Non-Domestic Rating (Lists) (No. 2) Bill

Baroness Andrews Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 18th January 2021 Lords Chamber

[Baroness Andrews (Lab) [V]]

My Lords, I want to focus my remarks on the Non-Domestic Rating (Public Lavatories) Bill. I was unable to speak on this Bill when it was first introduced—what seems like a lifetime ago—and I welcome it now with a particular interest.

In 2008, when I was standing where the Minister is now, I was pleased to introduce the then first-ever guidance on public lavatories, designed to prevent further closures, improve access and quality and, in general, to make the point that public lavatories should not be a national joke—let alone a national disgrace—but a local asset, which local people can rely on and take as much pride in as any other local provision. The case made then is the same as made now eloquently by the Minister: that everyone of all ages and conditions should be able to count as of right and dignity on there being a decent public loo accessible. We wanted to expand access and encouraged private partners in retail to consider how they could make their loos more accessible. As the Minister has reflected, a great deal of good practice has been inspired at local level: for example, by encouraging the use of S106 to build more loos and in notable innovations and changes.

However, that was not a national strategy, which was at that time beyond my reach. Sadly, however welcome, neither is this Bill a national strategy. That alone would ensure that there were minimum mandatory standards of access, provision and quality tailored for special needs, particularly those of the elderly and disabled, and the many people who suffer from medical conditions and require frequent access. This is therefore a reactive Bill; it is long overdue and reflects decades of pressure from the British Toilet Association. It has worked with successive Governments to achieve it and we should be very grateful to it, but I think it would agree that a national strategy would be welcome now.

The statistics suggest that in the last decade almost 700 loos have been closed, accelerated, I have no doubt, by the vast cuts in local authority spending. In addition to the loss of public lavatories, we also need to face—as sadly the Bill does not—the degraded and frankly disgusting nature of so many of them. Even in the most beautiful towns such as the one I live in, Lewes in Sussex, our local loos are frankly a disgrace. Other local authorities—Ceredigion in Wales is an exemplar—take huge and award-winning pride in what they offer their local community and tourists. If it can make it an important priority, every local authority can. I should add here how glad I am that Wales is also sharing in this measure.

As with everything else, Covid has exposed the importance of things we took for granted. The awful impacts following closures of public loos revealed that only too graphically. We have also become more aware, as shops and buildings close, that public loos become the only option for people who are still working in the outdoors.

This Bill, which provides business rates relief, is long overdue. It is a modest proposal but it has, in effect, removed what was, frankly, always a historic anomaly. The exam question is: what sort and what scale of difference will it make? In principle, it will certainly incentivise better local provision and free up resources, and it might stop the closure of some local lavatories. However, it is impossible to tell whether it will have a real impact, given that current estimates are that there is a black hole of about £10 billion in local authority finance. It goes without saying that the funding deficit makes it simply impossible for local authorities to provide the services which are so badly needed. As we approach post-Covid better community building, that has to be at the heart of it.

The Bill can be improved in this House. For example, I would like to see more emphasis on how loos in public buildings such as museums, town halls and libraries could be involved. However, I have some real questions for the Minister, primarily regarding how far this small amount of extra funding will go to address the extent of the loss of provisions. My questions are these. What estimates have been made for the public loos that will now be saved? How will this be monitored or reviewed? What guarantees are there that this money will be spent on what it is intended for, rather than lost in the other huge demands of local authorities? What incentives are there that this money will also provide for caring for public loos and providing extra facilities, such as changing places? Finally, does the Minister agree with me that the essential thing now is to build on this Bill, and to recognise that public health—as we know acutely at the moment—needs constant vigilance and constant investment, and local agency and partnership? I ask our Minister to take the lead in pressing for a national strategy.

Public lavatories were a sign of public dignity, of high standards and municipal confidence. They were constructed with care and beauty by our Victorian ancestors. They should also be a fundamental part not only of our public health strategy but of our strategies for equality, ensuring that children can be cared for and comforted when they are out and that parents do not have to search in desperation for a friendly pub, and ensuring that people of all ages, and people with medical conditions, are free to leave their homes without a battle plan for finding a loo and living constantly in fear of embarrassment. This is not a trivial or facetious issue. It is far more profound than we give it credit for because, to take it seriously, if we do not prioritise it, it is discriminatory and dangerous. I really hope that the expectations held for this small but important Bill are fulfilled.

Housing: Rent and Covid-19

Baroness Andrews Excerpts

Thursday 8th October 2020 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I just point out that as a Minister, I am part of the Government and I will always try to respond as such. We do not see an eviction epidemic. We are fully behind the noble Lord’s mission to end homelessness, as he knows, and we will invest in that endeavour.

[Baroness Andrews (Lab) [V]]

My Lords, is the noble Lord aware that many of the people in arrears and liable to fall into homelessness are young people working in the hospitality or entertainment industries, which are very much at risk now? Will he urge his Treasury colleagues to lift the benefit cap to support them and others like them through the winter? Does he agree that this is bound to be cheaper and more humane than the cost of more homelessness?

[Lord Greenhalgh (Con)]

My Lords, we recognise that this is a terribly difficult pandemic, and a number of renters have had to move back home on losing their jobs. That is the kind of mobility you see in a seismic pandemic such as this, but the Government have increased the benefit cap, which has cost £9 billion in total. We will take further measures if necessary.

End of Eviction Moratorium

Baroness Andrews Excerpts

Thursday 24th September 2020 Lords Chamber

[Baroness Andrews (Lab) [V]]

My Lords, I return to the question put by my noble friend Lady Wilcox. If the Minister looks at the Welsh situation more closely, he will find that the Welsh Government have indeed extended tenure to prevent evictions. He said that the Government might look at loan arrangements that help people keep out of debt. Can he set out exactly what the Government are looking at and when we might expect a similar response in England to that in Wales?

[Lord Greenhalgh (Con)]

My Lords, what I said was that we would look at and consider the loan arrangement but that we are not making a commitment to it—indeed, it is based only on an announcement—so that we can see what the Welsh Government intend to do. I pointed out that there are great similarities between the situation in Wales and in this country regarding the court system and the six-month notice period.

Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020

Baroness Andrews Excerpts

Thursday 10th September 2020 Lords Chamber

[Baroness Andrews (Lab)]

My Lords, I am very grateful to the noble Lord, Lord German, for introducing this debate—and for the way he introduced it—and to the Minister for the time he gave some of us on Monday to express our concerns. He will therefore anticipate much of what I will say.

The Minister made it clear in that meeting that the purpose of this instrument is essentially to help the Government meet their housing targets. I completely appreciate that but, as he will know, I do not think this is the way to do it. In fact, I do not think it will help very much; it will make a marginal difference, as we have heard—possibly 800 homes a year, but probably far less. Of course, none of them will be affordable because it is permitted development.

This SI will guarantee uncontrolled profits for developers who are looking around at the scale of building in the centre of London, for example, thinking “I want some of the action” and taking opportunities to do just that. It will also damage the prospects and well- being of residents of existing residential blocks of flats who in different ways will be put at serious risk by this.

The impact statement reflects the imbalance in interests expressed. It reveals the scale of profit potential for developers, which has been estimated by the Leasehold Knowledge Partnership—which is very authoritative—to be between £20 billion and £40 billion. However, it is silent on the costs to the well-being and safety of residents, tenants and leaseholders from these massive interventions to existing buildings. It is also silent on the prospect of huge increases in the cost of enfranchisement, which will follow from the uplift in the value of a freehold. In this case, this policy absolutely cuts against what the Ministry of Justice wants, which is essentially a much simpler, more accessible and cheaper form of enfranchisement.

When launching the policy, the Secretary of State was, like other Ministers, silent on this point too. All he referred to was the opportunity for individual families and homes to add a storey. Yes, the policy is presented as one of gentle densification; there is nothing gentle about the impact on residents. I must declare an interest as a resident of a block of flats in London which is already threatened with such an upward extension. We have not been consulted; we do not want it; it is unpredictable and problematic in terms of buildability, safety and loss of amenity. We may well be faced with a choice between living in a building site—ceilings coming down and holes in the walls—or evacuating, and there is no compensation for the loss of peaceful enjoyment.

There will be resort to law, but only for people who can afford it. The Government knew from the start that this was an unpopular policy, as the noble Lord, Lord German, explained, and many of the issues raised were completely ignored. I suspect the Minister is discomforted by what he has inherited here; will he consider whether anything more can be done to protect residents by way of the planning Bill coming down the track, or can he commit to an early review of the policy rather than waiting the normal five years? Will he also seize the opportunity presented by the Law Commission to accelerate the reforms in leaseholding and look for ways to restrain the colossal prospects of developers? It is an unfair, unbalanced and inefficient policy, but we have a chance to do something about it.

Planning Rules

Baroness Andrews Excerpts

Tuesday 28th July 2020 Lords Chamber

[Lord Greenhalgh]

My Lords, certain uses—such as theatres, pubs and other venues—are protected in the planning rules. This will continue to ensure that we have entirely the sorts of uses that the noble Lord is seeking to protect.

[Baroness Andrews (Lab) [V]]

My Lords, is the Minister aware of the recent report of the Leasehold Knowledge Partnership on the deregulation of upward extension developments? This report has calculated how great would be the profits to developers but how little would be the benefit to public housing, as well as documenting the crucial loss of rights and assets to leaseholders. Will the Minister please meet me and other noble Lords to discuss our concerns over this issue as soon as possible?

[Lord Greenhalgh]

I am aware of the issue raised by noble Baroness and would be happy to meet her as soon as she is able to.

Covid-19: Local Government Finance

Baroness Andrews Excerpts

Tuesday 7th July 2020 Lords Chamber

[Lord Greenhalgh]

It has been announced that tax deficits will be deferred over three years, rather than one. That was directly in response to the Local Government Association. It is clear that the financial stability of local councils is being kept under review, with monthly updates to the department. I am sure that more announcements will be forthcoming.

[Baroness Andrews (Lab) [V]]

My Lords, is the Minister aware that, because of Covid, referrals to children’s social care have fallen by more than half in some areas? Children’s services are braced for a huge influx of cases of children at risk when schools return. Will the Government make sure that those services have the extra funds they need to protect those vulnerable children? The £500 million allocated so far is simply not enough.

[Lord Greenhalgh]

Social care for children is recognised as a priority service for the Government. I give the assurance that the funding required, as a result of demand pressures from this pandemic, will be looked at and covered.

Planning Process: Probity

Baroness Andrews Excerpts

Tuesday 16th June 2020 Lords Chamber

[Lord Greenhalgh]

I do not feel that it is appropriate to comment on a live planning application. I am sure that the Secretary of State followed the MHCLG guidance on propriety matters in planning absolutely to the letter and disclosed all that he needed to, in this application and in all the others that he determined.

[Baroness Andrews (Lab) [V]]

My Lords, does the Minister agree that the probity of the planning system and its integrity rest on the integrity of the Secretary of State? Will he therefore urge his right honourable friend Mr Robert Jenrick to explain why he took the very controversial planning decision on Westferry Printworks on 14 January, the day before the CIL came into force in Tower Hamlets, thus saving the developer £40 million? Why did the Secretary of State then decide to quash his own decision, and why will he not fully and publicly—not just to the Cabinet Office—disclose all correspondence relating to that development?

[Lord Greenhalgh]

Let us be clear. It was the letter from the department that was sent out on 14 January. The determination by the Secretary of State was made a considerable time before that—certainly before the end of the year—and the planning application went on to his desk with the planning casework in December. As the noble Baroness will know, only a small proportion of decisions have ministerial involvement. Of the 447,000 applications, we are talking about 26 ministerial decisions, which is a tiny fraction. There are many occasions when the Secretary of State will decide to go against the planning inspector or the local planning authority to encourage the supply side of development—so I do not recognise what the noble Baroness says.