Windrush: 75th Anniversary

Baroness Bennett of Manor Castle Excerpts

Thursday 19th January 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the noble Baroness, Lady Benjamin, for securing this debate and for her powerful, positive contribution in introducing it. The noble Baroness referred to the problem of amnesia, which has had so much impact on the Windrush generation and their descendants. In the interests of making a modest contribution to tackling an amnesia that goes much further back, I will look at the part of this debate that focuses on the Caribbean contribution to Britain before the Windrush generation.

I will start in Bristol in the 1640s with a woman called Frances. We do not know her surname or anything about her origins except that she was black and worked as a maid, and it is very likely that she was either from the Caribbean or came through the Caribbean. Remember that we are in the 1640s here. We know about her because she was a leader of a radical religious congregation there and one of the church elders in that congregation, Edward Turtle, wrote about her. We have only a trace of her but she was there, contributing to British society in the 17th century.

I come forward to London in the early 19th century, to a man we know rather more about, Robert Wedderburn. He was the son of an enslaved woman from Jamaica, but his mother was sold on so he was raised by his grandmother. To escape the plantation, he joined the British Navy and then became a campaigner against the abuse of sailors, the quality of the food and the living conditions. He then moved on to write a book in 1824, The Horrors of Slavery, a tract that was hugely influential with the anti-slavery movement. We have here a person from the Caribbean contributing very significantly to British intellectual life.

I will move forward a little further and invite your Lordships perhaps to wander down to the Royal Gallery and look at the painting of the Battle of Trafalgar. Wedderburn was a member of the British Navy in that era, and about a quarter of the Navy then was from minoritised communities; significant numbers would have been from the Caribbean. I therefore invite your Lordships to go down to the Royal Gallery to look at the painting of the Battle of Trafalgar there and see how representative you think it is of the Royal Navy of the time.

To come forward again, to 1944, just a few scant years before the Windrush generation, some people might know that about 2,000 Chinese seamen were deported from Britain after the Second World War, despite many of them having family and children here. Significant numbers of people from the Caribbean were also deported in the same way four years before Windrush, although that is less well documented. We cannot afford the amnesia to fail to acknowledge that Britain is and always has been a multicultural country, and people from all around the world have contributed to all aspects of British life.

Levelling-up and Regeneration Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading
Tuesday 17th January 2023 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I declare my position as a vice-president of the LGA and the NALC. My noble friend Lady Jones of Moulsecoomb focused on housing and planning-related issues in the Bill. I will look at its overall purpose.

We have had pretty well universal agreement around your Lordships’ House that we want levelling up. There are of course many things where we desperately need to see improvements in areas of the country generally regarded as left behind. Levels of public health is perhaps the most notable area. As the Explanatory Notes report, people living in the most deprived communities in England live up to 18 years less of their life in good general health than those in the least deprived. But the fact is that the level of public health is terrible everywhere in the country, reflecting our obesogenic food system, our long working hours, our commuting times and terrible public transport, our poor quality of housing, and our levels of stress and insecurity. There is no model community that we can aim up towards. We have to change it all.

We are talking about improvements and what would be better. I am sure no one would argue with more education or more educational opportunities, but the notes include discussion of ensuring that 90% of primary school pupils achieve the expected levels of reading, writing and maths. That means more teaching to the test—drilling and drilling and drilling to pass tests. That is not education.

Will we hear about a restoration of adult education—opportunities for people to get a second chance if the system failed them the first time, or just because they want to learn something new? That might be the chance to learn a language or make a pot, which might lead to a new career or small business, or just to a richer life. What about an explosion of forest schools for the youngest pupils, so they can benefit from the physical and mental gains to be had from time in nature?

There is a profound irony attached to the term levelling up. Levelling up is generally assumed to mean “becoming like London”. That is pretty strange when all the talk is of local place-making, local control, local culture and local environments, yet it appears that the basic aim is to be like London. This is not a good aim.

I will cite one piece of evidence, leaning on the work of Andrew Oswald, professor of economics and behavioural science at the University of Warwick. He points to Office for National Statistics figures on the level of reported happiness, recorded on a zero to 10 scale. In Hackney, the figure is 7.21; in Kensington, it is 7.17; and yet in the north-east as a whole, it is 7.37. In the city of Newcastle, it is 7.4; in the north-west, it is 7.43. Equivalent patterns are found for life satisfaction and cited worthwhileness of life across that regional divide. The difference between Newcastle and Kensington —the extent to which Newcastle is better—is 0.3 points. To put that in context, the average loss when people lose a job is 0.4 points. As the professor says, this is a challenge to conventional views of the levelling-up agenda. The goal as set out in the Bill is for the cities in the north and the Midlands to be as productive as London and the south-east, and we are told that UK GDP could be boosted by around £180 billion, but how much more miserable might those places be if they follow in the direction of Kensington and Chelsea?

It is traditional at Second Reading to refer to planned amendments, so I will now switch to gallop speed and cover some of those points. First, on the right to nature, I associate myself with the remarks from the noble Baroness, Lady Parminter, and the noble Lord, Lord Randall of Uxbridge. My honourable friend Caroline Lucas is championing—as I did during the passage of the Environment Bill—a right to roam in England such as that enjoyed in Scotland. What a potential boost it could be to so many communities to have access to green space.

Secondly, there is the quality of the nature around us, in cities and rural areas. That is good in its own right but it is also crucial for human health. You can walk along the Sheffield and Tinsley Canal and then Regent’s Canal in London and compare the difference.

Thirdly, there is the issue of land contamination and Zane’s law. I have raised previously the issue of contamination from historic landfill sites. The Local Government Association Coastal Special Interest Group has just produced a report stressing how much of a problem this is.

Finally, I mention small business space. I spoke last week to Sue Langley, founder of the pioneering Blue Patch sustainable business directory, about the sheer waste of endless empty shops. Absentee landlords—which is where this Bill crosses with the Financial Services and Markets Bill—mean that empty shops sit there. They need to be opened up to small local businesses, co-operatives and local communities so that they can use that space—their space—to recover our town centres.

Voter Identification Regulations 2022

Baroness Bennett of Manor Castle Excerpts

Tuesday 13th December 2022 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, the purpose of this regulation is to prevent election fraud, and the Minister quite rightly referred to the success in a similar situation in Northern Ireland. Before 2002, there was considerable fraud in elections there, and the election Act was therefore introduced. It was a challenge at the time, but, after a lot of discussion, there was agreement between all the parties to introduce the election fraud Act, which has proved very successful.

In Northern Ireland, the law requires electors to produce one of seven photographic identifications, including, for example, passports, driving licences and senior transport passes. But, in the argument today, some people say that this will exclude many people—but, in Northern Ireland, we have the electoral identity card, which is produced free of charge by the Electoral Office. This form of identification is acceptable to a very high proportion of the electorate in Northern Ireland. It excludes no one, and it is free. Before the election, vans go out to housing estates and different parts of society in Northern Ireland, producing this so that people can get it for free. It does not exclude people, so I do not accept the argument that people, perhaps from lower sections of the community, are excluded. This has been extremely successful in Northern Ireland, and the Minister referred to this success. So we should think very carefully, and we should introduce these regulations.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I doubt this was the intention of the noble Lord, Lord Browne, but he made a powerful case for the amendment to the Motion of the noble Baroness, Lady Pinnock. He set out just how extensive the efforts are in Northern Ireland to make sure that people are aware of what is happening, and how large the education campaign is. We will not have the time to see that, and that is the whole basis of the fatal amendment, for which I offer the Green group’s support. This is a call not to go away for ever but to delay.

I ask your Lordships’ House to think back to the contribution of the noble Lord, Lord Rennard, who is an expert both on the procedures of this House and on elections. He made the point that positions on fatal amendments tend to shift with party politics, depending on who is sitting on which side. So I will address my remarks particularly to those who do not have a party politics: the Cross-Benchers. It is greatly to their credit that their Benches are so full today; it is great to see this level of interest and concern.

I therefore refer back—we keep getting away from this—to the fact that the Electoral Commission expressed concern about the timeframe. It said that the introduction of voter ID needs to be “accessible, secure and workable” and that those important considerations

“may not be fully met”

when this new principle is operated. If we think about very cautious bureaucratic language, the official regulator saying that it is concerned that the rules it has set may not be met should be of very grave concern.

Many have referred to this. The chair of the Local Government Association, who is a Tory councillor—I should declare my position as a vice-president of the Local Government Association—has said that there is insufficient time and is calling for a delay. Again, that is clearly not someone taking a party-political position, but speaking as the chair of the Local Government Association in a non-party way to say that this is not deliverable.

I want to put two, direct, specific questions to the Minister about implementation and what the Government are planning to do. I think the Minister referred to the fact that the alternative identity card to be delivered by councils in such a tight timeframe is to be free. We all know these days that, as soon as there is some government thing that people are confused and uncertain about, there will be many fake websites on the internet. They will be paying for adverts and telling people to pay £10 or £20; criminals will take advantage of this confusion and uncertainty. Are the Government planning to watch this very closely and stamp down on it as soon as possible? I am afraid we can guarantee it will happen.

The other question is also about the publicity scheme. Most noble Lords, with very good cause, have spoken about the at least 2 million people who do not own the relevant ID needed to vote. Of course, many people will have the ID but will not necessarily have it with them on voting day. Think about the obvious example of students. At some of the universities I know, the relevant student term will start in February. People will very likely leave their passport at home because student accommodation is not necessarily the greatest place to keep a passport. In May, they will need to vote, but their passport would be at the other end of the country. Will the publicity campaign start very soon to catch those students and give them the opportunity to know that this is happening? This could also be the case with driving licences. Some people may have a driving licence but not own a car. They are not necessarily going to carry it with them regularly. We should count not just those who do not own ID but also the people who do not necessarily have it on them.

I will make one final point, particularly addressed to the noble Lords on the Cross Benches. Many Members of your Lordships’ House, particularly Cross-Benchers, go to other countries to observe elections and assist the spread of democracy around the world. Here we are trying to defend democracy at home and make sure that our elections are conducted properly. I was in Brussels last week and happened to be speaking on a panel which had a speaker from Belarus and a speaker from Hungary. The chair, who was not from any of our three countries, said “These are three countries in Europe which have problems with—or falling apart—democracy.” That is how this country is being regarded overseas. Voter ID is one more step in that process.

[Lord Weir of Ballyholme (DUP)]

My Lords, I speak in favour of the Government’s position, drawing from experience of 35 years of elections in Northern Ireland. Some were prior to the 2002 legislation, and some were after that; in some I was a candidate. On each occasion I was someone involved in electoral politics. I also draw from experience as former president and vice-president of the Northern Ireland Local Government Association. I have seen this operate within a local government context.

I can understand, for those who are moving into a new situation, that there are genuine concerns and those need to be addressed. There is a point around trying to ensure that publicity is maximised in the run-up to this. Therefore, I have some sympathy for that point. It is also the case that, no matter how well thought through any scheme is—I take reassurance from what the Government have said—there will be a review of the situation after the elections. It is important that whatever lessons that arise from that are learned.

Housing: Leasehold Properties

Baroness Bennett of Manor Castle Excerpts

Monday 17th October 2022 Lords Chamber

[Baroness Scott of Bybrook (Con)]

I am afraid I have no line into the Scottish Parliament but it does not seem a very good reflection on the way that party works.

[Baroness Bennett of Manor Castle (GP)]

Does the Minister agree that many tenants in England would absolutely welcome a freeze on rents, as tenants are enjoying in Scotland?

[Baroness Scott of Bybrook (Con)]

My Lords, we are continually looking at how we can support the rented sector through this particularly difficult time. On Section 21, as the noble Baroness probably knows, the Prime Minister has said that she will not change her decisions on that either.

New Homes Commitment

Baroness Bennett of Manor Castle Excerpts

Tuesday 21st June 2022 Lords Chamber

[Lord Greenhalgh (Con)]

I think we need to find ways of coming up with new town projects but to do that we need the infrastructure, the transport, the roads and the rail, and that is why we recognise that a programme just to build homes is not enough. We need to get that in the round, and we are taking it forward as part of the Levelling-up and Regeneration Bill in this Session.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I was very pleased to hear the Minister say enthusiastically last night that we need more affordable housing and social housing, and that the Government were happy to look at ideas. There are currently 500 projects for community land trust homes, creating 7,000 new homes around the country. Will the Government look at how they can encourage further this model of providing homes in perpetuity, of a structure and type decided by local communities for local communities?

[Lord Greenhalgh (Con)]

I think there is quite a degree of interest in how community land trusts can operate; Coin Street is an example, and I believe there are other examples in Watford. We are happy to take all ideas, including how we can use community land trusts as a vehicle to deliver more affordable housing.

Private Rented Sector

Baroness Bennett of Manor Castle Excerpts

Monday 20th June 2022 Lords Chamber

[Lord Greenhalgh (Con)]

There are two parts to how the right reverend Prelate has put the question. The first is that we need to make sure that there is enough supply of social housing, otherwise people who should be in social housing rather than in private housing lose out. There is a real commitment in the affordable homes programme to deliver far more social rented homes: 32,000, which is double the amount of social rented homes in this period than in the previous one. On the cost of living, the best thing is to take action now, and there have been quite a few measures. Some are universal but some are aimed at pensioners; there is a separate one-off payment of £300 to 8 million pensioner households, and obviously there are the measures around people who require support around the costs of essentials. The Government have stepped in where there need to be specific measures, as well as universal measures around fuel bills. Equally, however, the right reverend Prelate is right that we need to ensure that we continue to build more homes and especially ensure that there are more social homes.

[Baroness Bennett of Manor Castle (GP)]

My Lords, tenants’ groups and campaigners say that they need three layers of foundation to give everyone the secure and stable home that they need. The first is decent structural condition, maintenance and repairs, and the second is not to be evicted unfairly. As other questioners have said, this White Paper makes considerable progress on both those areas. However, the third key part of the foundation according to renters’ groups is to have a home that you can afford. The Minister said that the Government were looking at rent controls and pointed back to the kind of rent controls that we had in the 1970s. However, are the Government prepared to consider different, more flexible, smarter forms of rent control? In Scotland, the Green Tenants’ Rights Minister is looking at ways in which rent controls can deliver what people actually need, which is rental costs that are not more than 25% of their income. Another way of looking at this might be that powers for rent control are given to mayors, like the Mayor of London and other regional and city mayors around the country. That would be a way of experimenting and working. How can the Government ensure that people can afford to rent, which is an essential foundation?

--- Later in debate ---

[Lord Greenhalgh (Con)]

It is fair to say that we raised the local housing allowance and maintained that raise. What the noble Baroness is saying is that we have not increased it further. Let us give the Government credit for having raised it in the first place and having maintained it. The reality is that it goes back to getting the balance of tenures right. We have far too many people who cannot afford to live in market-rate accommodation and therefore they need taxpayer support. The housing benefit bill has effectively ballooned from when I was first a council leader from around £7 billion to around £30 billion, I think—or at least, that is what the projections are. That is completely unsustainable. We need more affordable housing and social housing to mitigate the unintended consequences of getting the taxpayer to fund these very high-cost homes for people who cannot afford to live in them. That is why there is a need to look at other ways of answering that point.

[Baroness Bennett of Manor Castle (GP)]

I join the noble Baroness, Lady Thornhill, on the Minister’s celebration of social and genuinely affordable housing. In that case, why are we looking at extending the right to buy instead of ending that great privatisation of social and affordable housing?

[Lord Greenhalgh (Con)]

I can answer that very sincerely, having been a local authority leader in an area where one-third of the housing was social housing. It had very high levels of council and housing association housing. I start with a definition that social housing should be a springboard to home ownership, for those who want it to be. It should not just be a destination. The issue is that once you have got the receipt, it gets pocketed by the Treasury and not reinvested in social housing—something that the noble Baroness, Lady Thornhill, has raised before now. The Government are putting more flexibility in and allowing more money to go back into supply. There are strong arguments that all that money should go back in; therefore, you allow mobility and fluidity and create a springboard for those people who can afford to own their own homes. That is a great thing, which should be available to both council tenants and housing association tenants.

Constitutional Commission

Baroness Bennett of Manor Castle Excerpts

Thursday 9th June 2022 Grand Committee

[Baroness Bennett of Manor Castle (GP)]

My Lords, I feel I should declare some positions: the England and Wales Green Party has long championed a Cornwall assembly, a Yorkshire assembly or parliament and similar around the rest of England; the Welsh Green Party has said it will campaign for independence should a referendum be called; and the Scottish Greens have long been pro-independence.

Having put those cards on the table, I thank the noble Lord, Lord Wigley, both for securing this debate and for his creative, positive introduction to it. I particularly thank him for the chance to celebrate the local election results, which were truly spectacular for the Green Party. One of the outcomes is that there are now 18 councils, as well as the one council we run, in which we are part of some form of rainbow coalition—groupings of a number of parties working together co-operatively for the common good.

These are usually classified as councils under “no overall control”. One thing I would like to highlight is that we really need to rephrase that terminology and look at these as councils in co-operative operation, where people are working together to govern. This is a very different model from the traditional model of British governance and, I argue, demonstrably a far better one. To suggest some of the places I happen to know about where this is working well, Lewes is a particular highlight. In diverse places such as Herefordshire and Sheffield, this is working well.

Of course, in Scotland we have Green Party Ministers. I will pick up a point from the noble Baroness, Lady Fraser, who suggested that there was perhaps an exclusionary model of Scottish nationalism. The nationalism championed by the Green Party is very much a civic, inclusive nationalism—one that acknowledges that the Syrian refugee who arrived last week is as much a part of the community as anybody else. Maybe England could learn from that form of nationalism.

It is clear from this debate that pretty well everyone agrees that what we have now is broken. Indeed, the noble Lord, Lord Jones, just mentioned the Economist, the Government promised in their manifesto to have a commission, and the Labour Party would have a commission. We have heard a lot of suggestions, but even the commission, which would be a positive step forward, is still very much the establishment rearranging the deckchairs on the Titanic: the great and the good sit in a room like this, possibly under some dreadful art like in this room, and decide how to rearrange things.

I have an alternative proposal. Let us have a people’s constitutional convention, an assembly that represents all the peoples of these isles—of course, we could have them at different levels in the nations as well—and collectively allow the people to democratically decide how we should change, start from scratch and redraw our currently totally outdated, dysfunctional, unworkable constitutional arrangements between the nations and, indeed, in this House and the other place et cetera. We need change. Let us not draw up the changes; let us let the people decide.

Building Safety Bill

Baroness Bennett of Manor Castle Excerpts

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

[The Earl of Lytton (CB)]

My Lords, it is always a pleasure to follow the noble Baronesses, Lady Neville-Rolfe and Lady Fox. I pay tribute to the efforts of the Secretary of State and the Minister to achieve significant changes in the face of a very difficult situation. That should never be understated. If it has been too slow for some seriously challenged individual households, the Bill is undoubtedly immeasurably better than when we started. Obviously it was a disappointment to me that several key elements were rejected in the House of Commons, and I remain concerned by the sub- 11 metre exclusion, buy to lets, enfranchised blocks and orphan buildings, about which so much has been spoken. Although the point that the perpetrator should pay was not before the House of Commons, the problem remains a real one: the problem of funding does not go away.

On the 11-metre cut-off, it has been consistently said that with the measured and proportionate response that the Government say they have adopted, there is no systemic risk for low-rise properties. I do not know whether this means that other mitigations, such as alarms, smoke detectors or sprinklers, may be appropriate, but the claim seems to lack a basis in data. The point was well made in the seventh report of the Levelling Up, Housing and Communities Committee of the other place and followed by an Answer to a Question for Written Answer of mine: without data, assertions regarding risk, mitigation options and cost-benefit lack foundation and create doubt.

If the Government are saying that adding sprinklers, smoke detectors and alarms to such buildings is an acceptable means of overcoming an initial failure in construction, I ask the Minister to be aware that there is a reputational and moral hazard here. If those are seen as workarounds to deal with essential, original compartmentation in buildings, I would really worry about how that will be taken forward and potentially abused in the future. I just do not want to go there; this one has been bad enough. So we rely heavily on government assertions that they will have the powers to deal with these issues.

I acknowledge that the Secretary of State has made considerable progress on the developer pledge but, as the British Property Federation observes, it does not cover sub-11 metre buildings and, in several aspects, as the noble Lord, Lord Young of Cookham, said, it may be inconsistent with the Bill. But if, as I am led to understand, this will be enforced by denying developers planning consent, apart from the questionable basic legality of such an intervention in planning and development laws, it should be noted, as I have said to the Minister before, that planning consent runs with the land, not with the applicant, and even less with whoever happens to be the current owner. That is a matter of law, not of debate.

I was also led to believe that one of the reasons why the perpetrator-pays approach would not stand the test is that it means backdating to a previous era, beyond what would normally be covered by the provisions of the Limitation Act. If I am right and a fundamental failure to meet the mandatory provisions of building regulations from 1965 and at all times since is, in fact, an offence, time cannot run against the commission of an offence in favour of the perpetrator. I am a bit fearful that aspects of the Bill could be regarded as arbitrary and discriminatory as between classes of owner and the nature of liabilities, touched on by other noble Lords. In a sense, that might lead to its own legal trajectory in another area.

I hope the Government have a constant process of rolling review of what is going on here, because if we do not deal with ongoing market turbulence, lack of confidence, economic attrition and the victims in all this simply concluding that they have been hung out to dry in some way, that will really be a system failure and we will not have delivered on the promise given by Ministers in the other place and here that leaseholders should be kept free of these costs, for which they were entirely blameless. I am absolutely sure that the noble Baroness, Lady Pinnock, will say just that in a minute.

I finish by paying tribute to noble colleagues with whom I have worked and particularly to the many leaseholders and their groups. They have campaigned for justice and proper defect remediation. My arguments here have been fuelled by their plight, and I intend to keep reminding the Government that this matter, until it is all put to bed, will have to remain in their line of sight.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Earl, Lord Lytton, and to hear that he intends to keep a close eye on this, because that will clearly be needed well into the future.

I rise to offer Green support for Motions D1 and H1 and to make a single point about how I see these fitting together. The noble Baroness, Lady Hayman, and others said that the leaseholders are the absolutely innocent parties here—but, more than that, it is important to say that they are the injured parties. They have been injured over years and years of stress and worry, both financial and about their physical safety, given where they are forced to live. Think about going to bed every night fearful about what is going to happen. They are the victims of the policies of successive Governments who have allowed the building industry to act as a cash cow rather than a provider of secure, affordable, decent homes.

There are still a lot of steps down the road, but if we pass Motions D1 and H1 we give those leaseholders and owners the clarity and certainty that they will be looked after, whether or not their building is under 11 metres, and that they will not be hit with a bill that they still cannot afford to pay, as the noble Baroness, Lady Hayman, said.

I was tempted to say that your Lordships’ House should put one last heave behind the Building Safety Bill, but then I thought that was a slightly unfortunate metaphor in the context we are talking about. I will pick up what the noble Baroness, Lady Hayman, said: the campaigners have done so much work and have fought so long and hard on this. Let us buttress that and put in the final supports they need to get the Bill we should have.

[Baroness Pinnock (LD)]

My Lords, it is good to recognise that the Bill has indeed been transformed during its passage through Parliament, but the major transformation point was initiated by the Secretary of State, Michael Gove, when he said that

“leaseholders are shouldering a desperately unfair burden. They are blameless, and it is morally wrong that they should be the ones asked to pay the price.”—[Official Report, Commons, 10/1/22; col. 283.]

I agree, as many others across the House will. Unfortunately, however, the Bill currently does expect some leaseholders to pay. My colleagues and I are asking the Government today to think again.

The Government argue that Article 1 of Protocol 1 of the European Convention on Human Rights ensures a balance of rights between property owners and leaseholders, which in their view means that leaseholders have to pay towards the costs. That is the basis of the Government’s argument for the cap of £10,000 and £15,000. However, that view was comprehensively challenged by my noble friend Lord Marks, whose argument was endorsed fully by the noble and learned Lord, Lord Hope of Craighead, on Report. Senior legal minds in this House agree that it is possible within the ECHR for innocent leaseholders to pay nothing.

This legitimately opens up the opportunity, which must be grasped, for the Government to accept that leaseholders must not pay a penny whatever the height of the building, hence Motion D1 in my name to include buildings under 11 metres so that leaseholders in those buildings do not pay. As the noble Lord, Lord Young of Cookham, rightly reminded us, a building under 11 metres has been destroyed by fire in under 11 minutes. We really need to think again about those buildings under 11 metres. However, I thank the Minister for the assurances he has given to those leaseholders in buildings under 11 metres at the Dispatch Box today and for urging them to get directly in contact with him if they get any invoices for remediation works. I am sure I will be holding him to account on that one, as will the leaseholders, and I am sure they will get in touch with us across the House to make sure that they do not pay. They must not.

What I do know is that the Government need to think again about the leaseholder cap. My Motion H2 reduces the cap back to zero, where it should be. I remind the House of the commitment by Secretary of State Michael Gove that leaseholders should not be paying the cost incurred as the result of the sometimes deliberate actions of others. The Minister himself has acknowledged tonight that some leaseholders will still pay, when we agreed in January at the very start of this great transformation that they are blameless and it is morally wrong that they should have to be the ones to pay the price. We have looked after many leaseholders but not all.

Obduracy in the face of moral right is a failure of political leadership. We on the Liberal Democrat Benches will support the noble Baroness, Lady Hayman of Ullock, in her Motion H1 to achieve a degree of improvement to the lot of leaseholders, who have shouldered the burden of anxiety and fear for too long and whose campaigning efforts have achieved so much.

Building Safety Bill

Baroness Bennett of Manor Castle Excerpts

Lords Hansard - Part 1 & Report stage
Tuesday 29th March 2022 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I, too, support the amendment in the name of the noble Lord, Lord Crisp. In so doing, I declare that I am a trustee of the Nationwide Foundation, which supports the TCPA’s Healthy Homes Act campaign. I shall not detain the House for too long other than to reiterate the points made by the noble Lord, Lord Crisp, who introduced the amendment admirably. This is a simple but profound amendment that should be taken note of. As we have heard, we already have a great deal of evidence about the impact of housing on both health and education—Covid highlighted all of that—and how that contributes to inequalities in health. For all those reasons, it is important that we take note of the amendment and make sure that it is incorporated, whether into this Bill or a planning Bill, as the noble Lord, Lord Young, said. One cannot fault the logic of what has been recommended, so I strongly support the amendment and look forward to the Minister’s response. I also urge him to agree to meet some of us to see how this issue can be taken forward.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I offer Green support for all these amendments, which have been so powerfully and comprehensively introduced. I am not going to go over any of the same ground but shall focus particularly on Amendment 2 in the name of the noble Lord, Lord Crisp, with full cross-party backing, particularly the wording,

“‘safety’ means the risk of harm arising from the location … of buildings”.

In some ways that might be seen to deliver the aims of two amendments that I tabled in Committee but have not brought back on Report, Amendments 132A and 132B, which would have delivered what has been called Zane’s law, targeting the issue of contaminated land and the risks that such land may represent to residents and others in nearby buildings. For those who do not know, Zane’s law refers to the tragic child Zane Gbangbola, who died and whose father was disabled when flooding carried contaminants from nearby land into their home.

If we had a safe location for every building, that would seem to deal with the issue. However, looking at our debate in Committee, I note that the noble Baroness, Lady Hayman of Ullock, kindly offered support for amendments in this direction. What she said then clearly sets out the problem:

“If we can identify the size and scale in every part of the country where contamination is, that would be a very logical starting point to prevent future risk to life and support local authorities in tackling the whole issue of contamination”.


In responding, the Minister suggested that the Building Safety Bill was not the right place to bring in Zane’s law because it would take the focus away from the environment and put it only on buildings. I think that she was right in that supposition, which is why I have not brought the amendments back now; the planning Bill, if indeed we see one, may well be the place to do that. However, where I disagree with the Minister—she was responding to my noble friend Lady Jones of Moulsecoomb, who kindly introduced these amendments as I could not be present—is where she noted that Section 143 of the Environmental Protection Act 1990

“was repealed, but it was replaced by Part IIA of the Environmental Protection Act 1990”.—[Official Report, 2/3/22; cols. GC 333-34.]

However, that was a significant downgrading of the protection and the powers offered by local authorities. It is worth looking at what was known as, perhaps rather unfortunately, the Red Tape Challenge: Environment Theme Proposals from March 2012, which effectively downgraded three-quarters of environmental regulation. Those changes to the guidelines said that they were

“anticipated to save business £140 million a year by reducing uncertainty about when land needs to be remediated”.

“Reducing uncertainty” is a phrase that needs to be re-examined and reconsidered.

I commend all the amendments, particularly Amendment 2, which focuses on the issue of the safe location of buildings. A great deal of regulatory work would have to be done to deliver that, which would include Zane’s law. If this becomes part of the Bill, the Government would have to look at that, but it would be a big step forward if we focused adequately on ensuring that—in this age of the Anthropocene and the climate emergency, in which new risks are emerging that were not present before—no one has a home or building in a place that is dangerous.

[Lord Best (CB)]

My Lords, I will briefly speak to support the amendment tabled by the noble Lord, Lord Crisp, and declare an interest as chair of Oxford University’s Commission on Creating Healthy Cities. I also declare my interest as a vice-president of the Town and Country Planning Association.

An obvious case of building safety impacting on health and well-being is surely the permitted development rights regime. Submissions to the Oxford Commission on Creating Healthy Cities have revealed widespread condemnation of the appalling building standards allowed via permitted development rights, which permit conversions of commercial and industrial buildings into accommodation without the need for normal planning consents. This has led to the creation of some ghastly, substandard new slums often on non-residential business parks full of safety hazards, with no facilities, no play areas for children and danger from traffic. Research at University College London reveals that a very large proportion of the well over 100,000 homes delivered through these permitted development rights have been substandard.

I am pleased that there has now been some regulatory change and requirements for at least some natural light and minimum space standards. However, this controversy has highlighted the importance of adequate space, sufficient daylight, protection from noise and a surrounding environment that is not hostile and unhealthy. That underlines the need for bringing together housing and health issues under the banner of minimum standards that recognise the broader definition of safety in the amendment in the name of the noble Lord, Lord Crisp. This would engage the new regulator in the process and require attention to be paid to health and well-being as essential aspects of the homes that we build and the places that we make. I support Amendment 2.

--- Later in debate ---

[Lord Stunell (LD)]

My Lords, I will speak to Amendment 264 in my name and that of my noble friend Lady Pinnock, which would require a report on the built environment industry workforce that takes into account various factors. I assure the noble Baroness, Lady Neville-Rolfe, that this is very much a probing amendment; we certainly do not intend to press it today.

However, we need to give this issue an airing. The whole pyramid on which this Bill is constructed depends on that bottom level: the workforce who will deliver it. We know that there is a grievous shortage of fire risk assessors, not least because the fire risk assessor who assessed Grenfell Tower was an unqualified, off-duty firefighter who made up the qualification letters that he put after his name when he applied for the job with the tenant management organisation. That evidence was given in phase 1 of the Grenfell inquiry.

We know that the Government have made strenuous efforts to get fire assessment training going but there is every indication that there is not enough and that, when this regime comes into force—we all want to see this as soon as possible—there will be a shortage of fire risk assessors. Earlier today, wearing his fire responsibilities hat via the Home Office, the Minister made the point that one of the jobs in the fire and rescue service is to upskill staff to gain the competences they need to fulfil their functions of realistically assessing risks and remedies in the duties they undertake. We think that there needs to be a clear plan for developing training for and upskilling the people taking on the new roles in this Bill. There is a whole series of new posts, including accountable persons and responsible persons—not to mention the safety regulator staffing itself—and we need some assurance that the Government are clear on all of them and have a laser-like focus on producing the answers that are needed. This is against the background of an industry that employs 2 million people, has 90,000 sole traders operating on the ground and in many ways, as we have discussed, has a dysfunctional contracting model. It certainly has low productivity and very poor standards of delivery of outcome.

The amendment may or may not be over-elaborate. I hope that it would be a work plan that someone is working on, even if it should not be in the Bill. I really want to hear the Minister give an account of how a work plan such as this is in fact going forward. If not, we will certainly be snapping at his heels over the coming months. Much more seriously than that, he will find that there will be the gravest difficulty in implementing the Bill, which is what we all want to see, on the shortest possible timescale.

I am the resident pointing at the hole in the road and saying to the contractor, “Please come and fill in this hole”. That is what this amendment is about.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I want briefly, having just had a signal on those lines, to offer Green support for all the amendments. I will speak only to Amendment 261 in the name of the noble Lord, Lord Foster of Bath. I commend him on his long work in this area.

I am perhaps a little less charitable to the Government than him about where things are now. Just this afternoon, while we were debating the second group of amendments, the Green Alliance put out a new report, Cutting the Cost of Living with a Green Economy. It has some figures that are interesting and helpful for this debate. It points out that the cuts to energy efficiency subsidies and the scrapping of the zero-carbon homes policy over the past decade saw the installation rate of home insulation and energy measures go from 2.3 million in 2012 to 230,000 in 2013—a rate that has continued since.

This addresses the question that the noble Baroness, Lady Neville-Rolfe, just asked about what we can do and whether it is possible to step up again. We have done this in the past; we can do this in future. The noble Baroness expressed concern about a lack of costing for that. The Green Alliance report points out that, if we followed Amendment 261, through insulating 15.3 million homes, it would save them all £511 a year after the April price cap rise. For the country, that is £7.8 billion a year, mostly in fossil fuel.

Looking again at the costing, the Great Homes Upgrade plan, put together by the New Economics Foundation along with 28 organisations, shows that spending £11.7 billion over this Parliament could raise 7 million homes up to this standard by 2025. As the noble Lord, Lord Foster, said, this is very much a health and safety issue. We have set the standard of zero carbon by 2050. That is a target for the environment; this is a target for people’s health. Surely we can have both health and environment targets that so crucially fit together.

[The Earl of Courtown (Con)]

My Lords, taking the time into consideration, I beg to move that we adjourn the debate on this amendment and that consideration on Report be adjourned until after the Urgent Question.

Building Safety Bill

Baroness Bennett of Manor Castle Excerpts

Lords Hansard - Part 2 & Report stage
Tuesday 29th March 2022 Lords Chamber

I agreed to appropriate review clauses when I was on the Front Bench, and I believe strongly that they can help to oil the wheels of urgent legislation such as this, so I hope that my noble friend the Minister and the Secretary of State may come to see this as a speedy way of securing agreement to this important Bill, particularly if it proceeds to ping-pong.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise with pleasure to follow the noble Baroness, Lady Neville-Rolfe. I agree with almost everything she said and very strongly back her amendment. The political spread we have just achieved across the House in that regard is interesting.

I sat through the previous group, and I am indebted to the noble Baroness, Lady Pinnock, for counting the 70 amendments in it. I listened to the detailed and informative contributions, particularly from the noble Lord, Lord Young of Cookham, and the noble Earl, Lord Lytton. I learned a great deal about waterfalls. I am still not entirely convinced that there is a solution to the “if no one’s left to pay who’s going to pay?” problem. None the less, it is very clear that this is an unusual Bill and that we have very broad agreement on what we are trying to achieve; that is, that the perpetrator pays to ensure that innocent leaseholders and home owners who through no fault of their own have found themselves trapped in awful, incredibly stressful, dangerous circumstances are not the ones who ultimately suffer and that the people who create the problem pay for it.

However, given the complexity of everything we have just done, we cannot be sure that the Bill will deliver and that there will not be unexpected hitches and problems along the way. I agree with the noble Baroness, Lady Neville-Rolfe, that five years is just too long. The noble Baroness, Lady Fox, spoke about the personal experience of being stuck out of a home, and some people are stuck in homes in awful situations. Two years is the right time to look at this in the round.

This may be where I slightly part company with two earlier speakers. I think there is broad agreement that we have a huge cultural problem in the building industry. I should perhaps declare a historic interest as the daughter of a builder. I knew quite a bit about the Australian building industry and lots of the problems that I saw in that situation have been magnified and intensified by economic developments over the past few decades. We have mass housebuilders that are far better at being cash cows than at producing homes. We are trying to change this situation and the whole culture of the industry. We are trying to get homes that are produced so that people have a secure, stable, affordable place to live. It is such an enormous change that we cannot wait five years to review this, so I commend the amendment tabled by the noble Baroness, Lady Neville-Rolfe.

[The Earl of Lytton (CB)]

I, too, commend the noble Baroness, Lady Neville-Rolfe, on this amendment. Given the circumstances of the Bill, the number of variations in it and the sheer number of moving parts involved, a review is essential for precisely the reasons she said, and I support the amendment.