waited 22 weeks just to
complete this first stage of their disabled facilities Grant application, leaving them without
access to an adaptive kitchen or bathroom during that time. Well understand the concerns about
creating a two tier system, the central aim of this amendment is to
ensure that once a professional assessment has confirmed a need, there is a clear pathway to
delivering those adaptations.
I hope ministers will continue to engage with the spirit of this proposal and
the practical ways to remove unnecessary barriers to independent
living. I'd also like to express my
support for amendment 72 and 86, tabled by Baroness Jones. Amendment 72 proposes a new clause to
establish a right to minor home adaptations for accommodating a disability. This is an important and
practical step that would enable disabled tenants to live more independently without unnecessary
delays or obstacles. Amendment 86 six to prevent discrimination against prospective tenants who may
require adaptations or accessibility.
This is a vital protection to ensure that disabled
people are not unfairly excluded from the rental market because of their needs. Both amendments reflect
a fair and proportionate approach to
improving accessibility and inclusion in the private rented sector and I hope the government will give them serious consideration. While I do not intend
to divide the House at present, I hope the government will listen
carefully and reflect on the proposals contained in these amendments. The aim is not to impose undue burdens, but to support
disabled people in thing independently and with dignity in
their homes that meet their needs.
I
To continue engaging constructively on this issue and consider how we can work together to improve the system so it is more responsive, more equitable and more attuned to
be relatives faced by disabled tenants across the country. I beg to move. move.
16:52
Deputy Lord Speaker. Lord Geddes (Conservative)
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After clause 12 insert the new clause as printed on the Marshalled
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List. I rise to speak to my amendments
16:52
Baroness Jones of Moulsecoomb (Green Party)
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I rise to speak to my amendments 72 and 86. I thank the noble Lady for giving such a good explanation of these two. I also wish that I had
of these two. I also wish that I had lobbied the noble Lady the Minister
more because I think these are, the three of them, are good amendments and very sensible. I was talking to a friend last night he has very severe disabilities and he was
saying that what he has noticed is that whilst landlords are very slow at actually making these improvements, or adaptations, and
allowing their tenants to do so, in fact retail business particularly is
moving ahead.
He talked about a new retail development in Yeovil town where everything is accessible. It
is rolling, rollout and people with disabilities in wheelchairs or whatever have for access. It seems
businesses are taking this seriously, so why isn't the
government and landlords? Renters of all ages face challenges, it is not only the older ones amongst us.
Older people are particularly vulnerable for more reasons. They are likely to have health issues or
disabilities that mean they are more at risk of becoming ill because of poor housing and they are also more
likely to live in poor quality
homes.
It just seems to me that this
would be, in view of our ageing population, this is not just a good thing to do, but also entirely
necessary. That was for amendment 72. One amendment 86, I welcome the
support of the LGA because promoting
equitable housing access and preventing discrimination is fundamental to our society. It's essential that tenants upper deck
from unfair discrimination when seeking housing. I do hope that Labour listens. We have seen what
happens when Labour doesn't listen
to the needs of disabled people with their welfare reforms.
These are simple changes, but I think they are important and they will change lives for the better, now and in the
future for our ageing population. Really that is what a progressive
government should do.
government should do.
16:55
Lord Jamieson (Conservative)
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My Lords, would like to thank both noble Baronesses for speaking in this debate. It is a sensitive
issue. It concerns adaptations for some of the most vulnerable in our society and touches on those who require the greatest compassion and care. We do need to support people
to live in their own home, to live independently. It is one of the reasons why I as a council leader
was proud because we built fully access to affordable home. However I
access to affordable home.
However I
have concerns with amendment 56. This is a bill focused on the private rented sector, yet the amendment introduces provisions
relating to social tenancies, as my noble friend Baroness Scott has alluded to earlier in today's debate. Social housing providers
have not been widely consulted in the lead up to this bill, infusing new requirements on them without
proper consultation and discussion
would be inappropriate. Any such change rightly belongs in a dedicated Social Housing Bill, and I note the comments of Lady Taylor
earlier about her seeking to write to social landlords and perhaps this is another opportunity for her to do
so.
Furthermore, the amendment is riddled with gaps. It lacks clarity
on the important matters, such as what happens when a tenant leaves? Is responsible for reinstatement,
it's cost and the loss of rent when work is being carried out in reinstatement? There was also the
issue of ensuring work is carried
out to a high standard and structural integrity is maintained. These issues are vital to ensuring
the value and usability of the property and the amendment fails to address them adequately. Turning to amendment 72, table by Baroness
Jones.
An openly defined minor change as including structural
alterations. I am afraid structural alterations highly seem minor.
Whilst I appreciate the intention and compassionate approach, this is
a complex issue and I strongly believe my strike a balance between
compassion, cost and deliverability. We must do so in a thorough and considered manner. I hope that your
Lordships House agrees. Lordships House agrees.
16:57
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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I would like to thank the noble Lord for his amendment and to the
noble Baroness for moving it so ably. Also Baroness Jones of
Moulsecoomb for her amendment. I thank Lord Jamieson. He may remember I visited some of the housing he
developed when he was a council leader to pinch some ideas for my
own local authority. It was very,
very accessible. Amendment 56 from the noble Lord requires landlords to allow disability adaptations when a local authority has carried out a
home assessment and recommended changes to be made.
Whilst the Equality Act 2010 already provides
protections or disabled renters, I accept that they are not always well
understood, or is well understood as they should be. It is right we consider how to address barriers
preventing disabled renters from getting the home adaptations that they need. However as stated that
committee I do not consider this amendment is the right way to do
this. That is because a new requirement linked to local authority home assessments would create a confusing two tier system.
As a consequence, even these well- intentioned measures might make it harder for people who are not eligible for disabled facilities
Grant to access adaptations. As I've previously set out the government
has committed to take steps to clarify matters further to disable disabled renters. We all recognise
what a vital issue this is and what the changes can make to someone's
lives to have adequate access to the property. We will look to ensure that the written statement of terms
landlords will have to provide to new tenants includes the duty on landlords not to unreasonably refuse tenants request for disability
tenants request for disability
adaptations.
We intend to deliver a communications program to raise awareness of disability right and
obligations amongst tenants and landlords and we will explore enhancing guidance to help landlords and tenants better understand the current system. This is in addition to existing provisions in the bill
that empower disabled tenants to request a home adaptations they need. For example, by abolishing the
section 21 evictions we will remove the threat of retaliatory eviction and the ombudsman will give tenants
a new route of redress when their adaptations are refused.
The government has also increased
funding for disabled facilities Grant, as the noble Lady mention. We
have increased the grant by £86 million, bringing the total amount
to £711 million. Just to speak a little bit about local authorities
in this. They must provide a
decision on the facilities grant application within six months of
receipt and the works must usually be completed within 12 months of the approval date. I appreciate that can
fill a long time when you are waiting for an adaptation, but guidance has been published to help
support efficient local delivery of the disabled facilities Grant, including speed of delivery.
I do
appreciate that in some areas the availability of occupational therapists to do the assessments varies. Many local authorities are
looking at this and I know they will be taking steps to address it. We
also continue to fund an organisation to act as a national body for disabled facilities Grant
and home improvement agencies, providing expertise and support to local authorities around disabled
facilities Grant and home
adaptations delivery. There is a lot going on to support the work that is being done in relation to disabled
facilities grants.
I hope the noble
Baroness on behalf of the noble Lord
was agreed that the issues I have laid out will improve the lives of
disabled renters and I asked that the amendment withdrawn. Turning to
amendment 72. I was delighted to hear about the accessibility of the
The government recognises it is not
as easy as it should be, but the measures taken by this amendment, in relation to cost alone, doesn't account for the key factors relevant
to whether disability adaptations
can be made, as I mentioned at committee stage, this is factors of the need to obtain consent from third parties, Building Regulations
requirements, consideration of how the property might be returned to its original condition, as mentioned
by the noble Lord, and such issues will generally depend on the features of an individual property.
These fundamental challenges to defining minor adaptations will inevitably lead to ambiguity and confusion that can risk making things worse for both tenants and
landlords. The amendment would also
add the next layer of complexity by creating a new right, in addition to the existing Equality Act 2010 obligation on landlords, not to refuse consent, for disability -
related improvements. I therefore do not consider this amendment is the right way to address the barriers preventing disabled renters from
getting home adaptations they need. As I outlined at committee stage,
the government has promised already to take action that will improve matters for disabled tenants.
Namely, we intend to use the new written statement of terms to set
out the duty on landlords, not to unreasonably refused disability
adaptation requests from tenants. We have pledged to work with the
disability sector to raise awareness of disabled tenants' right and explore updating of guidance. I really feel these combined measures
will be a simpler and more practical solution to the issue. The noble
Baroness, Lady Jones, raises was finally, amendment 86, which would extend the mental discrimination
measures to those who require -- For those who require it, disabled people should not faces come 5Rights Foundation while facing the PRS.
We still consider this amendment is not
the right way to meet its aim, though we understand the aim it is intending. Disabled people are
already afforded the full protection of discrimination by the equality
act 2010. Under which landlords are forbidden from discriminating against a person, based on disability. Adding this cohort to our measures in the bill would
unnecessarily increase complexity and cause confusion. With little benefit and would model the local
authorities who are responsible from
for forcing this, and the Equality Act measures.
For this reason, we kindly ask the noble Baroness
withdraw the amendments.
17:04
Baroness Grender (Liberal Democrat)
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I thank all noble Lords for participating in this short but sweet debate on a very important
issue. And I particularly welcome the reiteration of the application of the equalities act, in particular, for people with
disabilities who simply wish to have reasonable adjustments to live their lives with independence and dignity
and that is the most important point, I think, that we are trying to achieve here, within this amendment. I am sure that my noble
friend, Lord Hope, would wish me to say that he would love to continue
to work with the Minister, in particular, on this issue, and try
to ensure that we can achieve some of the changes that are required.
But that said, I beg leave to withdraw this amendment.
17:05
Deputy Lord Speaker. Lord Geddes (Conservative)
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Is it your Lordships pleasure this amendment be withdrawn? The
amendment is by leave withdrawn. Amendment 57, Baroness Taylor, moved formally? The question is amendment
57 be agreed to. As many as are of that opinion, say, "Content". Of the contrary, "Not content". The
17:06
Amendment:58 Lord Pannick (Crossbench)
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Pannick.
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I apologise on his behalf to the House for being unable to be year- to-date, amendment 58 in his name
to-date, amendment 58 in his name was debated last Tuesday. But can I
was debated last Tuesday. But can I remind the House that the bill says if a landlord asks a tenant to leave, on the grounds that the
leave, on the grounds that the landlord is selling the property, but then at the property fails to
but then at the property fails to sell, which happens in about one third of cases, the landlord will
third of cases, the landlord will then come in all such cases, be prohibited from renting out the
property, for another 12 months.
Amendment 58 seeks to reduce that
Amendment 58 seeks to reduce that period to six months. Which would
period to six months. Which would mitigate what is unjustifiably penal provision of the bill, which damages
provision of the bill, which damages both landlords and prospective
17:07
Deputy Lord Speaker. Lord Geddes (Conservative)
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both landlords and prospective tenants. With the agreement of Lord Cromwell, I wish to test the opinion
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of the House. Amendment proposed, clause 14,
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Amendment proposed, clause 14, page 3, line 22, at end insert the words as printed on the Marshalled
list. The question is that amendment
58 be agreed to. As many as are of that opinion, say, "Content". Of the contrary, "Not content". I think the
not contents have it. The question
will be decided by a division. I will advise the House when voting is open. Voting is now open, clear the
17:11
Legislation: Renters’ Rights Bill – report stage: Amendment:58
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The
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The question The question is The question is amendment The question is amendment 58 The question is amendment 58 be agreed to. As many as are of that opinion, say, "Content". Of the
opinion, say, "Content". Of the contrary, "Not content". The contents will go to the right by the
contents will go to the right by the throne, not contents to the left by
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My My Lords, My Lords, the My Lords, the question My Lords, the question is My Lords, the question is that
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My My Lords, My Lords, they My Lords, they have My Lords, they have voted.
17:19
Deputy Lord Speaker. Baroness Morris of Bolton (Conservative)
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My Lords, they have voted. Contents 213. Contents 209, so the
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Order, Order, order.
17:19
Lord Young of Cookham (Conservative)
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Amendment 59, Lord Young of Cookham.
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Cookham. I spoke on this amendment last Tuesday. I said I was minded to test
Tuesday. I said I was minded to test the opinion of the House if the government could not give assurance that tenants and flat owners
affected by the cladding scandal
could sell the property to the
landlord if a cell fell through. Whilst I was grateful to the noble Lady the Minister for the meeting
she held and the sympathetic remarks
she made at the end of the debate and I read with interest the letter she sent to me this morning, I'm afraid it falls short of the
assurances I was looking for, so I big leave to test the opinion of the House.
17:19
Deputy Lord Speaker. Baroness Morris of Bolton (Conservative)
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The question is that amendment 50 9B agreed to. As many as are of that opinion, say, "Content". Of the
contrary, "Not content". The question will be decided by a
division and I will advise the House
My Lords, voting is now open. Clear
17:24
Legislation: Renters’ Rights Bill – report stage: Amendment: 59 :Division.
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Order, Order, order. The question is that amendment 50 9B agreed to. As many as are of that opinion, say, "Content". Of the
opinion, say, "Content". Of the contrary, "Not content". The
contrary, "Not content". The contents will go to the right by the throne. The not contents to the left
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The The question The question is The question is that The question is that amendment The question is that amendment 59 the question is that amendment 50 9B
the question is that amendment 50 9B
the question is that amendment 50 9B agreed to. -- That amendment 59 That
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They They have They have voted They have voted contents They have voted contents 274, They have voted contents 274, not
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They have voted contents 274, not contents 154, so the contents have
contents 154, so the contents have
After clause 16, amendment 60,
17:31
Baroness Scott of Bybrook (Conservative)
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Baroness Scott. My Lords, this bill brings forward significant changes to the
way our housing market functions and to the government's role within the private rented sector. It introduces new controls, grants new powers to
the Secretary of State, imposes new finds, and restricts on what
landlords and tenants can do. These are not minor or technical
adjustments, they are fundamental shifts in how the private rented sector will operate. My Lords, a
bill of this scale and consequence will require a clear well planned
implementation strategy it cannot be a bill that promises change at some
undefined point in the future.
With no clear roadmap for how landlords
and tenants will be taken along that journey. Effective communication and timely guidance will be essential to
ensure the secretary is not left in
a state of uncertainty. The only implementation, this bill will alter the underlying dynamics of the
market. The government's active involvement will inevitably shift
the balance of supply and demand, change price signals, affect future
capacity, influence rational expectations and, my Lords, alter incentives for both the landlords
and for tenants.
These are not unintended side-effects, they are
the direct consequences of the
choices made in this legislation. That's why we have to be so passionate about the need for proper accountability and monitoring. That
is why we tabled amendment 118.
Which will require an impact report on the effects of this bill as a whole, covering the housing market,
rent levels, house prices, and availability. My Lords, it is clear to us this bill will not enhance the
availability of homes. Indeed, it risks diminishing it.
It will not ease the pressure of the
unaffordable rents, but may exasperated. Nor will it drive improvements in the rented
accommodation, quite the reverse, it threatens to hasten its deterioration. We believe therefore,
that the government should be required to return to both houses
with the report on the impact of this legislation. Not merely a
review, a review can be very, take time, be inconclusive and be lacking
in accountability and expense. A report, by contrast, must provide evidence, analysis, and a clear
assessment of the outcomes against
the stated aims of the bill.
My Lords, if we are to legislate with
such ambition, we must also commit to transparency about the consequences of this government's
bills. Finally, my Lords, I wish to draw the House's attention to
amendment 60. Which would require the Secretary of State to provide an
annual report on the financial assistance to local housing
associations. This, my Lords, is about transparency and
accountability. When public finances are under strain and fiscal outlook
is bleak, taxpayers deserve to know where their hard earned money is going.
I hope the noble Baroness,
the Minister, will consider how we can strengthen oversight, win significant sums of financial
assistance are involved. My Lords, on the broader principle of scrutinising the bill's intentions
and implications, I am pleased that
we have found common ground with the noble Baroness, Baroness Thornhill. My Lords, the noble Baroness, the Minister, the government may find this group frustrating. But we
believe the onus is on us to ensure
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the predictions are tested and instincts are aligned with reality. I beg to move. Amendment proposed, after clause
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Amendment proposed, after clause 16, insert the following new clause as printed on the Marshalled list.
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My Lords, I rise to speak to
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My Lords, I rise to speak to amendments 90 and 93, in the name of Baroness Thornhill who unfortunately is not able to be here for this group. These are thoughtful and
17:35
Baroness Grender (Liberal Democrat)
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group. These are thoughtful and constructive proposals that seek to strengthen the effectiveness and accountability of this bill. Amendment 90 would require a review
of the impact of part one of the act within three years. Specifically to
address its effect on renters security and stability. Given the
significant of the forms introduced by this bill, it is entirely
reasonable to build in a mechanism to evaluate whether these changes are achieving their intended
outcomes, and to put those before Parliament. I am aware that the Department conduct their own review
processes, a legislation of this kind.
But I would welcome assurances
today from the Minister that these reviews would be thorough and fully account for the various impacts of
the act across the private rented sector. Amendment 93 also tabled by
Baroness Thornhill proposes a review on how well tenants understand their rights and obligations under the act and where they are most likely to
seek that information. This speaks to a critical issue. The bill makes
a number of positive reforms, particularly in strengthening the rights of renters to challenge unfair practices.
Such as unlawful
rent increases. Poor property standards. Or breaches of their tenancy agreements through
accessible routes, like the First- tier Tribunal. However, as we have
discussed again and again in committee stage in the second reading, far too many tenants are either unaware of these rights or
lack the practical information and support needed to exercise those
rights. Without clear and accessible communication, even the most well- intentioned reforms risk falling
short. This amendment would ensure
the government is proactive in identifying how renters seek advice
and whether current methods of communication are effective in reaching them.
It is only through this kind of follow-up that the
bill's protections can be meaningfully realised in practice.
Amendment 60 tabled by Baroness Scott would require the Secretary of State to produce an annual report on financial assistance, provided to
local housing authorities. The amendment as drafted it does not, in our view, clarify the contents of the review. And as such, information
it suggests is already available. We are much more supportive of
amendment 118, requiring a broader view of the act's impact on the housing market.
Something we attempted to introduce on day one of
report. As we argued then, given the scale of the reforms to the private rented sector, a review of this kind
would provide a useful opportunity to assess the acts wider
consequences. We hope the Minister will take these considerations into account, these amendments do not
seek to undermine the bill but rather ensure its implementation is informed, effective and fair. Any pack review to how well tenants
understand and can access their
rights would damage the government is serious about delivering lasting change, in the private rented sector.
It would also offer a
valuable opportunity to defy where further support or clarification may
be needed, and help to assure the forms achieve, as we all hope,
therefore, their potential.
17:39
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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I thank the noble Baronesses Lady
Scott and Lady Thornhill, again, ably moved by the noble Baroness, Lady Grender, for their amendments.
Management 60 would require the Secretary of State to publish a statement of the financial assistance provided to local authorities, in connection with
their powers, to impose civil
Related to issuer tenancies. The statement would need to be laid before Parliament within 12 months
of section 16 of the bill, coming into force. And then annually for an indefinite period.
It is clearly important that local authorities are
prepared to fulfil the duties placed upon them by the bill. However, requiring the government to produce annual statement of the nature
outlined in this amendment will create a significant administrative burden, we believe, for little benefit. We know the enforcement
duties created by the bill will present an additional net cost for local authorities. That is why we will ensure that the additional
burdens created by the new system are funded in line with the New
Burdens Doctrine.
We will continue to work closely with local authority stakeholders, as the bill is
implemented, to ensure a smooth transition to the new system. And for these reasons, we would ask the noble Baroness, Lady Scott, to
withdraw her amendment. Turning to amendment 90, from the noble Baroness, Lady Thornhill, which seeks to prescribe the groups to
which the department would be required to be consulted part of
this process. My Lords, I know there is a large amount of interest within this House, on at the impact of this legislation.
I have previously set
out to the House the approach we will be taking to monitoring and evaluating the impact of the bill.
The use of a broad range of data is at the heart of our approach. As
well as existing data, we will use data from stakeholders, such as
local authorities, and data generated from the reforms themselves. I agree, it is important that our evaluation makes use of interviews, surveys, and focus
groups, and we have committed to conduct these with a range of
stakeholders.
This amendment would
require the government to speak to renters, landlords, local authorities, as part of our evaluation. My Lords, we have
already committed to speaking to these groups, in fact, we plan to go further and also draw on the experience of letting agents, third
sector organisations, delivery partners, the courts and tribunals
service, and government officials. The information we collect from speaking to these stakeholders will be used as a key part of our
evaluation of the program. I also recognise this amendment places a particular focus on the impact of the bill, on levels of homelessness
and the use of temporary accommodation.
We already collect robust data through the homelessness
case level collection. Local authorities provide quarterly data
returns on their actions under the homelessness legislation. This allows us to effectively monitor
homelessness including temporary accommodation breakdowns. My Lords,
no approach to tackling homelessness can rely on a single action. Instead, we are determined to address the homelessness crisis we
inherited and deliver long-term solutions. That is why we have
already made £1 billion investment in homelessness and rough sleeping services this year, at 25, 26, and a
£233 million increase on the previous year.
In addition, we are
developing the cross government strategy, to get us back on track to ending homelessness. We are committed to moving away from the
system focused on crisis response, taking a holistic approach, to preventing homelessness in the first
place. And driving better value for
money in interventions. Amendment 93, also from the noble Lady, Baroness Thornhill, would introduce
a legal requirement for the Secretary of State to conduct a review to the extent to which tenants in any private rented sector
understand their rights and obligations.
I know the House will share my view that the successful implementation of the Renters'
Rights Bill is firmly rooted in how widely its provisions are known and understood and I completely agree
with Baroness Grender in that respect. I therefore want to
reassure the House the government's committed to raising awareness of the full range of Renters' Rights Bill reforms, across the private
rented sector. This will be done through robust and extensive stakeholder engagement, providing
the sector with a full suite of guidance on the reforms.
And an
overarching communication campaign, along with partnership marketing. This extensive a targeted work will ensure each part of the sector fully understands their new rights and
obligations. The government has
already committed to a comprehensive monitoring and evaluation program of the reforms, drawing on a wide range
of data sources and stakeholder input. Including a requirement for a review of tenants understanding, of the rights and responsibilities on
the face of the bill, therefore represents an unnecessary step. On
the basis of these arguments and our clear commitments, I would ask the
noble Lady to withdraw her amendments.
Finally, turning to
amendment 118, in the name of the noble Baroness, Lady Scott, I appreciate the concern that
underpins amendment 118. Namely, the potential impact of the Renters' Rights Bill on the housing market in England and whether it might
discourage landlords from remaining in the sector. As we consider this issue today, it is important to reflect on the evidence already
reflect on the evidence already
available. The 23-24 English Housing survey shows that the size of the private rented sector has remained broadly stable since 2013, 14.
This
suggests that despite ongoing discussions about Reform, since 2019, landlords have not exited the
market in significant numbers. My Lords, the government remains confident that the measures in this bill will not destabilise the rental
market, on the contrary, our proposals make sure landlords have the confidence and support they need
to continue to invest and operate in the sector. My Lords, I won't repeat the details are set out in committee
of this government's commitment to thoroughly monitoring and evaluating the private rented sector reform program, using a wide range of data
sources.
And stakeholder input. However, for the benefit of the House, I will briefly set out plans
for publishing the findings, from this evaluation, which I believe is what the noble Baroness Scott was
asking me. In accordance with the policy set out in our evaluation strategy, the department will publish its assessment of the
Renters' Rights Bill on gov.uk, at two key intervals, two years and
five years after implementation. To ensure the reports are publicly accessible, copies will be formally
launched in the ivories of both
Houses of Parliament at the time of publication I would also like to reassure the noble Baroness we are committed to carrying out a robust
evaluation of the Renters' Rights
Bill.
We will disseminate its findings widely, so that tenants,
animals, local authorities and wider stakeholders will be able to see and scrutinise the impact of the reforms
in a timely way. For these reasons, I would ask the noble Baroness withdraw her amendment.
17:46
Baroness Scott of Bybrook (Conservative)
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My Lords, I would like to thank
It has allowed us to explore the
further impacts of the bill and what it entails. It is clear from the discussions today in the lead up to the report that there is probably
not sufficient report in this House for amendment 60, so I will not be
pressing that today. But it has been
very clear from the outset to us
this is a poor deal. We believe it will have serious consequences for both landlords and tenants.
A reduction in rental supply is not
good. It pushes up costs for those already just about managing and in many cases removes the entirely
reasonable option of renting a home
altogether. We therefore wish to test the opinion of the House on amendment 118 when the opportunity
to do so arises on the next day of
report. If the government are confident in this bill, then we believe they should have nothing to
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hide. I big to move. Is at your Lordships pleasure
that amendment 60 be withdrawn? Amendment is by leave withdrawn.
Amendment 61, Baroness Kennedy.
Amendment 61, Baroness Kennedy.
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Amendment 61, Baroness Kennedy. I declare my interest as a trustee of the nationwide foundation. Amendment 61 in my name six to address a growing and deeply concerning issue in the private
concerning issue in the private rental. The overuse and often misuse of guarantor requests. This
of guarantor requests. This amendment was expertly move my noble friend Baroness Lister at committee and I thank her for her support today, along with the noble Lady Baroness Grender and the Right
Baroness Grender and the Right Reverend Prelate the Bishop of Manchester, all of whom have given
Manchester, all of whom have given support to this issue regarding the overuse of guarantors.
Landlords should retain ways to embellish
should retain ways to embellish financial risk, however the
increasing risk of guarantor requests is creating a new form of
requests is creating a new form of exclusion, particularly for vulnerable renters. This is what amendment 61 is about. It's not about banning guarantees, but restoring proportionality and
restoring proportionality and fairness to their use. Guarantors become a significant barrier to
17:50
Baroness Kennedy of Cradley (Labour)
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housing for many. Recent data from Generation Rent shows that almost
Generation Rent shows that almost 30% of renters who moved in 23-24 were asked to provide a guarantor. A
further survey by Shelter and YouGov
further survey by Shelter and YouGov showed that due to the inability to
showed that due to the inability to
fulfil guarantor requests. However, landlords have not claimed rent from guarantors, despite so many being
guarantors, despite so many being asked to provide them.
They are often never pursued when payment
often never pursued when payment issues arise. Why you may ask? A survey asked exactly why and 25% of private rent landlords when
private rent landlords when questioned said they asked for a
questioned said they asked for a guarantor because my letting agent advise me too. Another 16% said, I
thought it was standard practice. Another 12% said, I had heard from
other landlords it was a good idea. So simply put, guarantors are over requested, largely unused and worst
of all they increasingly serve as a proxy for discrimination.
When a tenant can show that they can afford
the rent to a standard affordability assessment, the additional
requirement of a guarantor becomes unnecessary and unfair. In many cases it as to an already
substantial financial burden, alongside the five-week deposit and the first months rent in advance.
The evidence shows that this
practice disproportionately affects people on lower incomes, those without access to financial support networks and groups already at greater risk of housing
discrimination. Women, single parents, people with disabilities,
black and Bangladeshi tenants.
These
figures show a pattern. We've also heard about older renters being
asked intrusive questions and then
being asked to provide a guarantor.
We heard a self-employed single mother was asked to provide a guarantor even though she was earning £45,000 a year. Too many
renters simply do not have someone in their network who can act as a
guarantor. Unless this issue is addressed, there will be a two-
tiered system in the rental market. The justification of these requirements often rest on an
overstated fear of rent arrears.
Yet government figures show that only 2% of private renters were in arrears
in 23-24. It's not negligible but it
doesn't warrant such widespread and disproportionate use of guarantors
and there is an eviction procedure.
Guarantor should only be requested when a tenant cannot fully demonstrate that they can afford the
demonstrate that they can afford the
rent. So this amendment, amended 61, strikes a balance, allowing landlords to use guarantors where genuinely necessary, while protecting tenants from unjust
exclusion.
It is supported by a wide range of voices. Shelter,
independent age, the Mayor of London and others. It's also worth noting
that this amendment calls not only for legislative clarity, but invites
the government to go a little further by introducing national
guidance on affair and proportional issue of tenant referencing. It will
prevent local variation from undermining the housing market. In summary this amendment is
proportionate, reasonable and does not remove the landlord's right to safeguard their interests, but
ensures that its exercise in a way that is just and consistent.
I hope Baroness Taylor of Stevenage is
minded to accept this amendment. But
if that is not the case, can I ask for critical questions. We guarantor requests becoming standard process
rather than when they needed, the government issued guidance to
landlords and when to request one? Will the government look at what support it can provide people who are at risk of homelessness because
they cannot find a guarantor? Will
the issue of guarantors be examined in detail as part of the postal implementation work? And will my
noble friend commit to working with Shelter, the renters coalition, noble Earls in this House are many
others on these issues and find other ways to support the growing number of renters being locked out
of the PRS because of the overuse of guarantors? Without this amendment and government action to address the
issue of guarantors, tackling discrimination will undermine the
practices it wishes to help.
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I rise briefly to talk against cruel 61. This is well-meaning, but
cruel 61. This is well-meaning, but I'm afraid it is a blunt increment full of unintended consequences. I
full of unintended consequences. I do not deny that to require a guarantor for most tenancies is disproportionate and unnecessary,
17:54
Lord Fuller (Conservative)
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and the bill makes welcome provisions to regularise what has
become standard practice for the most part. But I do want to alert
your Lordships House to some perverse consequences for particular
types of tenant, among which are the quietest voices. There is the foreign students, the groups of
students, as well as those with the
impaired reputational difficult -- impaired reputations and difficult
circumstances. Let's dwell for a moment on the foreign student. They
have come from away.
They have no reputation, there is no covenant
strength, they may not have arrived in the United Kingdom yet. Probably
don't have a UK bank account or UK mobile phone either. The only way in which they can secure in many cases
a property for them to living before they arrive is to have a guarantor.
The guarantor allows them to have a
roof over their head. We have groups of students. I'm referring to cases
such as my daughter when she went off to Newcastle.
There were seven students, friends, but they didn't
know each other that well. There were no family bound to tie them and
this bill contemplates that the tenant is a single tenant. It is
quite reasonable for a landlord renting to students who can't have payment in advance, and I won't one
about that because we discussed that on day one of committee, but they need to supply some side of
guarantors so the downside risks can be compensated. Without those guarantors, and not all of them want
to live in expensive horns of
residents.
They are disadvantaged in an early part of their lives. I am thinking if I may about those with
the impaired reputation. People who may have left prison. People
suffering from domestic abuse, or
family breakdown. I have been a guarantor for this sort of family in
this type of situation, but the government seeks to make my well- meaning interventions unlawful. So
let me explain. Sitting in your Lordships House the moment as the
noble Baroness the Minister. Lord Jamieson and myself, all of whom
have been leaders of councils.
We
know that councils have to step in certain circumstances to avoid
homelessness. We know there are not enough registered social landlords
and we know that the private sector landlords are our friends. They are
part of the solution, not the problem. But we cannot expect the private sector landlord to be the only one that takes a chance to get
that person who may have fallen homeless to get a roof over their
head. In common with other councils, my councils, and I am proud we push this hard, we had rental guarantees.
We stood guarantor for somebody in
difficult circumstances so that the
private sector landlord, who was prepared to take a chance with us, could do so. This has been an
essential part of managing the housing market. It's about supporting the most valuable. It
works, it is a success, it is
something, I have been a council
leader, and I'm sorry, I failed to recognise the noble Baroness Scott who has also been a council leader.
Being a guarantor helps to get
people back on their feet.
When you consider amendment 61, in what universe can this misguided and
counter-productive amendment help those with the quietest voices get a
roof over their head? Providing a
guarantor is the way in which the unvented can be rented, and there is nothing fair about keeping people in
bed and breakfast if they could find
a guarantor and get housed. I cannot support this amendment.
17:59
Baroness Lister of Burtersett (Labour)
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Iron police to support my noble friend and grateful to her for taking over the amendment. She is
much better place than I am making and has done so very persuasively. The noble Lord Lord Fuller called it
a blunt instrument and was
hyperbolic at the end when his objective to describe the amendment.
objective to describe the amendment.
But according to Shelter, the bill
and this amendment would restrict scenarios which landlords can
legitimately request a guarantor if a prospective tenant cannot prove the event is affordable to them.
It
doesn't mean that the amendment
excludes the groups the noble Lord describes. If it does so, perhaps we can have a refined of it, but the
fact is that there are problems without an amendment of this kind.
My central argument in committee...
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Noble Lady talks about the burden of proof and in the three examples I gave, proof is not available. So
gave, proof is not available. So those people promoting amendment 61, and I can understand the intent and
and I can understand the intent and well-meaning this behind it, but if it forms part of the bill, you need to ask yourself how our those people in those difficult circumstances
going to demonstrate the proof, because they can't, so a guarantor
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is the only way forward. This amendment doesn't preclude the use of guarantors, it just
limits the use of guarantors, but I will leave it as that. As I said at
will leave it as that. As I said at committee, the better way of doing
committee, the better way of doing it as I said at committee, if there is a better way of doing it, then
is a better way of doing it, then fine. I'm not convinced that there
are any unintended consequences.
Anyway there was a welcome provision in the bill that will prevent
in the bill that will prevent landlords requesting multiple months rent in advance which my noble friend the Minister explain can be
friend the Minister explain can be used to discriminate against certain
used to discriminate against certain marginalised groups. Then warned that the requirement of a guarantor could easily become an alternative to discrimination, as my noble
to discrimination, as my noble
to discrimination, as my noble
It would not prohibit guarantors but would limit their use, to avoid discriminatory impact.
I am afraid
my noble friend the Minister did not
really address the argument in her response at committee, did she not accept the evidence I have
presented, and my noble friend has presented, today that requiring a high earning or home earning guarantor is all too often used in a
discriminatory way. I am thinking particular, as my noble friend said,
of Social Security recipients, disabled tenants, members of racial minorities, who at this
proportionately likely to be as a guarantor.
Given the discriminatory
stance, which of course, I'm very
supportive of, I am a loss as to why
my noble friend, the Minister, didn't take this argument more seriously. Perhaps you could address it today and ideally except the case made by my noble friend all commit
to bringing forward her own amendment, at third reading, and
would perhaps address the problems that the noble Lord, Lord Fuller, raised. At the very least, I hope
that she will be able to answer the questions my noble friend posed as a
kind of broad back option.
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My Lords, I have my name against this amendment, and am absolutely
this amendment, and am absolutely delighted to support it. In the name of Lady Kennedy of Cradley, and we
of Lady Kennedy of Cradley, and we spoke about this at committee stage.
spoke about this at committee stage. But I still feel there is an opportunity here. This is not about the banning all guarantors. If acne
the banning all guarantors. If acne is clarified. And that is made very clear in the wording of the
amendment.
-- If that needs clarified. This is about blanket use of guarantors, which I'm afraid is
of guarantors, which I'm afraid is in use and is highly, highly discriminatory. The noble Lord
discriminatory. The noble Lord Fuller references student groups but
Fuller references student groups but I am a little confused because the student groups that have been touch
student groups that have been touch -- In touch with me the last three days about his amendment, my understanding is they support this amendment. Unless the noble Lord has
amendment.
Unless the noble Lord has any examples of student groups that have been in touch with him against
have been in touch with him against this amendment and I would be happy to sit down and allow him to tell me.
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me. I canvassed student groups, but I know the example of my own family,
when my daughters went to Oxford and of course Newcastle, the restrictions placed, I'm talking from my personal experience, rather
from my personal experience, rather
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than the presenter -- Representatives of other organisations. It is my understanding the student groups are happy with this
student groups are happy with this amendment and again, the blanket use of guarantors. Because the current
of guarantors. Because the current use of guarantors is, I'm afraid, a proxy for cremation against vulnerable groups. There is evidence
vulnerable groups. There is evidence there -- A proxy for discrimination against vulnerable groups. There is evidence, it is so profoundly shocking, it benefits repetition.
shocking, it benefits repetition.
66% more likely to be asked for a guarantor if you are black. That is
guarantor if you are black. That is just shocking. If you are on benefits, 60% more. If you have a
18:05
Baroness Grender (Liberal Democrat)
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benefits, 60% more. If you have a disability, 20% more. If you are
older, in other words, the great Equality Act of 2010 is being driven
over with this, with the use of guarantors. And I am delighted to
support it. I read with a lot of
care the frontbench speeches in the committee stage with this. The noble
Lord, Lord Jamieson, suggested guarantors can be a lifeline for those with poor credit or no rental
history. But my Lords, we genuinely believe on these benches that nothing can be further from the
truth.
The harsh and stark reality
is that 550,000 private renters were unable to secure a desired home in the last five years, because they
lacked a guarantor. There is not a single campaigning organisation, that I'm aware of, who campaigns and advocates on behalf of people who
could be described as those who need that kind of lifeline. Who are on no
incomes or low incomes, who are
advocating or opposing this amendment, that I'm aware of. And that includes working class
international, estranged, and care
experienced students who struggle to find suitable guarantors.
Why do they struggle to find suitable guarantors? Because they do not know anyone in those highest quartiles
which are the only guarantors that many landlords will accept. They
just do not have those contacts or connections. He further suggested tenants have market discussion or
choice, if a landlord is imposing a blanket guarantor policy. That defies the logic of the current marketplace, whether low income
tenant is never in the luxury position of shopping around. Again,
the choice rests only with those
whose income is in the higher quartiles.
To the Minister's pointed the same discussion, about guarantors providing confidence, we
must ask at what cost to fairness. Landlords already have really robust tools, a five-week deposit, the
first months rent upfront,
affordability checks. Indeed, as the noble Lady, Lady Kennedy, said, guarantors are rarely invoked in
practice, and like him, I am
currently a guarantor for my son who was a student, so I completely understand that is what we currently
do. But less than 3% of landlords have ever attempted to claim lost rent from a guarantor in the past two years.
When they did, it was 16
times more likely to be difficult and easy. Landlords have other much more appropriate business risk
more appropriate business risk
management tools, such as rent guarantee, insurance, rather than relying on a tenants family member,
so many of these tenants do not have a family member who is earning way above the median income, which is what is demanded. Even before this
legislation has come into effect, there is a worrying rise. Generation
Rent 2024 survey, found that 24% of renters who had moved in 23-24 had
been asked for a guarantor, up from 22% who had moved before, in 2019.
Always in this context, I fear the debate is held on the assumption renters like responsible ditty
somehow, unlike other 10 years. -- Lacks responsibility for but as Lady
Kennedy said, tenors reported
arrears in 2024, most tenants, the vast majority are responsible individuals. Either way, they often
come with other things, like eating and eating, in order to pay rent, because they understand the consequences and because the market
a limited for them. This is not a
radical proposal.
As generation Rent and Shelter argue, it simply ensures
guarantors are used sparingly and appropriately and only when absolutely necessary. Only when a
prospective tenant generally cannot demonstrate they can afford the rent. And this entirely aligns with
the national residential landlords Association's own current
guidelines. When the Minister responds, I would ask if the
government are unable to stop this
loophole for discriminatory practice. Usually at least, either today or perhaps in a letter to follow, make clear guarantors should
be only used as a last resort.
At the Equality Act should be used if there is further evidence of
discrimination. And that, already, landlords have the means to ensure tenants pay through other
mechanisms. I hope, my Lords, her words today will ensure that widespread use of guarantors is not
the next version of no fault of evictions.
18:10
Lord Jamieson (Conservative)
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My Lords. Can I thank the many who have spoken of this debate, particularly the three noble
Baronesses who have spoken very passionately on the issue that we
need to support. Some of the most vulnerable in our society. And I agree, we do need to support them. And as my honourable friend, the
noble Lord Fuller, many councils use
the fact they can use a guarantor to
enable many to access home where under other circumstances they would
not be able to do.
There is a role for the guarantee. I think, the noble Baroness Grender has just
mentioned, there is a shortage of rental accommodation. I think the figure is something like 12 people
chasing every available rented home. I think we need to think about this
when discussing the spell and how we encourage more people to seek to read their home, so we have a more
dynamic market and there is more availability there. So, with that, I would like to say, is widely
recognised we need more rented homes, and the importance of small
landlords, particularly in the rural area.
But we also need to recognise that for many of these landlords,
they only have one or two homes. Many of these are a substitute
pension. Many of them have mortgages
on these homes. And if they are going to do that, they need security that they are going to get the
rental income, it is just too high a risk, and some noble Lords have mentioned the risk is small, but if
it is your only asset and you have got a mortgage on it, you may not feel able to take that risk.
As we
have discussed before. Without this, many would have no choice but to
exit the market. Meaning fewer rental homes and fewer people able to access a home. More people on the
street. That is a particular issue
in rural areas with these small ones, it provides A-level of security, giving landlords assurance
the event will be paid, even if the tenant is experiencing frontal difficulties. As mentioned earlier,
a tenants, particularly students and young people, or those without a strong credit history, a guarantor can be key to securing a home, which
might otherwise be out of reach.
This, my Lords, is partly why we are so passionate about enabling rent in
advance. That vision would have been especially helpful for individuals facing barriers. Such as overseas
students without UK credit records. All -- Or those who simply don't
have anyone to act as a guarantor. I
understand why the noble Baroness, has bought this amendment, however, I regret to say on the side of the House, we cannot support it.
Firstly, it is overly restrictive. And would constrain landlords from making what is, in many cases, a reasonable response to financial
risk.
Second, preventing landlords from providing a guarantor in such circumstances can have the
unintended consequence of discouraging them from renting to
high-risk tenants altogether. Third, it undermines a market led approach, to risk mitigation. Finally, the
amendment affords a broad and, we believe, inappropriate delegation power. Combined together, my Lords, this will, as I said earlier, reduce
the supply of available homes,
increase the cost to a tenant, and mean fewer people are unable to get their own home. For these reasons,
my Lords, we cannot support this amendment.
18:14
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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My Lords, I would like to thank my noble friend, Lady Kennedy of Cradley, for her amendment 61. And
for bringing her own expertise and experience both to today's debate and discussions we have had
previously on this issue. And indeed, as is my noble friend,
Baroness Lister, when she moved a similar amendment at committee for I would also like to thank Lord Fuller
and Baroness Grender, the noble Lord Jamieson for speaking. The use of
guarantors in the private rented sector is an issue which I know is of great interest to the House.
Let me start by saying the government
recognises the fact that obtaining a guarantor can be a difficult task
for some tenants, and I understand concerns it can be used as a further
barrier to tenancy in some cases. As the noble Baroness Grender said, and indicated, where it has been used to
discriminate, then equalities law
may apply, and I will consider for
our information exercise on the bill, whether there is anything we can do to inform people in this regard for some however, it would be
irresponsible for any government to legislate to tackle one issue, without considering the impact of such action on the system as a
whole.
This amendment would make it unlawful for a landlord to accept an offer from a prospective tenant, to
provide a guarantor, in a very broad set of circumstances. Including in
the case of any tenant who has paid a tenancy deposit. My Lords, we must not underestimate the risk of such action proposed, for those who rely
on guarantors to access the private rented sector. Without the option of providing a guarantor, many
prospective renters, including those moving out of home for the first time, self-employed, those with
historic debts, would find it difficult to secure a private tenancy, and some will find it
impossible.
While this scope of the prohibition contained in the amendment is broad, I recognise
there is also interest within the House in a more targeted restriction
on the use of guarantors. Why should, for example, a tenant who can demonstrate an income of three
or four times the annual rent be required to provide a guarantor? In answering this question, I must stress to the House that landlords generally take account of several
factors, in addition to income, when determining whether a potential
tenancy is likely to be sustainable.
This includes the prospective renters former employment, rental history, and broader financial
If we were to say that renters with
a certain income didn't need to
provide a guarantor, it would prevent an equal footing. Without
the ability to offer guarantor and all else being equal, it is likely that, giving one example, a self-
employed renter find it challenging
to secure a property if facing competition from someone on a
permanent contract with the same income. All this being said I recognise there is interest in this House in cases where a person is
unable to find a guarantor and particularly where a person is at risk of homelessness.
I the House
will allow me to set out the support and options that may be available
where this is the case. First, the measures we are introducing which
restrict payments of rent in advance at the start of the tenancy do not apply to local authorities. This means that local authorities will
means that local authorities will
continue to pay upfront rent to help people on low incomes or at risk of homelessness to secure property.
Local authorities may offer guarantee schemes, as the noble Lord fuller commented.
These local
authority guarantors can be important for example for care
leavers leaving care who do not have, may not have a guarantor otherwise, or for a domestic abuse
victim who has fled and has to avoid contact the people that may be
guarantors. And in some cases professional guarantor services can
help prospective tenants acquire a guarantor in circumstances where
they may not have been able to do
so. My noble friend asked if guidance would be issued to landlords.
I recognise the concerns that underline this question. We
have no plans to publish guidance on the use of guarantors, but I will consider whether we need to give
further guidance on when that may be discriminatory. This is because there is no one-size-fits-all approach to determine whether a tenancy will be sustainable.
Landlords must be able to make informed decisions when selecting tenants. Good landlords assess tenant suitability in line with each
individual circumstance and they do not apply blanket policies to their
tenant assessment process.
I'm also happy to confirm to the House our
evaluation of the impact of the bill, the approach I set out when we
debated the previous group of amendments, will include an assessment of any changes in the use of guarantors. In addition we will
continue to speak to stakeholders across the set about the use of guarantors as a way of supporting
renters into homes. To respond to Baroness Kennedy, I'm happy to meet
with her, Shelter, renters coalition
with her, Shelter, renters coalition
and others if it will help to debate the issue.
There is a supply and demand imbalance in this country which the government is seeking to tackle through our ambitious milestone of building 1.5 million
five -- safe and decent home in this Parliament. However whilst we are in
this situation where there is strong competition for privately
compensation in some parts of the country it will not be helpful to support a measure that will do more harm then good to renters. I hope
that on that note my noble friend
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will not press her new clause to a vote. I thank noble Lord is for
18:20
Baroness Kennedy of Cradley (Labour)
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I thank noble Lord is for speaking in this group. I do want to reassure my noble friend Baroness
reassure my noble friend Baroness Taylor of Stevenage, Lord Fuller and others that the intention behind
this is clear. It's not about banning guarantors. I'm sure and all
sides of the House we appreciate landlords have to manage their financial risks. They have a number
of ways of doing this. This amendment is simply about ending
discrimination and ensuring that guarantors a overused and commonplace, they argues when they are generally needed and it's about restoring proportionality and
fairness the use of guarantors.
I
thank Baroness Tyler for her reply and engagement on this issue, continually meeting with me and other stakeholders in the understanding of the issue. We are disappointed that the government
will not accept this amendment. I am particularly disappointed about the
guidance not being issued. I'm appreciative about the guidance about discrimination and the
discriminatory nature of the overuse
of guarantors and her commitment towards evaluation of the impact of the bill. And always happy that she
will meet with myself and other
stakeholders.
Family of the belief, as I am sure other noble Lords are,
as Baroness Lister and Baroness Grender have reiterated, we are
often believe that the overuse of guarantors implements the
discriminative aspects of this.
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However, I will withdraw. Amendment by leave withdrawn. In clause 21, amendment 62, Lord Shipley.
18:22
Lord Shipley (Liberal Democrat)
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I rise to move amendment 62 and speak to 63, 65 and 66. At Committee stage I raised some problems with the honourable lady Bull was drafted
the honourable lady Bull was drafted for joint tenants in respect of notices to quit under assured
tenancies, defined in clause is 21 and 22. It was anticipated at Committee stage that the issues raised will be examined further, and
I thank the Minister for having done this. The problem was that with
joint tenants had a breakdown in
, there could be unforeseen consequences for one joint tenants, who might be unaware, for example, that a notice to quit had been served by the other joint tenant.
I
am grateful for the assistance provided by Citizens Advice, his
frontline staff identified this problem and proposed solutions, and to the work done by the Minister and her department in drafting
amendments 64 and 67, which I welcome. I look forward to the Minister's explanations of amendments 64 and 67 in the expectation that I will withdraw the
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amendments in my name in this group. Clause 21, page 38, line 34, leave out has and insert and any
leave out has and insert and any
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joint tenants have. My Lords, I rise to address this group of amendments relating to
joint tenancies and procedural
requirements for serving and
requirements for serving and responding to notices to quit. The amendments were put forward by Lord Shipley and seek to ensure that provisions within clauses 21 and 22
18:24
Lord Jamieson (Conservative)
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provisions within clauses 21 and 22 apply expressly and fairly to all assured tenancies. The spirit of these amendments is to promote transparency and fairness, ensuring
that no tenant is left unaware or disadvantaged by unilateral actions. As we have discussed in this debate
and in the Committee stage, joint tenancies are an important and
increasingly form of tenancy arrangement, particularly amongst families, couples and shared
households. Given that multiple tenants hold equal rights and responsibilities, it is only right
and fair the bill reflects this reality by requiring all parties to be kept informed of significant developments affecting their
tenancy.
These amendments proposed sensible, procedural safeguards. The
requirement that any notice to quit
is served by one joint tenant must be communicated in writing to all other joint tenants is fair.
Similarly, where a landlord serves
notice, all joint tenant should be notified promptly. It is also noteworthy that some amendments specify that certain agreements,
such as those shortening notice
periods or drawing notices to quit, must involve consent of all joint tenants rather than just one. This is a balance recognition of the collective nature of joint tenancies
and the importance of mutual consent in such decisions.
As this bill
continues to evolve it is our shared
goal to ensure a rental market is fair and workable for all parties
involved. Though we fully understand and respect the intentions behind these amendments and we welcome the
constructive debate they have smart, it's important to consider the practical implications requiring
unanimous consent when detailed notice procedures could add
complexity delay, especially in situations where tenants circumstances change rapidly. Therefore whilst we support the principle of ensuring fairness and
transparency in joint tenancies, we urge careful consideration and balance between protecting tenants rights and maintaining workable
efficient processes for their
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landlords and tenants alike. I would like to thank the noble
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I would like to thank the noble
18:27
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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I would like to thank the noble Lord Shipley for his amendments and Citizens Advice who have provided the benefit of their significant expertise throughout the bill's
expertise throughout the bill's passage. I also would like to thank Lord Jamieson for his contribution.
Turning to amendment 62 and 66, the government's position is not that
the joint tenants could end the
tenancy unilaterally or tenant should not have the ability to drop another. The government has tabled amendments 64 and 67 which achieve the same effect as those laid by the
noble Lord law Shipley.
Government amendment 64 would apply where a
tenant he wants to quit a joint tenancy six to agree a shorter notice period with the landlord. All
other landlords will need to agree this in order for the notice to quit to be valid. This would ensure tenants will not be able to agree
short notice periods for a notice to
quit without other joint tenants being aware, preventing tenants from finding out at very short notice
their tenancy is pending. I'm pleased to clarify this issue beyond
doubt.
Government amendment 67 will clarify that all joint tenants must agree alongside the landlord for a
notice to quit to be withdrawn. All tenants must agree to sustain tenancy and make clear that one
tenant cannot trap another in the
tenancy indefinitely. These changes will ensure that joint tenancies continue to operate effectively in
the future tenancy rating and ensure maximum clarity for all parties. As
such I hope the noble Lord of -- I
hope the noble Lord will withdraw his amendments.
I have great
sympathy with the noble Lord's intent. We all agreed that tenants
and landlords should communicate transparently with one another and take action to ensure that all parties are aware that the tenancy is coming to an end. With regret I'm
unable to support Coady final requirement for this in law. The government is concerned that in certain circumstances this may place
individuals at risk. This is particularly true for victims of
domestic abuse who may not be able to safely inform the perpetrator that a notice to quit has been served.
Indeed some victims may
choose not to serve a notice to quit at all. I also have practical concerns about this amendment. It
might give rise to frustrating and counter-productive disputes among
tenants and cause them to question whether a tenancy is being validly
ended. And that 65 would allow a
tenant to serve one months notice if
a landlord is served a possession notice. This will be a reduction from the usual two months notice required by the bill. While I
appreciate the intent is to offer tenants flexibility to find a new property, we think the bill strikes the right balance.
Landlords must now be formats notice when using
these grounds. We think it is reasonable that the property be occupied for at least two months of this period, unless there is
specific agreement to a shorter period. I would also note that allowing shorter notice periods automatically place other joint
tenants in a difficult situation.
For example, if they have not found
alternative accommodation. This is recognised in the noble Lord's other amendments. In many cases the landlord would be supportive of the tenant moving out sooner than would be otherwise permitted.
In these
cases all joint tenants and the landlord need to agree a shorter
notice period. Given careful consideration to these amendments and have accepted those where we
feel the bill could be strengthened. While I fully appreciate the intent behind the other amendments. I
therefore would asking to withdraw those amendments for the reasons I
those amendments for the reasons I
18:31
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I thank her for the clarifications and the amendments. I do think they strike an appropriate
18:31
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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balance and given the explanations she has given, and as a consequence, I beg to leave to withdraw my
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amendment. Is it your lordships' pleasure that this amendment be withdrawn.
18:32
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The amendment is widely withdrawn. Amendment 63, not move. Amendment
Amendment 63, not move. Amendment 64, moved formally. The question is that amendment 64 be agreed to. As
that amendment 64 be agreed to. As many are of that opinion say, "Content", and of the contrary, "Not
content". The contents have it. Amendment 65, not moved. Amendment
Amendment 65, not moved. Amendment 66, not moved. Amendment 67, moved
66, not moved. Amendment 67, moved formally. The question is that amendment 67 be agreed to.
As many are of that opinion say, "Content",
are of that opinion say, "Content", and of the contrary, "Not content".
and of the contrary, "Not content". The contents have it. We now move to the next group. In clause 27,
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the next group. In clause 27, amendment 68, Lord Shipley. Five Eyes to move amendment 68
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Five Eyes to move amendment 68 and to speak to amendment 69, 70 and 71 -- I RISE. This issue was not
71 -- I RISE. This issue was not raised at committee stage is sufficiently important and again I
sufficiently important and again I thank Citizens Advice for raising it, to be discussed now at report
stage. I should assure the Minister that I don't wish to press these amendments to vote but I hope the Minister might be willing to take
18:33
Lord Shipley (Liberal Democrat)
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away the questions raised in this group, to assess whether further amendments are needed at third
amendments are needed at third reading. The amendments in this
reading. The amendments in this group seek to prevent a landlord from serving a notice under section 8 of the Housing Act eight, to seek
8 of the Housing Act eight, to seek possession of a property where a tenancy deposit has not been
tenancy deposit has not been properly protected, or the relevant statutory requirements in relation to the deposit have not been
to the deposit have not been complied with.
Citizens Advice have
advised me that the tenancy deposit protection scheme will be significantly weakened if it remains
significantly weakened if it remains the case in the bill that landlords will not need to protect tenants
will not need to protect tenants deposits prior to serving notice, and this would be a departure from
and this would be a departure from the current position. So reverting to the requirement that a landlord must be compliant at the point
must be compliant at the point
notice served would give far greater certainty and would avoid wasted court time in cases where a tenant may not have known up into the
may not have known up into the last-minute whether a valid defence existed.
The tenant may believe that
they have an offence because the deposit has been taken and not protected but then find the landlord
protect or return to the deposit to them at very last-minute,
potentially on the morning of the court hearing. This makes it very difficult for tenants to make
informed decisions about defending a
claim. As it stands, the bill says that where a tenancy deposit has been paid, in connection with an
assured tenancy, the court may make an order for possession of that dwellinghouse, left on the assured
tenancy, only if the tenancy deposit
18:35
Amendment:68 Lord Shipley (Liberal Democrat)
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is being held with accordance with an authorised give. With amendment
an authorised give. With amendment 68 it would read "where a tenancy
68 it would read "where a tenancy tenancy has been paid in connection with an assured tenancy no notice of proceedings for possession under
proceedings for possession under section 8 of the Housing Act 88, may be given at a time when the deposit
be given at a time when the deposit is not being held in accordance with
is not being held in accordance with an authorised scheme".
Over 600 clients every month ask Citizens Advice for help with tenancy deposit
Advice for help with tenancy deposit return issues of various kinds.
Things will only worsen if the protections are weakened. I hope the
protections are weakened. I hope the Minister will be able to reassure the House that deposit protection
will be strengthened during the passage of the bill. And that no
passage of the bill. And that no notice of proceedings for possession may be given at a time where the
may be given at a time where the deposit is not being held in accordance with an authorised
18:35
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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scheme. Amendment proposed, in clause 27,
page 42, line 31, leave out from tenancy to being in line 33, and
insert the words as printed in the marshalled list.
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I would like to begin by thanking the noble Lord Lord Shipley for bringing this group of amendments to
bringing this group of amendments to the attention of the House. However, we don't believe that these
we don't believe that these amendments are necessary. Tenants already have clear rights and remedies when it comes to deposit
remedies when it comes to deposit protection. a tenant can easily
protection. a tenant can easily check online to see whether there tenancy has been lodged in a government tenancy protection
18:36
Baroness Scott of Bybrook (Conservative)
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government tenancy protection scheme. If it has not the tenant has right to take the landlord to court.
In such cases, the court may order the landlord to return or protect the deposit and may even award the
tenant three times the value of that deposit as compensation. These are
significant penalties and they serve as a strong incentive for landlords
to comply with the law. Given that eviction proceedings are already
subject to considerable safeguards and restrictions, we are not
convinced that removing section 8 is either proportionate or necessary.
In particular, we must ensure that where a genuine error has been made, and later rectified, especially where there is no actual harm or financial loss to the tenant,
landlords are not barred from recovering possession of their property. To do so would seem unjust
to us, and a more flexible and proportionate approach would promote
better compliance while avoiding unnecessary hardship or deterrence
to good faith landlords. Although we fully understand the intentions
behind these amendments, and I welcome having heard the reasoning
from the noble Lord Lord Shipley, we believe that existing protections for tenants are robust and that
further restrictions of this kind
risk being disproportionate.
18:38
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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My Lords, I am grateful to the
noble Lord Lord Shipley for raising these points and to Citizens Advice
who have discussed them directly
without department. And to the noble Baroness got for her comments. What they have great sympathy with the intention of amendment 68, six and
nine, 70 and 71, " 27 already
ensures that deposits will be protected at the time of the position hearing, which we think is
a more proportionate approach. Landlords have until the court hearing to comply with the rules.
This ensures landlords can still
gain possession on ensuring the
tenants deposit is protection before the tenancy ends. I also note this approach is far stronger than current restrictions which only
prevent the use of section 21 and not section 8 of the deposit is not protected. I believe the noble Lords
approach goes too far. Most notably if a landlord had failed to protect
a deposit within 30 days of receiving it then they would be permanently prevented from serving
notice on any ground for possession except antisocial behaviour.
Let me be clear, such a landlord should have complied with the law, of course they should. But there are
other more proportionate mechanisms available to enforce that compliance. This includes an ability for a court to award tenants up to 3
for a court to award tenants up to 3
times the amount of the deposit if it was not protected properly. In conclusion, the current bill balances tenant protection with the
need for legitimate cases to proceed. I would therefore ask the noble Lord to withdraw his amendment.
amendment.
18:39
Lord Shipley (Liberal Democrat)
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I'm very grateful for the
Minister. Reply. It is the extent of the dates I have had about this
because it is not clear to me still why this bill is weakening the
current safeguards. That is, it
current safeguards. That is, it
isn't clear why a valid defence cannot be assured for a tenant who
is in the position of having to go to court when the court may not be necessary. In other words, they do
not know whether the landlord has
actually managed a tenancy deposit scheme on their behalf correctly.
And it does seem to me that Citizens Advice have produced a strong case
here and it's not clear why the
current safeguards that exist are not actually being continued. I am advised the tenancy deposit
protection scheme will be significantly weakened if it remains
the case the bill that landlords will not need to protect tenants
deposits prior to serving notice. And it is that which is a departure
from the current position. Because that is required to happen, if in
future, simply encourages wastage
course time it seems to me.
So, this
one and the other three. But I do hope that the Minister and the government will look very carefully
at this issue. Because otherwise, I
fear that tenants are not being properly protected in terms of the tenancy deposit scheme. I beg to
leave to withdraw the amendment.
18:41
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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Is it your lordships' pleasure
that this amendment be withdrawn. The amendment is by leave withdrawn.
Amendment 69 to 71. Amendment 72 not
moved. Amendment 73. Baroness Taylor? Moved formally. The question
is that amendment 73 greed two. As many are of that opinion say, "Content", and of the contrary, "Not
content". The contents have it. We now come to the group beginning
amendment 74, Lord Best.
18:42
Lord Best (Crossbench)
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Iritis beat amendment 74, to
18:43
Amendment:74 Lord Best (Crossbench)
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which the noble Baroness Lady Thornhill and to my delight, noble Baroness the Minister, have added
Baroness the Minister, have added their names. I declare my interest as a vice president of the Local
Government Association and the chartered to trading standards. Trading standards officers are going
Trading standards officers are going to be important in the enforcement of key provisions in this bill and
amendment 74 is intended to support their work. I have brought for this amendment at the Bills committee
amendment at the Bills committee stage.
It is intended to extend the matters covered by the special
matters covered by the special primary authority scheme. The scheme
enables local course at local authorities to provide assured advice that property agents can rely
on in seeking to fulfil their obligations. With this amendment,
letting agents and those that advise them, like property market and the property ombudsman, with the able to
property ombudsman, with the able to obtain clear guidance on their responsibilities for meeting regulatory requirements, under the
regulatory requirements, under the tenants fees 2019, an important piece of legislation that has been
piece of legislation that has been left out of this advisory scheme to date Tenant Fees Act this amendment would help trading standard officers
to assure compliance and is beneficial to property agents wanting to do the right thing.
The
amendment was proposed to by the senior manager of the trading
standards team to whom I offer many thanks. I thank noble Lords on the
opposition benches for supporting this amendment at committee stage.
I'm very pleased the government has decided to back this amendment and I'm grateful to the noble Baroness the Minister for adding her name to
this amendment. It may not be the most exciting measure before us but it does represent a most welcome
addition to the bill and will reduce
18:44
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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pressure on overburdened local authority and enforcement teams.
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In schedule two, page 207, line 13, at the end insert the words as
18:44
Baroness Grender (Liberal Democrat)
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printed on the marshalled list.
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I rise to support amendment 74 and the name of the noble Lord Best, noting it is signed by my noble
noting it is signed by my noble friend Lady Thornhill. This is a characteristic amendment from Lord
characteristic amendment from Lord Best who has become the amendment
Best who has become the amendment expert when it comes to housing, capable of spotting small but significant changes that can make a
difference. And we are absolutely delighted that the noble Lady the Minister has also signed the
Minister has also signed the amendment.
We have long supported efforts to raise standards and
efforts to raise standards and professionalism amount managing and property agents. We fully agree with the findings and recommendations of
the findings and recommendations of the 2019 report on the regulatory property agents shared by the noble Lord Best. Is it really six years
Lord Best. Is it really six years since its publication on 18th of this month? And how many of its accommodations have actually been
accommodations have actually been implemented? Either -- its
implemented? Either -- its recommendations.
And still the noble
Lord's amendment go someway to helping trading standard local authorities to work more effectively with those good agents who want to
with those good agents who want to raise standards for all and weed out
the bad guys. Doing so, knowing that the assured advice they receive will be very clear and comprehensive in
ensuring compliance in meeting their
obligations under the Tenant Fees Act and I look forward to hearing
My Lords, My Lords, we My Lords, we are My Lords, we are in My Lords, we are in unanimous agreement.
I also thank Lord Best
agreement. I also thank Lord Best for this amendment and I approve of his technical knowledge and can only
his technical knowledge and can only agree with the noble Baroness. Just occasionally. Thank you.
18:46
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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I hope that the next session of
report stage will go just like that. It would be wonderful. My Lords, I
would like to thank the Noble Lord
74. As Noble Lord has noted, I have added my name to his amendment and IM delighted to do so. The
Government is very pleased to support the amendment. Technical as it is, as the noble Baroness has
said, it will make a real difference, a real positive difference. I am grateful to Lord Best for bringing this forward.
The amendment is a positive step for creating a fair and transparent
rental market with a more streamlined regulatory process. And we want to ensure that letting agent businesses are able to receive
reliable devices on complying with regulations under the fees act 2019.
The amendment will allow for primary authority scheme to be set up for the Tenant Fees Act 2019. That
She would advise issued by the primary authority is recognised by other local authorities and this helps businesses about costs, difficulties, caused by different local authorities interpreting and enforcing the same rules inconsistently.
The primary
authority scheme also promotes
greater cooperation between distances and regulators, fostering a collaborative environment that, ultimately, increases compliance rates, by lowering enforcement costs
and reducing administrative buttons. So, the Government only supports the amendment, recognising its potential
to significantly improve the rental market and I hope the whole house
will support it also.
18:48
Lord Best (Crossbench)
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I am delighted to receive support
from all around the House, deeply grateful of the commonhold and
freehold reform bill on its way
shortly. To provide further opportunities to strengthen the regulatory framework around managing
agents and the work that they do, so agents and the work that they do, so at this stage I beg to move.
18:48
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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The question is that this amendment be agreed to. As many as are of that opinion, say, "Content", Of the contrary, "Not content", The
contents have it. Enclose 33,
18:49
Amendment:g75 Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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amendment 75, Baroness Taylor of
18:49
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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My Lords, I picked it move Government amendment 75 to 85 and 1232125 My Lords, I picked it move Government amendment 75 to 85 and
18:49
Amendment:g75 Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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12321252 clause 33 and schedule six. These regard the mechanism by which private purchase student accommodation on PBS able be
exempted from the issuer tenancy system. They are highly technical in
nature and can be broadly divided into two main groups. Firstly, there are technical amendments to the power and Housing Act, 1988. We will use this power to make secondary
18:49
Amendment:gov.75 Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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legislation exempting providers for the framework by reference to their membership of the code of management
practice. This amendment will allow building managers not just traditional landlords who own the building to be exempted. In the event those managers are members of
the housing management code. These abundance are designed to reflect the diversity of commercial
arrangements in the PBS a sector. Secondly, there are amendments that aim to smooth the transition for the
sector by providing access to a modified ground for landlords of existing PBS air tenancies after the
transition date.
I am grateful to stakeholders from the sector for
working with Government to ensure that these clauses work in the way
that is intended. I will now go briefly through the amendments one by one. Amendment 123 is a consequential amendment that updates
the numbering in paragraph 13 of schedule six. Amendment 124 is not related to PBS a, but rather pre-
existing cross-reference area contained in paragraph 13 of
schedule six. Turning to the first
, the government's intention is to exempt private PBS air from that new
issuer tenancy system in recognition of its unique operating model and the need for alignment with the academic calendar.
We will do this using the delegating power in
paragraph 8 schedule one to the Housing Act 1981 that we are also amending. However, the powers power of the Housing Act will only allow
if you tenancies to be exempt if they fall within the scope. As a
result, tenancies entered into prior to the commencement of the bill will follow outside of the scope of the
exemption, and therefore will be subject to the provisions of the new issuer tenancy system. To apply the exemption retrospectively would
carry significant risk, as it would turn one of the existing PB essay tenancies into what is known as a
common-law tenancy.
For example, a tenancy almost entirely regulated by
what is in the tenancy agreement. This could cause unintended
consequences, such as the PB essay tenancies containing significantly fewer rights for tenants than the
issue at short old tenancies that they will have signed. It will also cause problems for the landlords and
was tenancies in the event that this does not give them forfeit rights. We do not consider this to be the right approach, therefore to simply
exempt pre-existing PB essay tenancies from issuer tenancy status, that said, it is important
that PB essay landlords under these existing PB essay tenancies, can
still access position grounds, in, grand for a full so to ensure the exception operate as intended,
amendment 125 defies ground for a
win looking at pre-existing qualifying student tenancies.
These
are PB essay tenancies. In other words, ensuring this can be used despite those tenancies not usually
being H is, nor does it require the landlord to serve the section 8 notice between 1 June and 30 September. Reflecting the fact that
this reflection does not apply to PB
essay tenancies in the old system nor does it apply to fully accepted tenancies full so this will ensure
that existing PB essay landlords
retained the ability to regain possession at the end of the academic year, and therefore live the tenancy.
This is consistent with the treatment of new PB essay
tenancies established after commencement where they will not be subject to the issuer tenancy framework. Amendment to 75 where they will not be subject to the issuer tenancy framework. Amendment
to 7577, 76 and 78. We are seeking to make the existing exception for
student tenancies more comprehensive. This exemption is
currently set out in paragraph 8 of schedule one to the Housing Act
1988. Amendment 75 therefore amend the exemption to ensure it applies where a landlord is appointed a person to manage the tenancy on
their behalf, or to manage the building and that person is a member
of a recognised student housing management Code of Practice.
Amendment 77, therefore, insert a new subparagraph into paragraph 8.
This will allow for regulations to make the attainment provision on
particular circumstances by reference to a specified building when combined with the specialised
person acting on behalf of the
landlord. Amendment 76 and 78 on amendment 77, ensure new
subparagraph to CA as cross- referenced to wear appropriate in the rest of paragraph 8. Amendments
80, 85, 82, 83 and 81, there is often a delay between a student
tenancy being handed in and eight student tenant actually taking possession.
In light of this, in
paragraph 8 contains exemption to ensure that it tenancy that meets the exemption in the point at which
the tenancy is granted will be exempted permanently essay for particular situations. These situations will include where, at
the time the tenancy was exempt, because that landlord or person acted on their behalf was a member of the Housing Benefit Code of
Practice. However, at the point the tenant expedition, the landlord or the person managing it is the person
of a code, it will also include where, at the time of the grant, that there were regulations in place
under paragraph 8 that did not prevent the tenancy from falling within the exemptions.
At the point
at which the tenant is entitled to a exemption to regulations to prevent the tenancy from being caught by the
exemption. This is achieved by amendment 18, 85, 82, 83 and 81. These amendment are designed not only to ensure the exemption is granted solely to those PBS air
providers who are here to write robust standards but also to guard against any potential for the
exemption to be misapplied or exploited. Amendment 79 is
consequential on amendment 75 and ensures that regulations made elsewhere in paragraph 8 can specify
classes of buildings that are subject to a housing management Code of Practice specified for this
purpose under81 specified for this purpose under81B.
Amendment 84 is consequential of amendment 125 that
provides that a tenants will be
exempt if the person discharging in relation to the building is a member of a specified housing management
code. Amendment 84 defines management functions to include
18:56
Deputy Lord Speaker. Baroness Watkins of Tavistock (Crossbench)
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services, repairs, maintenance improvements and improvements of the building. My Lords, I beg to move. Amendment proposed, enclose 33
page 49 line 3. Leave out from the beginning to is in line for and
18:56
Baroness Scott of Bybrook (Conservative)
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beginning to is in line for and insert that words as printed on the Marshall list.
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My Lords, I would like to gain by
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My Lords, I would like to gain by thanking the noble Baroness the Minister for Exports clearly setting out the government's amendments relating to purpose-built student
relating to purpose-built student accommodation PBS is. I am also grateful to her for taking the time
grateful to her for taking the time to meet me and my Noble Friend ahead of the report stage to discuss this
of the report stage to discuss this matter in detail. Is that minister
were student accommodation is a matter of considerable importance to many of us.
Indeed, an area of
many of us. Indeed, an area of particular concern in this bill. Ensuring that we have sufficient student accommodation of the right
student accommodation of the right type, available in the right places, and not operating with the academic
and not operating with the academic calendar is vital. This is not simply a matter of logistics, but
one of availability and affordability. And adequate supply of accommodation helps to keep rent manageable which is especially
manageable which is especially important for students from less advantaged backgrounds.
This is why
advantaged backgrounds. This is why we raised concerns around clause 4A, particularly with regard to the
particularly with regard to the importance of preserving the cyclical nature of student tenancies. The cyclical model is central to the viability of purpose-built student accommodation and indeed to maintaining
affordability for students. We therefore welcome the government's amendments in this area that rightly
acknowledge the unique nature and operation of the PB essay. In
particular, I am very grateful for the clarification offered in subparagraph to which states that
the tenancy of student accommodation
will not be considered an assured tenancy if the person acting on behalf of the landlord is a member of a housing management Code of
Practice.
However, I would be grateful for further clarification.
Could the Minister confirm whether this provision refers specifically
to recognised codes such as AR new K or unit pull that unipolar code or
whether it includes other housing management codes and practice as
well. It would be helpful if the Government could set out explicitly
which codes are deemed applicable under this provision. Furthermore, in the case of newly established accommodation, how would providers
be expected to demonstrate adherence to an accepted code? Specifically
for the purpose of continuing to provide fixed term tenancies.
I am
sure the noble Baroness agrees that providers must have and maintain an
up-to-date understanding of their obligations. With that in mind, when does the Minister intend to update
the relevant guidance? Particularly regarding the practical steps that
PBS is will need to take to ensure
that they can continue offering fixed tenancies. The relevant codes
of practice are indeed based around
a specific character as a student accommodation, covering matters such as health and safety, maintenance, and the management of relationships between providers and their tenants.
In light of the changes introduced by the bill. Does the Minister have
any plans to review or amend those codes? And, if so, how will such changes be communicated to those
operating in the sector? And finally, does the Minister agree
that one of the key benefits of code membership is the ability to provide student accommodation outside the
assured tenancy framework? If
flexibility that underpins the viability of the sector. My Lords, I hope that the Minister will continue
to keep up review of the impact of this bill on students.
And to consider carefully any future
changes that could make it harder for students to secure suitable
accommodation. My Lords, students must be at the forefront of our considerations. Not only in
considerations. Not only in
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I thank her for those comments. I will attempt to answer her
will attempt to answer her questions. I may have to come back
about the point amending the quotes. Pre-existing will continue to
Pre-existing will continue to benefit. For nearly signed telescopic actions will be provided through the housing management code
through the housing management code of practice approved under section 233 of the Housing Act 2004. These
codes set out clear and robust standards and compliance with the codes is a condition for exemption.
codes is a condition for exemption. In respect of the approved codes,
the approved IN UK and unipolar codes have mechanisms in place including regular audits, complaint
including regular audits, complaint processes and extension conclusion for non-compliance and that is why they are important codes we focused on in this regard. Landlords must maintain membership and demonstrate
maintain membership and demonstrate adherence to the code standards, if they fail to do so they will lose the exemption so that's very
the exemption so that's very important and if they lose their
important and if they lose their coach membership may tenancy they
will no longer be entitled to rely on the exemption for any new tenancies, however existing tenancies will continue under the terms otherwise that wouldn't be fair to the students concerned.
I
hope that the noble Baroness's questions. I would like to thank everyone for their contributions to
this debate. We debate other issues around student accommodation extensively on the previous day of
report. I hope the whole house will agree these amendments will ensure
that this PBS exemption works effectively and is intended and I hope the whole house will support them. them.
19:02
Deputy Lord Speaker. Baroness Pitkeathley (Labour)
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The question is that amendment 75
through to 85 be agreed to en bloc. As many are of that opinion say, "Content", and of the contrary, "Not
"Content", and of the contrary, "Not
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Adjournment.
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Adjournment. Could I move that the report be adjourned.
**** Possible New Speaker ****
The question is that further consideration and report be adjourned. As many are of that opinion say, "Content", and of the contrary, "Not content". The
19:04
Statement: Giving every child the best start in life
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contrary, "Not content". The contents have it. We move now to repeated statement made in the House
repeated statement made in the House of Commons today, giving every child
of Commons today, giving every child My Lords, with permission I will now
My Lords, with permission I will now make a statement to update the House on this government's vital work to
change our country for good by giving every child the best start in life.
19:04
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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**** Possible New Speaker ****
My focus today is firmly on our youngest children but the impact will be much broader. This
will be much broader. This government is building a stronger, fairer society and will lay the
foundations in the earliest years of our children's lives. And because we are determined to tackle the root
causes of problems, not just the
symptoms, we begin at the start. The inequalities that stay in our country, the way in which opportunities heaped on Sam but
hidden from others.
Those disparities don't spring up in adulthood, our babies are born to an unequal world and the inequality
grows with them. Right from those
very first days when we carrying them home from hospital. Those very differences in the support their
families can get, in the early education and childcare their parents can access, and the opportunities they have to start exploring. These are the
differences, these and many more is, that we all know take hold early on.
The winds of fortune fair already on the first day of school.
A gale at
the backs of some, a blizzard in the face of others. These are the differences that means some children
arrive in the classroom not yet ready to learn. These are the differences that mean while two thirds of children reach a good
level of development age 5, a don't. These are the differences that fuel
the injustice that half of our children on free school meals miss
that milestone. A Labour government will not tolerate our children being failed like this. Within months of
taking office we set out our ambition in our Plan for Change, for
our record share of children reaching a good level of development by the age of five.
Because it
matters so much for those young lives. But it goes further, it sets the tone. 40% of the disadvantage At
the age of 16 is already there at
age 5. Next month we know that many young people across our country will
pick up their exam results. Some will do well, but sadly some others
will be disappointed. And those results day stories of smiles and
frowns, though stories for our young people, those stories begin to be written in the first years of their
lives.
So if we want to build an education system where every child
can achieve and thrive, if we want to grow a society where the opportunity to get on is open to all, if we want to deliver the change this country so desperately needs, we have to focus on the early
years, we have to give every child the best start in life. That is where my priority as Secretary of
State lies and why just 12 months after entering government I am proud to be here today to set out our best
start in my strategy which we are determined will change this country for good.
Giving every child the
best start in life begins with families. Becoming a parent or carer
is full of joy and wonder. But it can sometimes be hard and it can
feel isolating to. So parents and carers need-to-know that they can
tap into a community of support. They need to know they are not alone, but we are falling short. One
in four families with children under five struggle to get trusted advice must offer families on low incomes
it's one in three.
And it wasn't always like this. There was a time
when the government cared deeply about children's development. Members across this House will know
about., About the quiet revolution is in the lives of our children Sure
Start. Sure Start was one of the proudest achievements of that Labour
government and I am proud today to build on its legacy. Because we
remember all the good did for our children, for our communities, and
for our country. Sure Start raised exam results and reduced
hospitalisations.
It improved early identification. It boosted physical
health. It boosted mental health. It reached disadvantage families and made a difference to their lives.
Sure Start was a triumph but of course it wasn't perfect. But then,
no programme ever is. But it worked. In so many ways, and for simony families. But never more so than
when it stuck to its principles, when it brought together the excellent services that parents
need. At the heart of its success were the children's centres. One-
stop shops where families knew where they could go for help.
A comforting, and consistent offer of
support, all in one place. There are
many ways in which 14 years of Conservative government damaged our country and society. But the vandalism they inflicted on the
lives of our youngest children, tearing the services out of communities, deepening inequalities,
abandoning families, they should
never be forgotten. And today, this government will write that terrible wrong and restore hope to families.
Our best start service will honour the proud legacy of Sure Start.
Today's Labour government stands on the shoulders of those which went before.
But to look forward to the
better future our children deserve, not back to the past. That's how we
will deliver for a new generation of families. Will introduce a new start family service, lived through best
start Family Hubs. The first step to a national family service that
ensures they can easily get the right support for their children
from conception to age 5, giving
parents the freedom to focus on loving their children. And today, as we announced the National year of reading for 2026, we want to give
parents more time to read with their children.
To grow a love of learning
that starts in the home and flows
-- best start hubs will be open to all. They will work with nurseries,
childminders, schools, health services, libraries and local
voluntary groups. A community coming together around one goal, to give children the best possible start in
life. And our best art digital service means we are ready for the
future. Linking families to their local best start Family Hubs and
exploring how the power of AI can help parents to find the best information.
And will make early
education and care more affordable and easier to access. From the day this government won the backing of
the British people, we have set about delivering the entitlement of 30 hours of government funded
childcare a week working families. Backed by funding reaching £9
billion next year. Last July, we inherited a pledge without a plan.
But this government is delivering on our promise to parents. I know how
much that matters, but promises made promises. To the future of our
country, and to that trust between families and the government.
The
trust of cold a Chaco no longer
pressing parents out of jobs they love, is the dose and freedoms to
work the hours they want at an average of £7500 a year back in their pockets. I want to thank all those who are working with us to
drive that change. From private to school-based nurseries, group based
providers to childminders, dedicated professionals and early years
educators transforming life chances. And with almost £370 million
provided by the Chancellor, at the Spending Review, we are building and expanding all nurseries in primary
schools.
With the first of the 6,000 extra places from September this
year. Soon enough, 80% of childcare in this country will be government
backed. The message is clear. This Labour government is on the side of
families. The Labour Party is the party of the family. But it also means that childcare must be better
linked to educational priorities,
better geared to closing attainment gaps, better focused on all of our
children's succeeding at school. Our early years educators are too often the hidden heroes of our communities, it's time we backed
them.
We will raise the status of our workforce. The new professional minister, because working in early years is just that, a profession. More high quality training for
staff. Guided by a golden thread of
the best evidence. And we will train more early years teachers because we
know the difference they make to our young ones. Under stronger practice
hubs will double in number. And offer new financial incentives to attract and keep great early years teachers in nurseries that serve the
most disadvantaged communities.
Every child deserves a great
education and a great early start in life. And that includes children
life. And that includes children
with SEN D. Early intervention can work wonders to lower barriers to learning so under this government, inclusive practice will become standard practice. This government
is driving a decade of national renewal. But there can be no decade
of renewal for our country without a
decade of renewal for our children. And this is urgent. Because children only get one chance.
If
opportunities are missed, if parents don't get what they need, if the
greatness were down the road hasn't been built yet, that's it, there's no going back. For 14 years, children's lives marched on as
services were ripped away. I won't stand by and watch as more and more children are let down. Through this
strategy, I'm bringing change.
Change for all of our families, change for all of our community is,
but above all, change for our children. It's for them as strategy was written.
It's for them we will
see it through. To each and every child from the first day in this world, the Best Start in life. I
world, the Best Start in life. I
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commend this statement to the House. I'd like to thank the noble Baroness the Minister for repeating
19:14
Baroness Barran (Conservative)
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the statement made by her right honourable friend earlier today and
of course, we welcome the government's focus on early intervention and support for children in the early years before
they go to school. And clearly, some key elements of the government
strategy formed part of the previous Conservative government's approach
including major expansion of free childcare and the development of
Family Hubs. That's why, and I appreciate the tone in the other
place is a bit different, but I don't know whether she felt uncomfortable or not at the tone of
the statement, but I thought Gerrard slightly.
And this is an area where
long-term policy is hugely important
The continuity is important. And it was Ronald Reagan who said, there's nothing you can't achieve if you
We also acknowledge the Government plans to go further, and if they are
successful, we improve the staff so that many children would have a better life and that is something
that we want to see across all benches in this House. So, my questions will focus on some of the detail and aim to get clarity from
the Government on how their plans deliver on the ambition.
The
strategy document talks about Best Start Family Hubs in every local
authority and the Noble Lady talked
about her pride in the shoe start
children's centres, but we are not clear with that they will be actually a physical location in every local authority or how they
will differ from the current family hubs and start teams. And obviously
one of the key ingredients supported by the evidence that the Noble Lady,
rightly, referenced, as a driver in the government's approach, is that
they offer support to a much wider range range of children because
despite the joy that the Noble Lady referred to at bringing home one's child mixed with a little fear from
the hospital, that joy mixed with a
little fear, in my experience, can
continue for some time.
It would be good to know what would happen to the support that was offered to
older children, including those in care, under the government's new
plans. Could the Noble Lady also just set out for the House briefly
how the additional expenditure will
work. How will the £500 million annually, I think, that the Government has talked about, how
much will go to family hubs and how much will go to the other activities the Government has referenced? And
how much, roughly, will each local authority receive? Can she, I
thought one of her amendments on the
pledge without a plant line was about the family hubs.
There are currently 641. I do not think it is
a pledge. I think it is actually hubs on the ground. I am assuming
that they will continue within Governments 1,000 target, so perhaps you can confirm that, and that there
will be 360 361s. We also welcome in the plan the image of build stronger links between nurseries and
reception classes, but I not clear what the Government or how the
Government intends to recruit additional teachers for early years
settings, outside of the disadvantaged communities where there is going to be an additional
payment to work there.
So, how many teachers does the Government plan to recruit and will this have any impact on the government's target
for 6 1/2 thousand more expert teachers in our now secondary
schools only and colleges? And the Government also published the best
start in life goals. Can the Noble Lady say anything about what the
government's vision is for how
screens will be used for very young children if she is aware from our
work in the Children's Wellbeing and Schools Bill that the real concerns are the introduction and the
presence of screens in very young children's lives.
I wondered whether she could confirm that screens will
not be used as part of delivering on
those goals. And can she also clarify the government's plans for SEND support in early years
settings? Again, this is obviously a
merger workforce challenge. The noble Baroness the Minister knows that there are two elephants in the
chamber. If they would both fit. The first is, perhaps, a slightly
smaller but still quite large elephant which is the impact of the
National Insurance contribution on the financial stability of our
nursery providers.
The government's decision to, in relation to national insurance, leave nurseries up and
down the country close to the brink financially with 95% being forced to
increase childcare and one in 10
facing closure. And how they can address the fragility of nursery
providers. And the largest elephant
is the future of education Health and Care Act plans and in-house we
recognise the need for reform of the system for parents that are worried and they need clarity. The noble
Baroness talked about some promises in Governments keeping their word,
so can she confirm what the government's intentions are in
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relation to this? First of all, thank you for the
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First of all, thank you for the statement. We welcome any measures
statement. We welcome any measures
to tackle child and improved earlier support. The family received. Early
years has, for so long, been thought of as an add on, and absolutely the
of as an add on, and absolutely the most crucial part of education, early years identification of
early years identification of problems or issues and early support
problems or issues and early support for those problems.
The ambitious aims must be matched to the
aims must be matched to the sufficient funding to ensure the
sufficient funding to ensure the effective implementation. Initial funding for earlier specialists is welcome but with schools currently
welcome but with schools currently finding efficiency savings, a mention was made about the national
mention was made about the national
insurance rises. And there is a real risk that investment will simply
paper over the cracks rather than deliver lasting improvements. And
the earlier system, many will continue to meet demand retain
experienced staff.
My colleague in
The Other Place told that they have campaigned tirelessly following the
heartbreaking death of one that lost their lives in the nursery and failed to find correct procedures. So, we welcome the announcement that OFSTED inspections will become more
frequent in early years settings. An
nurseries. Giving children that best start in life also means giving parents the fix ability and support to make the right decisions for themselves and their childcare
arrangements. Currently, low rates of statutory, maternity, and paternity pay are not high enough to
give the parents aerial choice.
While the UK statutory maternity
leave lacks behind far more advanced
economies. High quality early years education is the best possible investment in the future and the
most effective way of narrowing the gap between rich and poor children. As we have heard from the Baroness
LEA early years allowance reported one third of providers are at risk
of permanent closure next year and
for attempts if they would reduce the number of places for three and four-year-olds. Early years
19:25
Lord Storey (Liberal Democrat)
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education is so important it needs to have high quality provision with
to have high quality provision with well-trained staff and to see a career strategy training and all
career strategy training and all staff having worked together for an early years qualification.
early years qualification. Childminders are invaluable part of the early jazz system. With the Minister consider replacing the
three different current registration processes with a single childcare
processes with a single childcare register? Given the staffing crisis in early years education, what
in early years education, what assurance cant that Minister offered that will be sufficiently qualified
that will be sufficiently qualified professionals to staff on thousand
professionals to staff on thousand hubs by 2028? Family hubs will make a real difference to Children and
a real difference to Children and Families Act.
The investment to take the total number as we have had to
the total number as we have had to rent 1,000 x 20 28, and be supported as we have heard by the new digital family hub to be supported by the
family hub to be supported by the National Health Service. But does the Minister think that we need to
the Minister think that we need to consider measures to ensure that most disadvantaged families actually access the services offered by these
hubs?
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Can I thank the noble Lords for their response and welcome to the
their response and welcome to the
their response and welcome to the statement. And I assure the noble Baroness Lady Barran I did not feel uncomfortable at all. It took me
19:25
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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uncomfortable at all. It took me back and I have to say, nevertheless, the challenge and the contrast bite my right honourable
friend the secretary of state setting out in The Other Place was
wholly fair. On the issue of family hubs and the question of funding, on
the point about family hubs the difference that this is making is a
tripling of investment in those hubs
over the Spending Review.. So, whilst currently over 138 have
access to the funding to support
that now tripling of investment will ensure that all local authorities
will be able to develop the best start family hubs and of course
alongside that as well as I suggested in the statement developing that further through the
digital offer and the access for
parents and the information and I agree with the Noble Lady here mostly from the very earliest
stages, not only of their children
being alive but also of pregnancy in order to be able to support them.
Children's hopes will be able to
continue. Although there is a focus
on the statement on the very early ages of children because that is the right place to start to make a difference, children's hopes will
still be able to respond to children
and I think she identified some of the areas where we would expect that
support to continue to be. On the
early years entitlement, where the noble Lords of asked about funding
could I be clear that in delivering
that 30 hours entitlement for the
sector will be providing £8 billion for that funding entitlement as well as delivering a 45% uplift in the
early years pupil premium.
And providing £75 million for the early
years expansion grant to help to provide to meet them and their local
demand, so we have responded to concerns around funding in the way that we have increased that
investment. It frays pledge without
investment. It frays pledge without
a plan related to the early as entitlement and the Noble Lady is right, it was announced by a previous Government and did not have
the funding allocated to it to enable it to be delivered to it and
it is the hard work of the sector that they have been willing to put
into it to meet that entitlement this September.
However, the noble
Lords are right, because without
sufficient recruitment we cannot deliver that, that is why we have,
as I have outlined in the statement outlined in the strategy, we will be investing in the recruitment of
early years workers through the foreign have thousand pound
financial incentive for workers in the most disadvantaged areas but
across the system by improved training for early years workers
and, of course, through that focus through the develop movement of a register to recognise the
professional status of those that work with our youngest children and I think those would be the ways that
we can welcome and attract more people into the sector, along with
our do something big recruitment
campaign and the emphasis we are
putting on supporting better practice a range of areas for early years practitioners.
Both the Noble
Lady and that Lord Storey are rightly raised the issue of early
years provision and, with respect to the early years, we know the crucial
importance of children's earliest years and they can, of course, make a really important difference, both
to children's development health and
life chances and also to identify any special educational needs at the early stages that the child might have and that is why the funding
training for up to 1,000 early years special educational needs
coordinator's in 2025/26 targeted at settings in the most disadvantaged
areas and last year we launched free online child development training to support early years educators working with children with individual needs and develop mental
differences and we continue to fund the community sector partners, supporting family hubs delivery of
services and home learning and earlier special educational needs
and disabilities and this includes funding in the early years SEND partnership for the 2025 /26
The noble Lady also asked about the concern around the continuation of
education health and care plans.
We
often in this chamber talk about the parlous state of this country's special educational needs and
disability system. The struggle parents face to get the support that
they need for their children, and the length of time that it takes to
get education health and care plans,
and the lack of trust that parents now have in that system. All of those things, we are determined to
rectify. To clarify, there will
always be a legal right to the support with SEND needs and we will protected but this government is prepared to grasp the nettle and
reform broken system that the, that
noble Lords opposite resided over, and that they themselves of course
have described as a lose lose lose system.
We will ensure every child
in this country gets the opportunity to achieve and thrive at school and get on in life and we will do that
by bringing forward early identification and inclusion of all
children while safeguarding the support that those with Special Educational Needs and Disabilities
need. In relation to the point raised by the noble Lords story
about the tragic case of GGR, I very much commend her parents for the
campaign that they have done. They had the opportunity to meet with my
honourable friend the Minister for, for early years, Stephen Morgan.
--
GGI. As noble Lord said, the
improvements in OFSTED inspection of early years provision I think I important here, with a commitment
that within 18 months of early years
setting being registered, it will receive an inspection, and reduction in the length of time between
inspections from six years to 4
years. I think we will see better inspection, therefore better cut ability, and with the investment this government is putting in,
better results as well.
better results as well.
Could you write to me about the point almost about childminders registration and ensuring that we get disadvantaged children to use the facilities.
that.
19:34
Viscount Stansgate (Labour)
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I welcome the statement and I positively wanted to declare an
interest. Two weeks ago, my first granddaughter was born. And since then I have spent many hours holding
her and talking to her and I couldn't agree more with my noble friend when she talks about the
importance of early years and early years education., Asked my noble friend what timetable she has in
mind for raising the status of early careers educators. As for example
she have a deadline in mind the adoption of the professional register?
19:34
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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Can I start by congratulating my noble friend. On his grandfatherly
duties. He of course makes an
important point about the contribution that parents and needs grandparents can make to children's
earliest development and that is why, as part of the best art Family
Hubs, -- START Family Hubs,
supporting them to read with their children and grandchildren, helping
them with behaviour issues which I'm sure my noble friend's grandchild definitely won't have. All of these
things are very helpful.
I will move as quickly as possible on the action
as quickly as possible on the action
to improve the recruitment of early
years work. Both of which denies the urgency to ensure we have the right
19:36
Baroness Boycott (Crossbench)
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people in place to deliver the quality of care and education that
our youngest children deserve.
our youngest children deserve. And like the noble Lord I have also become a grandparent recently but I'm very struck with the difference from when I had my daughter which is
from when I had my daughter which is now 41 years ago, that I got three nights in hospital and secondly that
nights in hospital and secondly that moment I got back, the health visitor was on the door.
I didn't have to ask for her, she was there. She came to 3 times a week for what
She came to 3 times a week for what seemed like a year. She was
wonderful. My daughter had twins. They went to term, they would rally small, the moment little ones could survive without the heated blanket,
we were out. No health visitor turned up. Finally wondered, there
was little help with breastfeeding. And that's the thing I want to ask
And that's the thing I want to ask about, do you have to, and we have to go into search for the health or will it come to you? Because I ended
will it come to you? Because I ended up with my daughter getting people on the phone, there was a lot of panic.
People are scared when they have little ones around. Everything
have little ones around. Everything I have heard is simply amazing but it kind of misses that first crucial week or two when you are back home
with your bundle of joy.
19:36
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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The noble Lady is right, the
healthcare and support families
receive through the thousand and one critical days from conception to age 2 and beyond can have a lifelong
impact and that is why our colleagues in the Department of Health and social care are also
focusing on ensuring every child has the best possible start, including
improving maternity care, strengthening health visiting services, increasing access to vaccinations and taking steps to
reduce tooth decay in children. And as the noble Lady says,
strengthening the health visiting services I think is physically map
to clean important for those bringing home their bundles of joy
-- particularly important.
19:37
Lord Jamieson (Conservative)
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Canada care and a counsellor in central Bedfordshire., Also welcome the statement. We recognise how important it is to support families
in the early starts of life. The noble Baroness the Minister made
reference to Sure Start. I became a council leader and I had to deal with Sure Start which was great
because we had this shiny new building but they lacked long-term funding which put councils in a very difficult position when that funding
ran out after three years. The
second point I discovered, was they did not integrate with other services such as school, health and
support services.
Somebody else
When we took the overreaction started doing more of that and took them out of some of their shiny
buildings and put them in places where they were much more accessible. Given what the government is now proposing, and given that real-time cuts government is making to local council funding
that they give it, can -- bonus the Minister assure the House there will
be long-term funding for this going
into the future? And also can she assure the House that they will
enable local councils and local partners to have the facts of the T2 tailored to their local area and its
needs to deliver for their communities.
As noble friend Baroness Barran says, building the previous government was not good
work with Family Hubs and look at
the wider age range. I don't want to been a situation where you have a
newborn baby and you can ring that along to the hub but you can't bring your three-year-old a five-year-old which actually stops you going to the heart.
19:39
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I'm sorry the noble Lord 's experience was that Sure Start
funding was not guaranteed over a long enough period of time. It wasn't guaranteed after 2010, that was the problem in the last 14
years. But to take up his point
about how you ensure that these are centres that bring together a whole range of services, we are
range of services, we are
establishing these BESS -- best best art Family Hubs. It is important we bring together parenting, healthcare
and education support services to ensure all babies, children and families have access to both early intervention and also the support
they need throughout the children's
lives and alongside that, professionals from not only health and education but also working with
nurseries, childminders, and local
voluntary and community groups,
connected to other local services like relationship support, housing and job support.
It's by bringing those services together in an easily
accessible way, either in a physical building or of course through the development of the digital access to
development of the digital access to
best -- Best Start advice. It is by doing that that we believe our expansion could reach an estimated
half a million children. half a million children.
19:41
Lord Addington (Liberal Democrat)
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It is good to have the whole thing read out. Trying to bring
together as mentioned on page 4 and six of this, your talking about
parents reading to children, you have spoken about how such good advantages if you deal with the right things. We then talk about
SEN. To go back to a nurse in my
case, I'm dyslexic, 70% of dyslexia in the countries and identified. It
tends to be a downward spiral affecting your income and your earnings.
What are we doing to make
sure libraries and assistive technologies used to get children used to the idea that books are good
things? Because you can't rely on all parents doing this .To for
instance make sure that libraries are available, and that they have
use of access to the new technology? I had better remind the House I and
chairman of Micro link plc, and assisted tech company. assisted tech company.
19:42
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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As well as the announcements we
have made around the Best Start service which LinkedIn for example
to libraries and other important local facilities, of course we were also able to announce that 26 will
be the National year of reading. There will be a whole range of
activities linking with local libraries but being led by the
National Literacy Trust to encourage more reading both at a very early
age and with the focus on children who might not otherwise be able to access reading.
He put that
alongside what about in terms of the additional support we are providing
to early years workers, and training on identifying special educational
needs, it becomes much more likely, and the stronger actors hubs that
help with advice about how to support children perhaps with
particular needs and help to develop reading and maths understanding, for
example, that begins to be a strong package to ensure we are both
picking up children with particular needs around reading and we are also
promoting a love of reading amongst all children and their parents.
19:43
Baroness Blower (Labour)
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There is so much to welcome in the statement and I thank her for
repeating it. I was going to ask about reading for pleasure but she has responded to that so brilliantly
that I do not need to. I would in particular like to welcome the raising of the status of the workforce. And to say that I think
that the presumption of inclusion is
an absolutely excellent departure. It does of course mean that we have to be very clear that all of these
things need to be funded and that we need to have ongoing training and that one off training for people
will not cut it.
If we are going to have the expectation of inclusion we
need that to be part of everyone's training all through. I'm delighted to hear what she said about reading for pleasure.
19:44
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I think she is right in terms of the investment in special
educational needs and disabilities, in particular, which is why I know she will recognise the billion pounds additional into high needs
funding that this government has invested already. The £740 million worth of capital that is going into creating extra spaces, particularly
in mainstream schools for inclusive resource centre type provision that
enables children to remain in mainstream schools and investment in
more training for teachers.
19:45
Lord Weir of Ballyholme (Democratic Unionist Party)
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I welcome the statement by the government, and the government is
right to identify education as being
a great life changer for many young people. It's right to place emphasis on the power of development through
reading and also it is right to focus very much on early intervention, and it's often the
case, which is sometimes the
government can be reduction, the dividends may be a decade by down
the line but it's another reason to ensure it does happen.
It is often
the case that many of the children who are in greatest need of that early intervention may welcome from
families that are disengaged with formal education, sometimes perhaps
because of parental bad experience with formal education themselves, families that may be disengaged from society as a whole or from their
society as a whole or from their
local unity or maybe disengaged from involvement with government agencies. So could I ask the Minister to outline what is the government strategy to ensure that
what might be described as hard to reach children are also able to benefit from that early
intervention, and that they find, they do not find they are child that
19:46
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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We have, of course, as I was suggesting, in some of the
initiatives, focused first of all on ensuring that in the most disadvantaged areas, for example the additional financial incentive for
early as educators, that will start in those most disadvantaged areas to make sure the areas where children most need support in the areas where we can ensure we are improving and
increasing the numbers of teachers
who can teach their, and, of course,
lots of children will benefit from evidence-based interventions to
support early maths, literacy, and language skills, and, from next year, will provide additional funding to extend early years pupil premium in areas most in need,
ensuring that children most at need of falling behind receive high
quality evidence informed support.
19:47
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With that noble Baroness the
question on screens, new research shows that gaming addiction and
smart phone overuse is starting frighteningly much earlier than previously thought. In fact, in primary schools rather than
primary schools rather than teenagers, so does that noble Baroness the Minister agree with the cross-party amendments to ban
cross-party amendments to ban unnecessary screens and smart phones in every year of schools, primary and secondary?
19:47
The Earl of Effingham (Conservative)
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We did have a lengthy debate
about this in the Committee stage of the Children's Wellbeing and Schools Bill. And I certainly agree with the
Bill. And I certainly agree with the noble Lords that supporting parents
to be able, for example, to read
with their children rather than simply give them screens to look at, which, of course, is part of this initiative, finding ways to help
initiative, finding ways to help parents to understand the impacts of screen time which we talked about in
screen time which we talked about in considering those amendments is important.
And I did, I think, at
important. And I did, I think, at the time that we had that debate undertake to ensure that we did continue the work we are doing and
gathering the evidence around the impact of screen time and making impact of screen time and making sure that we are providing strong positive alternatives both for children and support for parents.
19:48
Baroness Bousted (Labour)
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I would like to thank the Noble
Lady the Minister for the statement
which I really did welcome. And this
it seems to me is building on the legacy of sure start. And I noticed that she made, it is really very
telling, research, from 2016, the
40% gap 60 is created before children start school, so the demise
of sure start in this statement was absolutely devastating, particularly for the poorest children. Actually,
that degree of disadvantage makes it much more difficult for teachers.
But sure start was an universal entitlement. Is she suggesting that Best Start will start or develop
into a more invisible entitlement for all parents and for their youngest children?
19:49
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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While Mike Noble Friend makes a very important point which is, of
course, we have seen the Institute evidence for the long-term impact of sure start which is what makes the
gap in the last 14 years so distressing. That is why this
Government is committed to building
on US start to developing the start family hubs to providing over the course of this spending review
period a tripling of the investment in them and to making sure that
in them and to making sure that
every local authority, not just the NTA who currently receive funding, but every local authority has access to funding to develop that sort of
provision.
provision.
19:50
Baroness Lister of Burtersett (Labour)
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One of sure start great strengths was the way that parents so as to boost their agency and self
confidence and ownership and projects, the report refers to
coproduction by local authorities, could my Noble Friend see more about
that and whether the Government will emphasise the need for efforts to be made to ensure that parents in marginalised groups, including those marginalised groups, including those in poverty, are actively involved.
19:51
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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My Noble Friend is absolutely
right. The best start centres will
involve local communities, parents, and will emphasise, as she does,
that the voices of those parents who most need to be able to access those services and there will be a strong
services and there will be a strong
sage to local authorities, but that codeveloper should be an important part of the way that they table this.
19:51
Lord Sentamu (Crossbench)
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I too would welcome this statement, a wonderful statement. An
Ministers opening remarks again in the interest to grandchildren and
one in Birmingham. This is also from the report published in good faith in the city and the problems than
were really residents facing social
decline, poor housing, unemployment
and property, educational provision, and the call because both judgement
and doing this, sure start was an inspired vision, and I, for one,
want to say whatever it was, it
worked.
In order that children are not failed from when they begin, are
you going to take on the great endurance is to aligning their well-being which we see particularly
in the inner cities? in the inner cities?
19:52
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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Yes, the Noble Lord rightly says
that whilst this is really important progress and will have a broad range of partners, there are, of course,
other issues, whether or not that is child, lack of housing which this Government is also, absolutely
committed to addressing.
19:53
Baroness Eaton (Conservative)
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Sorry. Thank you. My question,
really, follows on from Baroness
Lister. So many children when they
arrive at reception school are unprepared for being in school. And
that, really, is a parenting problem as much as anything. How do we get reluctant parents to actually accept
the work of dissenters? And how do they become involved? What
incentives will be have to get those kind of reluctant parents to take on
kind of reluctant parents to take on the responsibility and have helped that they can so regularly get.
19:53
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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With the children at the moment arriving with the lack of develop man to succeed and that is exactly why families have an important role
to play in the development and this will be an important part of the services. services.
19:53
Baroness Thornton (Labour)
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Very quickly, at the moment, family hubs provide language support for parents for up to two years to the home learning scheme, so will
the Government consider ensuring
that policy covers children from both because a great deal of good can be done, as many noble Lords have had, for children's language development from the earliest
possible time.
19:54
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I see it is certainly a very important part of what we would hope
to deliver, both in Best Start hubs and also in early years as we improve the ability and the provision there to ensure that
children have the language skills that they need from the earliest possible time. And I will certainly
pass on my noble friend's exhortation is about that to the
**** Possible New Speaker ****
team developing this. My Lords, I beg to move that the House do now adjourn.
House do now adjourn.
20:01
Oral questions: Number of mothers with babies in prison and alternative sentence arrangements for child care Lord Lemos (Labour)
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20:01
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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20:01
Oral questions: Number of mothers with babies in prison and alternative sentence arrangements for child care Lord Lemos (Labour)
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20:15
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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20:23
Oral questions: Number of mothers with babies in prison and alternative sentence arrangements for child care Lord Lemos (Labour)
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20:23
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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20:26
Oral questions: Number of mothers with babies in prison and alternative sentence arrangements for child care Lord Lemos (Labour)
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20:26
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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This debate has concluded