Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023
Baroness Scott of Bybrook Excerpts(1 year, 1 month ago)
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Baroness Scott of Bybrook
That the Grand Committee do consider the Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, the regulations set out the high-level information to be provided to the Building Safety Regulator and clarify the parts of a building for which individual accountable persons are responsible. These regulations are part of the new regime for building safety created by the Building Safety Act 2022.
I will start by providing some context and background to these important regulations. After the Grenfell Tower tragedy, the Government appointed Dame Judith Hackitt to conduct an expert review of the building safety regime. Her review recommended a new approach to managing fire and structural safety risks in higher-risk buildings. She advised that there should be clear accountability and responsibility for building safety in these buildings. Her report also set out that the body which enforces the new regulatory regime will need accurate and up-to-date information about those higher-risk buildings. The Government accepted Dame Judith’s recommendations and brought forward the Building Safety Act, which received Royal Assent in April 2022.
The regulations are split into two parts. The first part, in line with Dame Judith’s recommendations, establishes the key building information that must be provided to the Building Safety Regulator by the principal accountable person. This information will support the regulator’s initial triage of the potential risk factors in existing higher-risk buildings. This will allow the regulator to determine the order in which buildings should be required to apply for a building assessment certificate.
Under the new system, principal accountable persons responsible for existing buildings will be required to register with the Building Safety Regulator from April this year, before applying for a building assessment certificate at a later point. Building assessment certificate applications will enable the Building Safety Regulator to review the wider risk management and safety arrangements in place for those buildings. The key building information will also be used by the Building Safety Regulator to analyse trends and risks in higher-risk buildings. In addition, if any issue emerges in higher-risk buildings, the regulator will be able to use the key building information to identify similar buildings, systems or features and contact the relevant accountable persons.
It is important that the key building information is provided to the Building Safety Regulator at an early stage, so that it can use the information to prioritise which buildings should be required to apply for a building assessment certificate first. The regulations require that the principal accountable person must provide key building information to the regulator within 28 days of applying to register their higher-risk building or buildings.
The Government are today laying regulations which set out the registration requirements in more detail. The principal accountable person must also promptly notify the Building Safety Regulator of any subsequent changes to the key building information. The regulations set out what information must be included as part of that. This includes information about the current uses of the higher-risk building and whether its principal use has ever changed. It also includes information about the structural design of the building, the number of storeys and staircases, the pitch of the roof, the energy supply, any energy storage and whether the building has a structural connection to any other building. The key building information also includes information about the materials used in certain parts of the building: the external walls, the external wall insulation, the roof and any fixtures attached to the external walls or roof. Information will also have to be provided about the type of evacuation strategy for the building, such as “stay put” or “simultaneous evacuation”, and about certain fire and smoke control equipment within the building.
All this information is pivotal in helping the Building Safety Regulator to exercise its day-to-day functions and duties, understand typical features and trends in buildings and identify safety concerns. Guidance will make clear exactly what information is required to meet this legal obligation, and it must be submitted in electronic form. The Building Safety Regulator will issue a direction setting out the precise format for that.
Another of Dame Judith Hackitt’s recommendations was for a clear model of risk ownership for a whole building, which would be required to achieve the effective management of building safety. However, building ownership and land law is complex; some tall buildings will have multiple entities involved in their ownership, with varying degrees of responsibility for the building’s safety. That is why Section 72 of the Building Safety Act makes it clear who is responsible for the fire and structural safety in a higher-risk building: the accountable person.
Baroness Wilcox of Newport (Lab)
My Lords, I note my membership of the LGA as a vice-president, which is noted in my details. I thank the Minister for her introduction to this statutory instrument.
We understand that these regulations have two key purposes. They specify what information must be provided to the Building Safety Regulator on higher-risk buildings and which parts of a building certain individuals are responsible for. We believe that this is part of the implementation of the Hackitt review of building safety, which recommended a new regulatory regime to improve accountability after the dangerous and destructive mistakes of the past, notwithstanding the tragedy at Grenfell which is still unresolved in so many areas after such a long time.
Labour welcomes these regulations and sees the instrument as uncontroversial, but we would like the Minister to offer greater clarity on the new building safety regime, especially for those with new responsibilities. I pose the following questions to the Minister; if an answer cannot be produced at this time, I would welcome a written response in due course. Given that the related consultation was in summer 2022, has the department engaged with relevant groups since then? Are the Government monitoring the new building safety requirements being introduced by the Mayor of London, such as for all planning applications for new buildings above 30 metres, which must now have second staircases before going to the Greater London Authority for final sign-off?
These fire safety measures have been brought in with immediate effect in London. This follows the Government’s launch of a consultation in December last year on requiring developers to include second staircases in blocks above 30 metres, which I believe is around 10 storeys high. This move has long been called for by the RIBA despite not being a recommendation in the Hackitt review, so is this monitoring taking place and will the Government extend these measures elsewhere? Furthermore, will the Minister update the Committee on the implementation of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, laid in Parliament on 19 December 2022, which define higher-risk buildings?
My final question is about timescales and the mandatory information that duty holders will be required to provide to the new regulator, which must be submitted within 28 days of an application to register. The Government have announced that the registration of existing buildings is expected to begin next month. What will they do if there is non-compliance? Is there a plan in the department to tackle these organisations and companies? We need to know what the penalties will be and how these regulations will be enforced by the Government.
Baroness Scott of Bybrook (Con)
I thank both noble Lords for their input. I thank the noble Baroness, Lady Brinton, in particular because I know that this issue, especially PEEPs, is a huge passion of hers. When she last caught me in the corridor, I went back and started to chase, but huge pressure is being put on the Home Office—as she knows, this is a Home Office issue. We will get an answer; I will make sure that I keep niggling away because this is important. For me, although quite a lot of this legislation is going well, this is the one thing that seems to be holding us back, as something that came out of the inquiry’s first report. We will keep working on it.
The noble Baroness brought up a number of things. I was scribbling away; I will have to go through Hansard and will write if I have missed anything. One of the first issues was about funding. The Building Safety Regulator will work with local regulator partners, including building control and fire and rescue, to deliver the new regime; obviously, it cannot do it on its own. It is important that they are not in silos and work together. We are working particularly closely with the Building Safety Regulator to ensure that the skills capacity and training are in place for it to deliver these programmes. That means quite a lot of recruitment because, as has rightly been said, this is a lot of work.
On 9 March, the Government gave £42 million grant funding to support the recruitment and training of building control and fire inspectors working with the Building Safety Regulator. The Government absolutely understand that this cannot be done for nothing; if we want more and better regulators and inspectors, we need to recruit and train them. That will cost money, and the Government are putting money in for that to be performed effectively. That was the first point.
Baroness Brinton (LD)
I thank the noble Baroness. I was asking for something slightly different. I am sorry; it is complex and I was not clear. It is really important that the information that the regulator has to hold is the same information, even if there is more information at building control and fire service level. I should have said, and probably did not, that it could be something like Companies House, where details of accounts and so on are available, including to the public; that is why I asked about the public. That is the golden thread; that is the core information, although there may be other information. Is that how it is envisaged?
Baroness Scott of Bybrook (Con)
I am not aware that that is how it is envisaged. I have not had any conversations about how the regulator will work with local authorities, but it is an interesting concept. I will take it back and find out for the noble Baroness how that golden thread is being joined up.
There was a query about paragraph 7.3 on the timescale of information. I do not have 7.3 here with me so I do not have the answer to that; I will have to write. On communications, of course communications are important, particularly to the almost silent people—the residents, agents and people who will talk to residents. For me, it is important that the department does some of that communicating about how the new regime will work. I am sure that we will because we have done an awful lot on the ombudsman service and such things. The new regulator has various roles and responsibilities and I would hope that the department will do this. I will probably get told off for saying that but, as a Minister, I think it very important that the people most affected—the residents—understand how that is going to work. I do not have anything else here but I will look again to make sure that there is nothing further.
I move on to the questions from the noble Baroness, Lady Wilcox, and thank her for her support. Indeed, I thank both noble Baronesses for their support for these regulations; they are important. The noble Baroness, Lady Wilcox, wanted to know how the regime is being phased in. The Building Safety Regulator was established in shadow form within the Health and Safety Executive in January 2020. The statutory functions of the Building Safety Regulator are being phased in and are planned to be fully established by April 2024.
The Building Safety Regulator is already working and engaging with residents, building owners, the industry and professionals about how the regime will operate, so by the time we get to next April everybody should understand—this comes back to the communications issue—how the system works, and it should be up and running very quickly.
There was a question on how these regulations relate to information required as part of building control under local authorities. We have answered that, I think, but I will write on it because I do not think even the officials know. We will work on that one.
Regulations will be laid around October that will make clear what information will be in that golden thread during building control and later held by accountable persons in occupation. There will be further regulations this autumn that I think will probably answer some of the questions, if not all of them, but I will make sure that we answer the questions and let the Committee know what those regulations will include. They are a bit further along the line. We talked about the timeline for the scheme and I think it is important.
The noble Baroness, Lady Wilcox, asked what happens if someone does not register their building. The regulator will undertake further investigations and cross-check against information held by government to identify any high-risk buildings that have not been registered. Where a resident has concerns that their building does not appear to be on the public register, there will be mechanisms for that resident to report that directly to the regulator, so it can investigate. So there will be two ways: there will be cross-checking by the regulator and also it is important that anybody who checks up and sees that their building is not on the register can get in touch with the regulator as soon as possible.
Baroness Wilcox of Newport (Lab)
I thank the Minister for that answer but, on the point that the resident can inform the regulator, I would like the Minister and the department to be mindful of consequences for that resident. We hear dreadful stories these days of difficult landlords and so on. I would like my concern about that noted and the department to look carefully at it, because it is very difficult for individual tenants to report in that way.
Baroness Scott of Bybrook (Con)
We know that. Perhaps the type of landlord who does not register might be the type who could cause trouble. However, there is surely a way in which someone can remain anonymous with the regulator when checking. The regulator will pursue principal accountable persons who fail to come forward with information when it wants them to provide the information it requires. From October 2023, the regulator will be able to take enforcement action against principal accountable persons who fail to register their occupied higher-risk buildings. If found guilty, the penalty could be an unlimited fine or up to two years’ imprisonment. The noble Baroness might remember that, when the Bill went through, they were considered quite high tariffs.
I was asked how the regulator will make sure that all principal accountable persons come forward as well as fill in the forms. Over the next few months, the regulator will be leading a communications campaign and will be engaging with the sector with targeted messages to ensure that principal accountable persons are aware of the requirement for them to register their building and to come forward as that accountable person.
Lastly, the scope regulations, which were laid just before Christmas on 19 December, will come into force on 6 April. I perhaps have not answered all noble Lords’ questions because I was scribbling them down very fast, but I will look through Hansard and we will answer any that I have not answered.
Again, I thank the noble Baronesses for supporting the principle behind these regulations. They clarify the parts of a building for which individual accountable persons are responsible and set out the high-level information that must be provided to the Building Safety Regulator. Together, these measures support the Building Safety Regulator in creating a new, proportionate building safety regime that protects the safety of residents in higher-risk buildings.
Levelling-up and Regeneration Bill
Baroness Scott of Bybrook ExcerptsMonday 13th March 2023
(1 year, 1 month ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-V Fifth marshalled list for Committee - (13 Mar 2023)
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, the amendments in this group relate to scrutiny of combined county authorities. I think that we all agree that effective scrutiny of a combined county authority, as with any other local authority, is a key aspect in providing the strong accountability that we all wish to see. The noble Baroness, Lady Pinnock, is absolutely right: it is about not just scrutiny after the event but overview before the event as well, as any good local authority would be doing at the time. I also say this to her: the Bill makes provision for payments of allowances to local authority members who sit on overview and scrutiny, and audit, committees.
Noble Lords will be aware that Schedule 1 provides the underpinning processes for holding a combined county authority to account. Through Amendment 77 the noble Lord, Lord Shipley, wishes to put provisions in the Bill requiring a combined county authority to publish a report of an overview and scrutiny committee if that committee believes that publication of that report is in the public interest.
I reassure the noble Lord that Part VA of the Local Government Act 1972 provides powers to require the publication of reports of a committee or sub-committee of a principal council, including overview and scrutiny committees. Schedule 4 to the Bill amends Part VA of the Local Government Act 1972 to apply these provisions to combined county authorities. I hope that this provides sufficient reassurance to the noble Lord that further amendments in this area are not necessary.
Amendment 78 was tabled by the noble Baroness, Lady Taylor of Stevenage. We absolutely agree on the importance of overview and audit, as I have said. We recognise that it could be appropriate for representatives from district councils within a combined county authority’s area to be members of a CCA’s overview and scrutiny committee. However, our approach is that this issue of representation is best decided locally. The Bill provides for combined county authorities to invite representatives of district councils, along with other appropriate persons, to be members of their overview and scrutiny committees. The powers are already available to achieve what she seeks.
I recognise that the noble Baroness is perhaps seeking to place a requirement on combined county authorities to ensure that chairs of overview and scrutiny committees of district councils in the CCA areas have to be members of the CCA overview and scrutiny committees. As we have said many times, we prefer a localist approach of enabling those in the area the ability to form their scrutiny committees, rather than dictating this from central government.
Amendment 79 tabled by the noble Lord, Lord Shipley, seeks to prevent a combined county authority restricting the work of an overview and scrutiny committee without good reason. The provisions in this schedule mirror exactly for the combined county authorities the overview and scrutiny arrangements in place for combined authorities. It is important to ensure consistency in approach to robust accountability across all those authorities that have functions and funding conferred to them from the Government.
As with combined authorities and local authorities, combined county authorities are public bodies required by public law to act reasonably in making decisions. It is only right that each combined county authority should be able to decide its own overview and scrutiny committee operational arrangements which best match its local circumstances. This is what this provision in the schedule does.
These operational arrangements will be set out in a combined county authority’s local constitution, to which it and all its members are bound. As such, there is no requirement for this amendment. A CCA cannot withhold an overview and scrutiny committee’s powers. Without such proposals in place that have been consented to by all parties, overview and scrutiny committees will not be able to undertake their role effectively.
Amendment 80 was tabled by the noble Lord, Lord Carrington, who I thank for being the voice of rural committees, which are extremely important. This amendment seeks to give combined county authorities’ overview and scrutiny committees the ability to establish a rural sub-committee. I see that is very important for many county authorities, and I can confirm that the existing provisions enable a combined county authority’s overview and scrutiny committee to do this, should it wish. Paragraph 2(1) of Schedule 1 allows a CCA’s overview and scrutiny committee to appoint one or more sub-committees, and they could, of course, be rural sub-committees.
Amendments 82 and 83, tabled by the noble Lord, Lord Shipley, are about the chairs of overview and scrutiny committees and sub-committees. Schedule 1 sets out that a chair of a combined county authority’s overview and scrutiny committee has to be of a different political party than the mayor in the case of a mayoral CCA and of a different political party to the majority of members in the case of a non-mayoral CCA or an independent person. These amendments seek to provide an additional criterion that the chair cannot have been a member of the same political party as either the mayor or majority of members for a non-mayoral combined county authority for a period of five years prior to appointment.
While we agree with the noble Lord that overview and scrutiny committees are an important part of the accountability process, we believe this amendment to be an unnecessary extra hurdle. Potential chairs’ credentials should be treated on the basis of their current political membership, or lack of it in the case of an independent chair. This is a consistent approach throughout local government. There are no requirements to look back over previously political membership, and we do not think there should be one in these new arrangements.
Amendment 84, tabled by the noble Lord, Lord Shipley, looks to increase the minimum number of independent members of a combined county authority’s audit committee to three. The Government believe that devolution should be locally led, as I have said many times, and recognise that greater functions and funding must come with strong accountability. The Government’s policy approach is to allow each combined county authority the flexibility to decide its own operational arrangements for its audit committee to best match the arrangements to local circumstances. Currently, this allows CCAs to decide how many independent persons should be appointed to an audit committee, providing that there is at least one independent member.
The noble Lord, Lord Shipley, and the noble Baroness, Lady Taylor, brought up the issue of who will be the members of audit committees. The regulations that will establish combined county authorities will set out audit committee arrangements. They will provide that, where practical, the membership of an audit committee reflects the political balance of the constituent councils of the combined county authority. Membership may not include any officer from the combined county authority or the combined county authority’s constituent councils. We await that further information on membership. The amendment that the noble Lord seeks to introduce would take away some of this flexibility, which might not best fit the local circumstances of the combined county authority.
Finally in this group, the noble Baroness, Lady Taylor of Stevenage, tabled Amendment 85, which would place a duty on the Secretary of State to facilitate the sharing of best practice between overview and scrutiny and audit committees of combined county authorities. We recognise that sharing best practice makes an important contribution to the delivery of effective scrutiny functions across the local government sector as a whole. However, we believe that this works best where best practice sharing is locally led rather being a diktat from above.
When they are established, combined county authorities will become part of a broader local government framework and will receive support in developing and improving scrutiny functions. The existing combined authorities are already working together to share best practice between their organisations, including considering effective scrutiny. This includes via the M10 network, which is led by the combined authorities but which government engages with regularly.
Combined authorities are also supported in their work on scrutiny by the Centre for Governance and Scrutiny, which looks at specific challenges across all local government, including combined authorities, and works with them to enhance the effectiveness of their scrutiny. Once established, combined county authorities will also be able to operate and share best practice in a similar way to those authorities already in place. I hope the noble Baroness agrees that—
Baroness Taylor of Stevenage (Lab)
I hope the Minister will excuse me. I find that response about the sharing of best practice a little confusing. What we were trying to understand was how the work across the CCA picture nationally would be shared. I am not clear how that will work across the piece—across the country. There will, clearly, be the development of good practice in audit and scrutiny. Is it intended that that will sit within a framework such as, for example, the Local Government Association? Where will it sit, and how will those authorities be able to share what they are doing properly and effectively?
Baroness Scott of Bybrook (Con)
For a start, they will still be members of the Local Government Association, I assume, as will their members; so there is that route. As we have said, the combined authorities already in existence are already joining together themselves and sharing good practice. I would imagine that the CCAs and further combined authorities will also be doing that sort of sharing of best practice. The department will obviously keep a close eye on a new structure, work with those local authorities and be able to share any good practice from that as well. As usually happens with change, everybody wants to get together to see how it is going. I can give your Lordships an example of when I took a local authority to a unitary authority, and other authorities were going to unitary authorities at the same time. We all joined together and shared best practice. It did not have to be imposed on us; we did it as a matter of course. I think local government is good at doing that and will continue to do so into these new ways of working.
I hope the noble Baroness will agree that, as the work currently undertaken elsewhere should be locally led, there is no need to place a duty on the Secretary of State to facilitate the sharing of best practice between combined county authorities.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments covers a number of matters relating to combined county authorities, combined authorities and local authorities, including NHS functions, the conferral of additional functions on combined authority mayors, the fair funding review, trade union liaison and bus services.
I start with Amendments 89 and 90, tabled by the noble Lord, Lord Hunt of Kings Heath. Together, they would require the Secretary of State to publish reports on proposals for the devolution of health functions to authorities and subsequent reports at 24-month intervals. I hope I can reassure the noble Lord and other noble Lords that the existing provisions for reporting on the conferral of health functions on to a local authority, combined authority or combined county authority are sufficient. The regulations that would confer health functions on to a local area would be accompanied by an Explanatory Memorandum setting out why the functions are to be conferred. The regulations also require parliamentary approval, giving Parliament the opportunity to consider the impact of such a conferral of functions. Also, under Section 1 of the Cities and Local Government Devolution Act, the Secretary of State has to publish an annual report about devolution, including listing any functions—including health functions—devolved to areas in the preceding 12 months.
The noble Lord’s explanatory statements say that these amendments are intended to probe our
“commitment to transferring NHS responsibilities to local government”.
To clarify, our devolution legislation is enabling legislation. Where an area is interested in the conferral of health functions on to a combined authority, local authority or combined county authority, it is possible to do this via secondary legislation. To date, the only area that has taken up this opportunity is the Greater Manchester combined authority, as we have debated; however, in principle, other devolution bids can include these same requests.
Section 18 of the Cities and Local Government Devolution Act 2016 sets out which health functions can and cannot be devolved. As noble Lords have mentioned, the kinds of functions that can be devolved include the joint local commissioning of health services. In contrast, the kinds of functions that cannot be devolved include, as noble Lords might expect, health service regulatory functions vested in national regulatory bodies responsible for such functions. Let me be clear: the devolution of health functions does not alter the Secretary of State’s core duties in relation to the NHS. As this Government have consistently made clear, they are and remain a priority for us.
Amendment 91, tabled by the noble Baroness, Lady Hayman of Ullock, would require the Government to co-operate with trade unions representing employees of combined county authorities that have responsibilities for transport. I support the noble Baroness’s sentiment here that it is important that we engage with trade unions representing transport employees of CCAs. It will, however, be the combined county authority itself as the employer that will be involved in recognising and collectively bargaining with any trade union representing staff at that workplace.
The Secretary of State will not be party to that relationship. Therefore, placing an additional requirement on the Secretary of State to co-operate with a trade union representing those staff risks undermining the relationship between the combined county authority, as the employer, and the trade union. I do not think that this would be appropriate; it is for local agreement. More generally, the Secretary of State consults with a large number of groups, including trade unions, on issues that affect local transport in combined county authority areas.
I shall move on to the Clause 58 stand part debate. Turning to the issues raised by the noble Lords, Lord Hunt of Kings Heath, Lord Shipley and Lord Bach, and other noble Lords, including the noble Baroness, Lady Hayman of Ullock, Clause 58 introduces a new process enabling mayors of combined authorities to take on new public authority functions via a request to the Secretary of State to deepen devolution, in order to remove barriers and give our local leaders more powers to drive the economic, social and environmental improvements locally that their residents, businesses and areas need. It is, however, deliberately limited in scope.
The provision relates only to the transfer of other public authority functions; namely, those currently carried out and funded by organisations other than local authorities such as government departments or their agencies. It makes no change to the consent regime for the transfer of local authority functions, as set out in the Cities and Local Government Devolution Act 2016, because we fully recognise that local agreement is key to successfully transferring such functions either to be delivered across a wider geographical area by a combined authority or, in some circumstances, to be exercised by the mayor individually.
We have also included an additional safeguard on the use of this provision to make sure that the voice of local authorities is still heard. In making any request for new functions to the Secretary of State, mayors will need to set out the views of their constituent councils and then provide a rationale for proceeding, if any of them disagree. More broadly, this clause also retains the long-established principle that we have had for all combined authority legislation that deepens devolution through new powers; that is, that it must be subject to what has often been referred to as to the triple-lock of consents. It must be consented to locally—in this case, by the mayor with the input from the constituent councils—agreed by the Secretary of State and approved by Parliament. I hope my explanation provides noble Lords with further information such that they could reconsider their opposition to this clause.
On Clause 59, raised by the noble Lords, Lord Bach, Lord Hunt of Kings Heath and Lord Shipley, and many others, the levelling up White Paper, which was consulted on widely, included reference to mayors of combined authorities taking on police and crime commissioner functions where policing boundaries were coterminous with those of the combined authority. It also committed the Government to taking steps to remove the barriers to more combined authority mayors taking on PCC functions. Clause 59 amends the existing provision by removing the requirements of consent from the combined authority and its constituent councils to the transfer of the PCC functions to be exercised by the mayor. This will enable the Secretary of State to make an order providing for a combined authority mayor to take on PCC functions for the combined authority’s area, subject to mayoral consent only.
PCC functions can be exercised only by the mayor. Combined authorities and their constituent councils have no role in the exercise of PCC functions. Therefore, the clause makes it clear that only mayoral consent is required for a transfer. These changes are designed to enable more mayors to take on PCC functions where this has been agreed; for example, within a devolution deal, in line with our White Paper commitment. The transfer of PCC functions to a combined authority mayor would not only preserve the democratic accountability established by the PCC model but can also offer wider levers to prevent crime. Powerful local mayors—
Lord Bach (Lab)
I am sorry to interrupt the Minister. I thank her for what she has said so far, but I want to ask her why there is no need for consultation of any kind under Clause 59. She praised the consultation that was necessary under Clause 58 and made it part of her argument. Why is there none in Clause 59?
Baroness Scott of Bybrook (Con)
My Lords, that is because, as I said, the role of the PCC does not impinge on the roles of the constituency councils. It is purely a role for the mayor. When you are looking at things to do with health, you are probably including the care roles of many councils.
Lord Bach (Lab)
Each district council has to have a community safety committee, which is made up of district councillors, others and the local police—it is very much involved in policing. As has been said earlier, and used as an argument by the Government, every police and crime panel must have someone from each district council in the police force area. There is a clear link between the constituent councils. Given that link is so important, how can the Minister really argue that on Clause 58 consultation is necessary but on Clause 59 it has nothing to do with the districts or the county?
Baroness Scott of Bybrook (Con)
I did not say it has nothing to do with the districts or the county—
Baroness Pinnock (LD)
I apologise to the Minister. I just thought I would add to the questions now and not interrupt further.
Is this an admission by the Government that the current system of independently elected police and crime commissioners has not been effective? I cannot think of any other reason why the two separate roles should be combined unless it is felt that the separate role of the police and crime commissioner has not been as effective as the Government wished.
Baroness Randerson (LD)
In the interests of making life easier for the noble Baroness, perhaps I could add my question. What assessment have the Government done of the crossover of funding between local authorities and police services for community safety work and partnerships? That is a frequent model. When the noble Baroness says that the police and crime commissioner role has no impact on local authorities, surely, that funding flow is relevant.
Baroness Scott of Bybrook (Con)
I did not say that the councils do not have any concerns or interest in the role of the PCC. Of course, they do, as we have heard, with community safety committees et cetera. What I said was that the councils do not deliver any of the services required by the PCC. That is the job of the local police. Therefore, there is no crossover in that way.
Baroness Taylor of Stevenage (Lab)
I do not know where that information has come from about councils not delivering community safety-related services. It is just not the case. We look at anti-social behaviour; we look at domestic abuse. In my own local authority, we have a very big and effective domestic abuse service, and we work with our colleagues in the police. We have issues related to local area policing. We set our priorities with our local policing teams and deliver services jointly to address those priorities. I could go on—I know the noble Baroness will know some of this from her own experience in local government. It is just not the case that local government does not deliver community safety services in the same way that we deliver health prevention services and so on.
Baroness Scott of Bybrook (Con)
I think we are going to disagree on this, and there is a fine line. I also want to answer the questions from the noble Lord, Lord Bach, that I did not answer at Second Reading, for which I apologise—I am conscious of that—but because the amount of information I have is not sufficient to answer them today, I will write to him and talk to Home Office colleagues as well, because I think it is important we get their views. I will also write more about the responsibilities of the PCC and the local authorities, because it is important that we get this right and that noble Lords understand the reasons why we are doing this.
Baroness Pinnock (LD)
I am struggling with this logic. The combined authority mayor can appoint a deputy to be responsible for police and crime, but the elected mayor will take the accountability if things go wrong. Why, then, can we not have an elected police and crime commissioner? That is the logic of what the Minister is saying.
Baroness Scott of Bybrook (Con)
That is not the logic. It is an opportunity for the directly elected mayor to be able to join up all these issues within their geographic area and deliver more joined-up services by working with others.
Lord Scriven (LD)
Do the Government therefore suggest that, at a local level, a council leader could appoint their own cabinet rather than taking from elected councillors? That is the logic of what the Minister is saying.
Baroness Scott of Bybrook (Con)
That is not the logic. It takes the whole issue too far. Cabinet members will come from the elected members. That is required in the legislation.
Baroness Hayman of Ullock (Lab)
The one thing that this has not answered is the issue of the politics, looking at the West Midlands. Does the Minister not think that, if a mayor can appoint a deputy mayor to take over the PCC functions and the existing PCC is then not there, that deputy should be of the same political persuasion as the elected PCC? The people voted for someone from that party, that part of the spectrum. Should it not be specified if that is the direction that the Government are going in?
Baroness Scott of Bybrook (Con)
No, I do not think so. I will make it very clear: these amendments are nothing to do with the West Midlands. These amendments were in the White Paper a number of years ago and were fully consulted on. I will take the noble Baroness’s point, but that is not what normally happens. You would normally have one of your team as a deputy mayor responsible for one thing or another, as you do in London. In this case, it could be for police and crime. I do not know what West Yorkshire will do.
I would also add that Parliament’s approval is needed for a combined authority to take on any new function. PCC functions can be conferred on a combined authority mayor by secondary legislation only, which needs parliamentary approval before it can be made.
Finally in this group is Amendment 469, tabled by the noble Baronesses, Lady Pinnock and Lady Randerson. This would confer new powers on local authorities to run their own bus services, which we believe is premature. The national bus strategy states that the Government would review whether it remains right that local authorities cannot set up new bus companies. Any consideration of change to the operation of the local bus market needs to be conducted in an orderly manner, with all views and potential impacts, positive and negative, considered. We therefore intend to wait until the review of the bus strategy comes out.
Baroness Pinnock (LD)
Following the Minister’s earlier remarks about the mayor being able to appoint a deputy to be responsible for policing, I was wondering: are there powers for them to appoint a deputy to be responsible for buses?
Baroness Scott of Bybrook (Con)
I do not know about buses, but I imagine that there may be the ability for a mayor to appoint somebody to be responsible for transport in a large area. I will check that, but I am sure that it is within their powers. It is probably a very good thing to have in large geographical area, as the mayor cannot do everything in detail there. I hope that that satisfies noble Lords.
Baroness Taylor of Stevenage (Lab)
I have a question on the issue of buses. We have seen millions of bus miles removed from the system altogether. The noble Baroness, Lady Randerson, has very carefully and thoroughly articulated why they are so essential. It is really important that we get this bus strategy as quickly as possible so that we can start to get a sense of how local authorities can play a part in restoring some of the bus services that we have lost. Can the Minister give us any idea of how quickly that will come about? It would seem that the Bill is an ideal opportunity to put that into place. Otherwise, we will have to go through the same discussions again in a few months, a year or two years’ time to give local authorities that power. Why not use the Bill as the ideal opportunity to reinstate what we used to have back in the day? I remember a very good bus service in my own area before the powers were taken away from councils.
Baroness Scott of Bybrook (Con)
This is the responsibility of the Department for Transport. I will be in touch with the relevant Minister to explain the Committee’s deep concern about the issue of bus services and say that an early solution to this would be considered appropriate by the Committee. I will also find out how long it will be before we get this strategy in place. I will write that at the end of the letter, which will go to all noble Lords in Committee. I hope that noble Lords will withdraw their amendments.
Lord Hunt of Kings Heath (Lab)
My Lords, this has been an interesting debate. The Minister made an interesting comment at the end when she said that basically a lot of the services we are talking about are the responsibility of other government departments. That seems to me to go to the heart of one of the problems of this legislation: is it not about devolution at all. If it were really about devolution, the Government would have a concerted approach to widespread devolution, which of course would involve bus services. It is a ludicrous proposition that under this grand new devolution and regeneration system you cannot run your own buses.
On health, what the Minister said was helpful up to a point in that she said there is no legal impediment to what is happening in Greater Manchester being extended, but I do not see any drive whatever. What I see is her own department taking a depressingly narrow view of what local government should do instead of embracing the whole government machinery to say, “We are serious about this.”
The clarification on Clause 58 was very helpful, and I am very grateful to the Minister. On Clause 59, I am pretty speechless. I spoke for the Opposition when the concept of police commissioners was coming through. We opposed it. Frankly, I still have great reservations about the system. My noble friend was an excellent example but, my goodness me, the evidence of poor behaviour by some police and crime commissioners is legion. None the less, we were promised directly elected police commissioners, that the public would decide who was going to be the police commissioner and there would then be accountability through the ballot box, but it seems that this is not to apply now in a number of places. From what the Minister said, it seems that the principle of coterminosity applies to many parts of the country in terms of future mayors and police commissioner areas.
I shall make two points. You cannot exclude local authorities. They form the police and crime panel. They have a direct interest in the precept which is set and have to consult on it. It is a big move to get rid of the police and crime commissioner and simply give it to the mayor—we know the mayor will appoint a deputy and will not really be accountable because the mayor has got other things to do—without consulting the constituent local authorities which play an important role in this whole area, not just in sitting on the police and crime panel. If we are serious about wanting our criminal justice system to be more effective, the local authority has a pivotal role to play in working with the police at local level.
I urge my noble friend on the Front Bench to bring this back on Report because I believe we should take out this clause. Having said that, I beg leave to withdraw the amendment.
Levelling-up and Regeneration Bill
Baroness Scott of Bybrook ExcerptsMonday 13th March 2023
(1 year, 1 month ago)
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Baroness Pinnock (LD)
I thank my noble friend Lord Shipley and the noble Baroness, Lady Taylor of Stevenage, for raising issues in detail regarding mayoral names—or not—and some aspects of elections and powers, because that points to the fact that although we have a very long Bill with a huge number of clauses, a lot of the detail is insufficient for us to understand completely what the Government seek to do and how they hope these new CCAs and mayors—or not mayors—will operate.
An important issue is in Amendment 103, about what happens if the current mayor stands down for whatever reason. That would be worth knowing for all of us who live in combined authorities.
The second important thing is about the scrutiny of deputy mayor appointments. One would hope that a panel of members who are not of the same party as the mayor would interview and scrutinise the appointment of the person, who will have significant powers conferred on them simply because they are a mate of the mayor; that never seems appropriate. There are a number of other probing amendments in this group, including that of my noble friend about “governors”. It will be interesting to hear what the Minister has to say, but it points to the fact that the Bill has not been as well thought through as it might have been.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, this group of amendments relates to some detailed mayoral matters including by-elections, the scrutiny of mayoral appointments, police and crime commissioner functions, deputy mayoral roles and alternative titles for the mayor. I thank noble Lords who have taken part in this short debate.
Turning to Amendment 103 tabled by the noble Baroness, Lady Taylor of Stevenage, I assure her that there are provisions which will enable a by-election if the position of the mayor of a combined authority becomes vacant. Paragraph 3(d) of Schedule 2 provides that the Secretary of State may by regulations make provision about the filling of vacancies in the office of the mayor of a combined county authority. This would include provision for a by-election where that is the appropriate mechanism for filling the vacancy.
Baroness Pinnock (LD)
If I heard right, the answer to the question of what would happen if the mayoral position were vacant was that the Secretary of State would, by regulation, have the power to decide whether it would be filled by an election or not. What would the “or not” mean? Did I misunderstand that point?
Baroness Scott of Bybrook (Con)
No, the noble Baroness did not misunderstand. It is important that we wait for those regulations to come out. There could be a point where the mayor stood down a month before an election; there may be a period of time when there has to be a decision, as you would not have two elections close together. The regulations are what is important here. We will wait to see further detail that is being worked up, but I assure her that it is expected that there would be a by-election.
Lord Stunell (LD)
The Minister has mentioned that we should wait for the regulations. It might be helpful in this instance and several others if it were possible to bring forward some draft regulations to help us understand the direction of thought that the Government are taking. We are all well aware that, by the time regulations are laid before the two Houses, the opportunity for parliamentarians to make informed and useful comments will be very limited. A quick look at the Government’s direction of travel on this and, I may say, many other matters, in the way of draft or outline regulations would be helpful.
Baroness Scott of Bybrook (Con)
That is understood. I will take that back and do what I can; I will see what we have already.
On Amendment 115 tabled by the noble Baroness, Lady Taylor of Stevenage, I agree with her that the decisions of a mayor of a combined county authority should be—as I said earlier—subject to effective scrutiny, as should those of any leader of any council. Devolution should combine strong, empowered local leaders with strong accountability, but also transparency. The Government will publish a new devolution accountability framework to ensure that all devolution deals lead to local leaders and institutions that are transparent and accountable.
Schedule 1 provides that a combined county authority will be required to have at least one overview and scrutiny committee, as we discussed earlier, which can review and scrutinise decisions made or actions taken by the combined county authority and the mayor. The schedule provides that the Secretary of State may make regulations about the overview and scrutiny committee, including membership, voting rights, payment of allowances, chair, appointments of scrutiny officers, circumstances in which matters may be referred to the committee, and the obligations on persons to attend and respond to reports that the committee issues. This will ensure a robust framework within which overview and scrutiny committees will operate.
We think that this gives sufficient scope for local scrutiny on decisions taken by the CCA or mayor, such as the appointment of a deputy mayor by the mayor from among the combined county authority’s membership, if that is considered appropriate. I make it clear that the statutory deputy mayor will have to come from the members of the CCA—from those local authorities. It is not the same as a deputy mayor for police and crime, who could come from somewhere else, because they would possibly be required to have different experience and background. I hope that makes sense. It is quite important that we have those two deputies separated.
On Amendment 116, tabled by the noble Baroness, Lady Hayman of Ullock, we agree that information on funding should be available, and I can reassure the noble Baroness that that will be the case. Information on the funding available to a combined county authority and mayor will be in the public domain. The deal agreed between the Government and the area sets out both the funding arrangements and the powers to be conferred on the combined county authority and the mayor. The deal document is published and therefore publicly available. There must also be a public consultation locally on the area’s proposal to establish a combined county authority. We expect this to set out how the CCA will work and include the powers to be conferred on the CCA and the mayor and the funding available. The final proposal, which must be accompanied by a summary of the consultation, will constitute the formal submission to the Secretary of State seeking the establishment of the CCA.
In Amendment 117, the noble Baroness, Lady Hayman, probes whether there should be an annual summit of the CCA mayors. The existing combined authority mayors have themselves established the M10 group to enable them to work together. The Government engage with this group on a regular basis. We expect the M10 and the new combined county authority mayors to consider how best to work together. We think a locally led arrangement is better than a centrally imposed approach, and I expect it will evolve as more areas agree devolution deals.
In tabling Amendment 118 to Schedule 3, the noble Baroness, Lady Taylor of Stevenage, is seeking to prevent a combined county authority taking on part of the police and crime commissioner role. Schedule 3 provides further detail, setting out the matters on which the Secretary of State either may or must make regulations to enable a transfer of police and crime commissioner functions to a combined county authority mayor. It provides the framework and arrangements for the mayor to exercise these PCC functions on a day-to-day basis.
The amendment would limit the ability of the Secretary of State to determine an appropriate limited scope to the conferral of PCC functions to combined county authority mayors. Combined county authority and combined authority mayors should have parity where possible to ensure that all areas of England have the same options. The schedule achieves this consistency by mirroring the scope of regulations that govern the conferral and exercise of police and crime commissioner functions by combined authority mayors, as set out in Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009. The amendment would create an inconsistency between the schedule governing the making of regulations related to combined county authority mayors’ exercise of PCC functions compared with its equivalent for combined authority mayors, leading to unnecessary inconsistency in the legislative framework for the PCC model.
Baroness Taylor of Stevenage (Lab)
I am still a bit confused about this. The Bill says that some mayors taking on police and crime commissioner powers can take certain powers to themselves and others can take others, so you end up with a picture around the country where they have different powers in different places. That was my concern, not that there would be an inconsistency between police and crime commissioners and mayors. What I wanted to understand with the amendment was whether, if the powers of the police and crime commissioner are transferred to the mayor, they will all be transferred. We do not want a different picture around the country depending on which powers of the police and crime commissioner have been moved over.
Baroness Scott of Bybrook (Con)
All the powers will go. There will not be half a PCC left. Does that make sense?
Amendment 119, tabled by the noble Baroness, Lady Taylor of Stevenage, seeks to allow the person appointed as statutory deputy mayor of the combined county authority to also be appointed as the deputy mayor for policing and crime. Schedule 3 prevents this because the deputy mayor and deputy mayor for policing and crime are two distinct, separate, and weighty roles. The role of the statutory deputy mayor is to step in and act as mayor should the mayor be unable to act or if the office of mayor is vacant for a time, as well as assisting across a whole range of general mayoral functions where applicable.
The deputy mayor of a combined authority is typically also a council leader, and we anticipate this will likely also be the case in combined county authorities. This would mean that this person is already accountable for the decisions and activities of the council they lead, in addition to their combined county authority responsibilities, where they will be accountable collectively, and possibly personally, for some of the CCA decisions, including personally for the mayor’s functions if the mayor cannot act. The role of the deputy mayor for policing and crime is to dedicate constant focus and attention to crime and policing and is usually a full-time role. Clearly, both the roles of deputy mayor and deputy mayor for policing and crime are significant and we believe that they should remain separate and distinct.
Amendment 124, tabled by the noble Lord, Lord Shipley, seeks to allow CCA mayors to be called by their choice of alternative title. Clauses 40 and 41 already enable mayoral combined county authorities to resolve or choose to use an alternative title to “mayor” for their directly elected mayor. They can choose from a shortlist of titles listed in the Bill, or a different title not on the list, having regard to other titles used in the area. I understand where the noble Lord is coming from regarding the fact that the title “mayor” is beginning to take on some level of credence within the country, but if you come from a particularly rural county area—I counted last night that where I was leader of a council, we already had 16 mayors—an elected mayor would be confusing for some people. The role of a mayor in some rural areas is seen as a civic role, rather than a leadership role, which is very different.
Lord Shipley (LD)
I say to the Minister that the problem applies in urban areas too; it is not specifically a rural issue. If you look at Merseyside and Liverpool, you will see a mayor, a ceremonial mayor and a combined authority mayor—you have three already. The public work with that, but what I am challenging is whether people being able to choose their own title for their area will not be more confusing, because if you use the word “governor” or a variation on that theme, the question then arises: “What are those powers?”. People at least have some idea what a combined authority mayor is actually about.
Baroness Scott of Bybrook (Con)
These decisions, as with many, have to be taken locally because local people will understand better than anybody what is right for their area. I have given the Committee my personal views from when we were considering mayors—I just thought it would be confusing.
Lord Stunell (LD)
I approached it from the opposite direction: if indeed it should be a matter for local people to decide because they are best equipped to understand what terminology might be appropriate, why does the Minister feel that it is sensible or suitable to have a defined list from which they must choose, rather than doing exactly as she said by exercising their discretion in relation to their own area and locality?
Baroness Scott of Bybrook (Con)
It is not a defined list, as I said. There is a list which I assume probably came from consultation on the White Paper, and things that people have already said they might like to use. They can choose from that shortlist, but they can also have a different title that is not on the list. The choice is theirs.
Baroness Taylor of Stevenage (Lab)
I thank the Minister for her detailed responses and the other noble Lords who have taken part in the debate. The noble Baroness, Lady Pinnock, mentioned that the detail in the Bill is insufficient on how CCAs operate. That goes to the heart of a lot of these amendments. We have tabled a lot of probing amendments to try to find out some of the detail about how all this is going to work.
In relation to Amendment 103 and the appointment of deputy mayors, in local government we have an appointments committee, as the Minister will know, which oversees the appointment to local authorities of any senior post. When we tabled the amendment, we had not understood that it was going to be essential that the deputy mayor would be one of the councillor members of the CCA. I hope that we have been able to clarify that through the submission of this amendment.
Matters of governance and constitution are essential. I would normally say I understand that we have to wait for regulations, statutory instruments and so on, but as this will be such a major change for our areas, it is important that both the local authorities and the members who will enact this legislation—and the members of the public who are going to live in the new CCA areas—understand in great detail how it is going to work before we go into the new system. The noble Lord, Lord Stunell, made a comment about having some draft regulations in front of us before we get to the end of the Bill. That would be incredibly helpful.
On provisions for by-elections, I understand the Minister’s comments about that being in the schedule. However, it sounds as if it will be a little in the hands of the Secretary of State as to whether to call for an election. That gives me a bit of concern because if a local councillor resigns midterm, you have to hold a by-election if the members of the electorate call for it. Unless it is very close to an upcoming local election, you have to do that between elections. I do not see any problem with having something further in the Bill so that we could understand how that works. It would be the same process, in effect, as for a local councillor.
On Amendment 115, I understand the responses. But would the accountability include the PCC or the mayor as PCC? The Minister mentioned a whole raft of accountabilities that the mayor comes under. Would it include the PCC and the mayoral role as PCC? I would like to understand that a little better. Is the whole policing element of the mayor’s role going to be undertaken a bit under the radar, as it is now, by a local policing committee?
On Amendment 116, the noble Baroness said that the deal agreed sets out the funding arrangements and that it is a public document. It was helpful to have that clarified. Her response to Amendment 117 was that there is an existing body, the M10 group of CCA mayors, and it is helpful to know that the Government expect mayors to participate in some kind of forum.
On Amendment 118, the schedule sets out the functions. Thanks to the responses we have had, we now know that they would be the same options, whether it was going to be a police and crime commissioner or the mayor undertaking those duties. I want to just ask one further question: does that mean that the deputy mayor for crime and policing does not have to be a councillor member of the CCA? Could that person be just appointed from outside the CCA? We would take an interest if that was the case.
On the list of titles, we just disagree. The amendment states quite clearly that we think it should just be left to authorities to determine that; there is no need for a list of titles on the face of the Bill. We have been told over and again that we do not need so much detail in the Bill, but in this case we have a whole list on the face of the Bill that we think is entirely unnecessary.
I am grateful for the points about communication because it is really important that, with a new system like this, the public understand exactly what is happening. If there is to be change to the title that should be communicated. “Communicated” is not as effective as I would like it to be. I would like them to be consulted on it, but communication is better than nothing.
That said, I am happy to withdraw my amendment for now. I stress the point that the noble Lord, Lord Stunell, made about having some draft regulations in front of us so that we can understand very clearly exactly what the provisions are. If the noble Baroness could write to us about the issue of the deputy mayor with responsibility for police and crime functions and whether that person is going to be a councillor or not, that would be helpful.
Baroness Scott of Bybrook (Con)
I am happy to answer that straight away. That person does not have to be a councillor. The statutory deputy mayor needs to be a councillor and the police and crime one does not.
“(4) Until the coming into force of paragraph 5 of Schedule 8 to the Elections Act 2022 (amendment of paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to candidacy rights of EU citizens), sub-paragraph (3) has effect as if for the definition of “qualifying citizen” there were substituted—““qualifying citizen” means a person who is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union, within the meaning given in section 79 of the Local Government Act 1972;”.” Member's explanatory statement
This amendment reflects the fact that the definition of “qualifying citizen” in paragraph 7(3) of Schedule 2 follows the definition of that term in paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 as amended by paragraph 5 of Schedule 8 to the Elections Act 2022, which is not yet in force. It therefore ensures that the definition in the Bill tracks that in the 2009 Act while the amendment to the latter by the 2022 Act is not force.
Baroness Scott of Bybrook (Con)
My Lords, we have tabled a number of consequential, minor and technical amendments for combined county authorities. The consequential amendments are to existing legislation, to ensure that it applies to combined county authorities where necessary. This will mean that the CCA model can work in practice as a local government institution. It will also mean that CCAs have parity with combined authorities where it is required to make the model a viable alternative to areas with two-tier local government.
The other minor and technical amendments are to amend the Bill to update references to legislation that gained Royal Assent in 2022, including the Elections Act and the Local Government (Disqualification) Act, which will affect the combined county authorities. Though they amend other Acts, these amendments do not extend provisions any further than the remit of the previous clauses. Given their importance to enabling the combined county authority model to work effectively in practice, I hope noble Lords will support these amendments.
Lord Stunell (LD)
I will speak very briefly; I will certainly not debate with the Minister all 35 amendments. I am taking on a brief inspection that these are indeed just minor and consequential. I want to use this as the opportunity to say that the Minister has written to us today, advising us of a whole range of further amendments that the Government will table. While most of them flow from the debates we have had so far, one particular amendment relating to the building safety regulator is completely off-piste, as far as I can see. In responding, can the Minister—perhaps being grateful for me not debating all 35 amendments—assure us that sufficient time will be given for us to think through some of the new amendments the Government have tabled today?
Baroness Taylor of Stevenage (Lab)
I am sure that the Minister will be pleased to know that I too will not debate all 35 amendments. They are largely consequential and drafting amendments. I noted that, earlier in today’s debate, the noble Earl, Lord Howe, referred to the consultation provisions contained in Amendments 151 and 152, so we will have a closer look at those, and we may write to the Minister, the noble Baroness, Lady Scott of Bybrook, if we have any further concerns on that.
I have one tiny question—forgive me: I know that it is late—on Amendment 143. The proposed new paragraph 7ZB in Schedule A1 to the Planning and Compulsory Purchase Act 2004 states:
“If the Secretary of State … thinks that a constituent planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and (b) invites the combined county authority to prepare or revise the document, the combined county authority may prepare or revise (as the case may be) the development plan document.”
I do not necessarily need an answer now, but I would be grateful if the Minister could write to me. Is it the Secretary of State or the constituent planning authority who invites the CCA to intervene in the preparation or revision of the document? That was not clear. The amendment also makes provision for the CCA to charge the non-constituent authority for work done on the development plan. Would those charges be agreed between both parties in advance, subject to a fee scale or limited fixed charges? I ask that question because it may be that the financial position of the constituent planning authority was the reason for the delay in the first place. It may be that, either in preparing the plan or if the recruitment of planning staff in the area is difficult, the authority is not in a position to increase salaries and so on, so if there were to be a massive charge to it from the CCA, that might be an issue. I am happy to take a written response to that question in due course.
Other than that, I have no questions or comments on the amendments.
Baroness Scott of Bybrook (Con)
I thank the noble Baroness for her offer; I would prefer to give a written answer to that question, because it was quite complicated, and I do not want to give the wrong answer.
On the question of sufficient time for the new government amendments, I will ensure that I talk to the usual people to give plenty of time for noble Lords to look into them, because they were more substantive than this group of amendments. Saying that, I beg to move.
Member's explanatory statement
This amendment and the amendments in the name of Baroness Scott of Bybrook at page 259, line 25, page 259, line 27 and page 259, line 28 correct drafting errors, in that references to various kinds of regulations should be references to various kinds of order.
Member's explanatory statement
This amendment is consequential on the second amendment in the name of Baroness Scott of Bybrook at page 260, line 10.
International Women’s Day
Baroness Scott of Bybrook Excerpts(1 year, 2 months ago)
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Baroness Scott of Bybrook
That this House takes note of International Women’s Day and steps to support the education of women and girls in the United Kingdom and worldwide.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, it gives me great pleasure to open this year’s International Women’s Day debate, but before I proceed further I am sure noble Lords will join me in offering our deepest condolences to the family of the late noble Baroness, Lady Boothroyd, who was a great stalwart—the first female Speaker of the House of Commons and a noble friend of this House. It is only fitting that we acknowledge and pay tribute to the amazing legacy that Lady Boothroyd leaves behind. I am also very much looking forward to hearing my noble friend Lady Lampard’s maiden speech today. I welcome her to this House and look forward to working with her in future.
We recently marked the one-year anniversary of Russia’s unprovoked invasion of Ukraine. It is important to reaffirm the UK’s continued support for the people and Government of Ukraine. I have been lucky enough to have the opportunity to meet the Ukrainian community in London a number of times and have been so inspired by the strength and resilience of the woman and children so sadly displaced by this atrocious war. I send our thoughts and prayers to them today and say that we are with them in their struggle. As part of our £220 million package of humanitarian assistance to Ukraine and longer-term development programming, we have worked to prioritise the protection and inclusion of the most vulnerable and hard-to-reach, including women and girls.
I am pleased that the UK continues to demonstrate leadership and commitment to championing the hard-won rights of women and girls as set out in the FCDO’s new International Women and Girls Strategy 2023 to 2030 announced on 8 March. This strategy sets out how we will use the full weight of our diplomatic and development offer to put women and girls, in all their diversity, at the heart of everything we do. The strategy sets out five new principles. They are: we will stand up and speak out for women’s and girls’ rights and freedoms on the global stage and in our bilateral relationships; we will embolden and amplify the work and voices of diverse grass-roots women’s organisations and movements; we will target investment towards the key life stages for all women and girls to secure the greatest life-long and intergenerational impact; we will act for and with all women and girls impacted by crises and shocks; and we will strengthen systems—political, economic and social—that play a critical role in protecting and empowering all women and girls. The FCDO will channel activity into three priority areas: educating girls; empowering women and girls; and championing their health and rights and ending gender-based violence against women and girls.
The 67th session of the UN Commission on the Status of Women is well under way in New York. This is the biggest event of the global calendar on women’s rights and gender equality. The priority theme for 2023 is innovation and technological change and education in the digital age for achieving gender equality and the empowerment of all women and girls. The digital age holds exciting opportunities for the advancement of gender equality around the world, but we must ensure that no one gets left behind, that women and girls are supported to participate meaningfully and that technology-facilitated gender-based violence is responded to and prevented. I am delighted that the UK is co-hosting a side event on this important subject at the UN Commission on the Status of Women. I am also very pleased that my noble friend Lord Ahmad is leading our delegation to CSW this year. His programme includes side events to discuss issues in detail and bilaterals with partners, both within the UN system and from other countries. We welcome the opportunity to engage with global partners on this important agenda and value our engagement with civil society as part of the process.
Throughout the world, International Women’s Day is celebrated in numerous ways. There are events in local and regional communities and debates across countries, much like the ones taking place in your Lordships’ House, and it is an honour to be just one part of these celebrations. Equally, it is important to acknowledge that these celebrations take place against a backdrop of a growing cost of living crisis, which is disproportionately impacting on women. The Government understand that people are worried about the cost of living challenges ahead. That is why decisive action has been taken to support households across the UK, with a package of measures to help ease the burden while remaining fiscally responsible.
This year’s International Women’s Day global theme is “DigitALL: Innovation and technology for gender equality”. A key facet of that is education, which is one of the key pathways towards achieving gender equality and remains a global priority. This Government have put education at the heart of their agenda, and I am pleased to support their efforts in this area. I am also pleased to have the opportunity to highlight the progress that this Government have made in the UK and around the world more widely to advance gender equality.
Girls’ education is a top international development priority, and the UK is committed to standing up for the right of every girl everywhere to access 12 years of quality education. From 2015 to 2020 the UK supported 8.1 million girls to gain a decent education. The UK committed to tackling the global education crisis through the Girls’ Education Action Plan 2021 and through two G7-endorsed global objectives: to get 40 million more girls in school and 20 million more girls reading by the age of 10 by 2026.
Here in the UK the Prime Minister, in his first speech of 2023, set out his ambition of ensuring that all school pupils in England study some form of maths to the age of 18. That reflects his mission to ensure that more children leave school with the right skills in numeracy and literacy.
We are helping our children and young people achieve their potential and recover from the impact of the pandemic. That is why we have made available almost £5 billion for education recovery, with many programmes—including the recovery premium, the National Tutoring Programme and the 16-to-19 tuition fund—focused on helping the most disadvantaged.
As society grows its digital economy, it is critical that we position women to be successful within that economy. This Government have made significant progress in increasing the number of girls studying STEM subjects, and we are keen to do more to get women into STEM careers to meet the demands of today’s workforce. Girls represented 44% of all STEM A-level entries in 2021. The proportion of women entering full-time undergraduate courses taking STEM subjects increased from 33.6% to 41.4% between 2011 and 2020.
However, in 2020 women made up only 29.4% of the STEM workforce in the UK and, worryingly, many of those women leave the workforce because they take time out for caring reasons and find it difficult to return. This Government are clear that the careers of talented women should not be held back because they take time out of work to care for loved ones. That is why, on International Day of Women and Girls in Science, 11 February, we launched a new pilot to support parents and carers back into STEM roles. The STEM ReCharge pilot builds on insight from the 25 returner programmes that the Government have funded across the private and public sectors.
That brings me on to the topic of women’s economic empowerment. As part of our international women and girls strategy, we are using our influence to encourage the international community and our multilateral partners to scale up their focus and activities on women’s economic empowerment. The UK has successfully included gender provisions in all our free trade agreements newly negotiated since leaving the EU. Our FTAs with Australia and New Zealand contain dedicated trade and gender equality chapters. They complement important provisions secured across the agreements—for example, on non-discrimination in the workplace, promoting women’s access to digital trade and supporting women-owned small and medium-sized enterprises. Our She Trades Commonwealth initiative has helped more than 3,500 women-led businesses since 2018, including in Ghana, Kenya and Nigeria, creating over 6,000 jobs.
Domestically, the government-backed task force on women-led high-growth enterprise was established to support women entrepreneurs, tackle investing barriers, challenge outdated gender stereotypes and increase the number of women-led high-growth businesses. This measure is driven by the Government’s ambition to increase the number of female entrepreneurs by half by 2030, equivalent to 600,000 new entrepreneurs. I am proud that such initiatives and others, such as flexible working and parental leave, will help achieve a considerable decline in the gender pay gap, which over the last decade has fallen from 19.6% to 14.9%, with the percentage of women in employment going up from 66.5% to 72.3%.
This Government’s commitment to improving the cost, choice and availability of childcare for working parents is central to this, especially as we know that unpaid care work, especially when it comes to childcare, is disproportionately done by women. We have spent over £3.5 billion in each of the past three years on our early education entitlements to support families with the cost of childcare. We know the sector is facing economic challenges, similar to the challenges faced across the economy, so we have already announced additional funding of £160 million in 2022-23, £180 million in 2023-24 and £170 million in 2024-25.
In addition to the action that we have taken to increase women’s economic participation, it is imperative that every woman is able to live without fear of harassment or violence, in the workplace as much as anywhere else. The Government are supporting the Worker Protection (Amendment of Equality Act 2010) Bill, introduced by the honourable Member for Bath. That Bill will strengthen protections for employees against workplace harassment, and I am delighted to say that it passed Report and Third Reading in the Commons on 3 February.
Online safety and digital access are key to achieving gender equality in today’s workforce. The ground-breaking Online Safety Bill delivers the Government’s manifesto commitment to making the UK the safest place in the world to be online. This new legislation will tackle criminal activity online, protect children from harmful and inappropriate content, particularly given the rise in misogyny, and promote greater transparency and accountability for platforms.
Gender-based violence threatens the lives and well-being of girls and women and girls in all their diversity around the world, and prevents them accessing opportunities such as education, healthcare and employment, which are fundamental to their freedom and development, education, healthcare and jobs. I am proud that the UK is recognised internationally for the Preventing Sexual Violence in Conflict Initiative, committing £60 million to prevent and respond to conflict-related sexual violence since 2012. In November last year the UK hosted the PSVI international conference in London with over 1,000 delegates, including survivors, civil society, multilateral partners and representatives from at least 57 countries.
We also launched a new political declaration and secured endorsements from 53 countries and 40 national commitments; and published a new PSVI strategy, backed up by £12.5 million of new funding, outlining the Government’s approach to preventing and responding to the appalling crimes of conflict-related sexual violence. Domestically, though, we are still reeling from the abhorrent crimes committed by David Carrick. It is only right that he now faces at least 30 years behind bars.
The Tackling Violence against Women and Girls strategy, published in 2021, is helping to target perpetrators better and support victims and survivors of gender-based violence. It was followed in March 2022 by the Tackling Domestic Abuse Plan, which commits to investing over £230 million of cross-government funding into tackling these crimes.
Improving women’s health outcomes and reducing disparities is a key priority for this Government and an important driver for economic growth. The first government-led Women’s Health Strategy for England marks a reset in the way in which the Government are looking at women’s health. For generations, women have lived with a health and care system that is mostly designed by men, for men. The strategy sets out our 10-year ambition for boosting the health and well-being of women and girls, and for improving how the health and care system listens to all women.
The appointment of Dame Lesley Regan, the first Women’s Health Ambassador, underlines this Government’s commitment to putting women at the heart of health services. Implementation of the strategy will ensure, among other things, better support for women experiencing menopausal symptoms, leading to better diagnosis and treatment of diseases such as endometriosis, which affects one in 10 women. It will, helpfully, also remove additional barriers to fertility services facing female same-sex couples.
As I said in my opening remarks, I am proud to participate in today’s debate surrounded by so many champions for gender equality. I am proud of the work that this Government are doing to support women in all their diversities, in all areas of their lives, but I recognise that there is much more to do. I beg to move.
International Women’s Day
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Baroness Scott of Bybrook
That this House takes note of International Women’s Day and steps to support the education of women and girls in the United Kingdom and worldwide.
Lord Mair (CB)
My Lords, I will take the opportunity of this International Women’s Day to emphasise the vital importance of educating and attracting more women and girls into engineering.
The UK has a real shortage of engineers and there is a pressing need to diversify our engineering workforce. According to recent analysis by EngineeringUK, only around 15% of engineers are women. The supply of UK engineering skills has largely stagnated in recent years. In higher education, the proportion of students studying it has remained at around 5% for 15 years. UCAS data on university application and acceptance figures for the 2020 cycle shows that women represent just 18% and 16% of accepted applications to engineering and computing degrees respectively. At the current rate of progress, gender parity among entrants to engineering degrees will not be achieved until 2085. The number of young people starting engineering and manufacturing apprenticeships has also been in decline.
The UK is not unique in this. There is a global skills shortage in engineering; there are simply not enough engineers to tackle pressing global challenges, such as climate change. Engineers play a hugely important role in shaping the world we live in, not least in the engineering response to the Covid-19 pandemic and in helping us reach net zero emissions by 2050, so it is even more important that the engineering profession reflects the whole society it seeks to serve.
Over the last five years, the Royal Academy of Engineering has made it a particular mission to show what engineers and engineering really look like, changing public perceptions of engineering and inspiring a new generation to choose it as a career. The academy’s digital This is Engineering campaign aims to inspire young people from all backgrounds to consider engineering as a career.
The All-Party Parliamentary Engineering Group, the APPEG, is very active in inspiring young people about engineering. I declare an interest as its co-chair, along with Laurence Robertson MP. Sponsored by a range of engineering companies and organisations, we invite schools from all over the country to lunch events in the Cholmondeley Room here in the Lords. Typically, each event is attended by about 100 schoolchildren, all doing A-levels in sciences. Around 50% of them are girls. Each event covers a different engineering subject and brief presentations are made by three practising engineers, two of whom are usually young women. There is plenty of time for questions, and there are always many from the schoolchildren.
Recent APPEG events have covered a wide range of topics: engineering for disaster relief in developing countries; engineering for the space industry; engineering for the food industry; and, most recently, the engineering of skyscrapers. The feedback from the schoolchildren at these events has been superb. All of them have had their eyes opened to the huge variety of opportunities in engineering, particularly the girls, and many of them resolve to apply to engineering courses at university.
Progress in engaging young girls in technical subjects is steadily being made, albeit slowly. A 2022 report from EngineeringUK, Women in Engineering, found that around 15% of those working in engineering are women, compared with around 10% in 2010. This proportion is still much too small, but at least it is increasing. The engineering sector is aiming for 30% of the workforce being female by 2030, which is not high enough but would be a substantial improvement.
How should the education of girls change to achieve further improvement? The real barrier to girls entering the engineering profession is perception. At a very young age, peer pressure has a strong influence on what girls decide to study. Many girls miss out because they perceive that engineering is about only machinery or hard hats and construction—apparently subjects only for boys—and they do not want to be thought of as the odd one out. This perception of engineering as a boy’s subject is also widely held by parents and many teachers. In fact, engineering is very much wider than machinery or hard hats and construction. It is simply applied science, and covers a huge range of subjects, including building the net-zero world of tomorrow— ranging from biotech to environmental solutions, and from innovative new materials to novel energy systems such as hydrogen. These subjects are all very creative and potentially very attractive to girls.
Arguably, the misperceptions about engineering are already there by the time a girl reaches secondary school. Education about science and technology should really begin at primary school age. Primary Engineer, an organisation founded in 2005 by Dr Susan Scurlock, does just this. Each year, it engages around 4,000 teachers, 60,000 pupils and 1,500 engineers from hundreds of companies. When children as young as three and four are exposed to exciting engineering, they become inspired. Importantly, when engineering is offered at such an early age, gender is hardly an issue—not only can girls be engineers but the boys know that girls can be engineers.
Inspiring girls about STEM subjects, especially at primary school level, is all important. We must make it an urgent priority to provide many more girls with the skills needed for the exciting, highly varied and fulfilling world of engineering. They are the future, and have so much to offer.
Baroness Thornton (Lab)
My Lords, it has always struck me as a bit of an irony that we open the International Women’s Day debate in this manner, so for once may I say, “I thank noble sisters and brothers for participating in a varied and great International Women’s Day debate”? I join everybody in congratulating the noble Baroness, Lady Lampard, on her maiden speech. I also thank the Minister for managing to secure a debate in the Chamber this year, instead of in Grand Committee, and for her comprehensive introduction to this debate. Like others, I pay tribute to my noble friend Lady Gale, mentioned by my noble friend Lady Wilcox, who, for many years from these Benches, ensured that we had debates and questions relating to International Women’s Day and White Ribbon Day. In many ways, I dedicate my speech and thanks to my friend Anita. I also join others in paying tribute to the noble Baroness, Lady Boothroyd, whom I have known all my life because she was with my parents, Peter and Jean Thornton, in the Labour League of Youth in Dewsbury and Spen Valley. She was therefore a constant and inspiring presence, for which I am so grateful and which I shall miss.
Like many noble Lords, I have attended several events organised to celebrate International Women’s Day and, as my noble friend Lady Taylor, said, tomorrow I will be joining her to pay tribute to Constance Lytton at Knebworth. It is important to use this annual celebration to remember the women who have gone before and whose endeavour and sacrifice have allowed us to be here and benefit in so many ways. As my noble friend said, Constance Lytton was born and raised in what we might describe as the privileged ruling class but, as a suffragette activist, she was imprisoned four times and was force-fed. Her health was wrecked as a result, and she died before her time. She is one of many women we need to honour. The noble Baroness, Lady Cumberlege, and my noble friend Lord Monks, mentioned women on whose shoulders we stand. Like my noble friend Lord Griffiths, I have had the experience of seeing “Sylvia” at the Old Vic. I did not know what to expect from a musical about Sylvia Pankhurst. It was a huge shock when this barrage of music hit me. It took me a while to adjust, but it is a magnificent musical which I highly recommend.
This International Women’s Day, 8 March 2023, the United Nations wished us to celebrate the theme “DigitALL” on using innovation and technology for gender equality. Many speeches have referred to this and been inspired by it, like that of my noble friend Lord Watson.
I wish to mark and celebrate women all over the world who are leading their communities through crisis. We must support women taking extraordinary action, such as keeping their families safe in the face of famine or conflict and delivering life-saving responses to the climate crisis. Those of us privileged to live in a safe and wealthy country need to recognise that the climate crisis, conflicts, forced displacement and the global hunger crisis are disrupting girls’—indeed, children’s and young people’s—access to education on an unprecedented scale. I believe that the recently published Illegal Migration Bill is a sad and shameful moment for this country. Support for families, women and girls across the country will only be badly affected by it.
I loved the support and exposition that my noble friend Lord Sahota gave, because this is a critical time for women and girls. The year 2022 saw devastating rollbacks of women’s rights in Afghanistan, as referred to by many noble Lords; a violent crackdown against women’s uprisings in Iran; the catastrophic consequences of the hunger crisis on women and girls in east Africa; and the curtailment of women’s abortion access in several countries, including the USA. These issues were also mentioned by my noble friend Lady Armstrong. I look forward to hearing the answers to the questions that my noble friend Lady Donaghy raised.
The noble Baroness, Lady Barker, was quite right to say that in the UK we have good news on reproductive rights. That was achieved with cross-party support from the noble Baronesses, Lady Watkins and Lady Sugg, and many others in this House. However, there is much to do across the world and in the UK. As my noble friend Lady Anderson showed us, there is much that we have to be grateful for here and must pay attention to elsewhere.
Turning to the domestic women and equalities agenda in the UK, I particularly enjoyed the contributions from my noble friends Lord Stansgate and Lord Browne. It reminded me of how proud I am that my niece, who is doing a master’s in astrophysics—I think—at Manchester University, spent last summer at the CERN hadron collider. The whole family was bursting with pride at this; of course we were.
Labour is proud to be the party of women’s equality. I am proud to have been part of the team which put the Equality Act on the statute book in 2010, and to have been party to the other initiatives which came before. I have to say that I am puzzled by our delegation to the United Nations women’s assembly in New York being led by a male Minister. As much as I respect the noble Lord—of course I do—I would have thought that one of the noble Baronesses in front of me would have been a good person to lead that delegation. I am not sure what message that sends to the rest of the world about the priority that the UK is giving—
Baroness Scott of Bybrook (Con)
May I just intervene to say that I would have gone, but the LUR Bill came in in place?
Baroness Thornton (Lab)
Maybe the noble Lord could have substituted for the noble Baroness doing that then.
Notwithstanding the best gloss that the Minister gave to the Government’s work in this area, the facts are that for the last 10 years, we have seen many women pushed into poverty and the exacerbation of the motherhood penalty, if we can call it that. Women make up the majority of single parents, disabled people and low-paid, part-time and insecure workers, leaving them brutally exposed to the cost of living crisis. The next Labour Government will put women at the heart of our economic recovery, with a new deal for working people to transform their working lives. We will end the injustice that sees mothers and grandmothers forced out of paid work by soaring childcare costs. We have a plan for women’s health, which includes bringing down record high waiting lists for gynaecological care in our NHS.
Something that has not yet been mentioned is the fact that, compared to men, women are disproportionately affected by dementia emotionally, professionally and physically across their life course. Dementia has been the leading cause of death for women since 2011, and 60% of those living with dementia are women. Not only is dementia more prevalent in women; they are also more likely to be unpaid carers for loved ones affected by this condition. This disproportionate impact is not okay and it really needs to be addressed.
We will take the menopause seriously and require large employers to submit menopause action plans alongside their annual gender pay gap reports. We will bear down on the gender pay gap, which, at the current rate of progress, will be eradicated only in 2044. I heard what my noble friend Lady Chakrabarti had to say; we clearly need to have further discussions.
We will tackle the misogyny, harassment and abuse faced by too many women. The Refuge briefing that we all received asks us to speak up on gender-based violence, and that is indeed what we need to do. There has been unanimity on this issue across the House. I am fairly certain that successive Women and Equalities Ministers in this House have taken and are taking these matters very seriously and are championing them across government. However, there is an epidemic of violence and misogynistic abuse to tackle.
That leads me on to childcare. My noble friend Lady Twycross outlined Labour’s proposals. I just want to raise one issue, which came up in the Coram Family and Childcare report that many of us saw yesterday. It reported on the experience of a critical care nurse with more than 17 years’ experience who worked through the pandemic until she was 27 weeks pregnant. She said that work is part of who she is, and:
“It is important to feel like I’m doing something worthwhile, and I don’t want to give that up.”
However, she
“has had to cut her hours to one day a week, and says she will have to change career in the long-term, because of how the cost of childcare eats into her earnings.”
We cannot afford to lose highly trained, highly skilled women from our NHS. My honourable friend Bridget Phillipson said in a speech yesterday that we will reform the childcare system and that it will be her “first priority” when we enter government. She said:
“Labour’s missions must be central to breaking down the barriers to opportunity in this country. To break down those barriers, our Mission commits to reforming the childcare system: that will be my first priority.”
Labour is proud to be the party of equality, especially women’s equality. Previous Labour Governments have always encouraged and empowered women; the next will match that record and more.
Women and Men: Pay Gap
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The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
Robust equal pay protections in the Equality Act made it unlawful to pay men and women differently for the same work or work of similar value. However, on average women earn less than men over the course of their careers. This is caused by many factors, including women being more likely to take time off work because of caring responsibilities and to work in lower-paid occupations and sectors. The Government are committed to helping women reach their full potential and are changing the culture of the workplace by enabling more people to request flexible working, extending redundancy protection for those on maternity leave, introducing carer’s leave, and strengthening protections against harassment in the workplace.
Baroness Twycross (Lab)
I thank the Minister, and wish her a happy International Women’s Day. Recent analysis by the TUC shows that women effectively work for free for two months of the year. It will take 20 years to bridge the gender pay gap, which is even greater for older women. On International Women’s Day, will the Minister agree that this is simply not acceptable and let the House know exactly how the Government plan to right this wrong?
Baroness Scott of Bybrook (Con)
I wish a happy International Women’s Day to everybody in the House as well. I said some of the things that the Government are doing in my Answer, but the gender pay gap has fallen from 19.6% to 14.9% over the last decade. More importantly, the percentage of women in employment has gone up from 66.5% to 72.3%. The Government are doing something for women and will continue to do so because they think that it is an extremely important issue.
Baroness Walmsley (LD)
My Lords, what consideration has been given to the possibility that fewer women are being encouraged or equipped to take on the better-paid professions? Much of this goes back to schools, where fewer girls are taking up STEM subjects. What is the Minister going to do about that?
Baroness Scott of Bybrook (Con)
The noble Baroness is absolutely right. That is why we are working with schools and encouraging young people to take up STEM subjects in particular. Since 2010, there has been a 31% increase in girls’ entry into STEM A-levels. That is a great success, but there has also been a 34% increase in women being accepted on to full-time STEM undergraduate courses in the UK. I look forward to this increasing, because we need more women in these areas.
Baroness Lister of Burtersett (Lab)
Thank you. There is widespread agreement that an effective parental leave scheme that encourages fathers to shoulder more of the work of caring for young children is one of the keys to gender equality at work. There is also wide agreement that the current parental leave scheme is utterly ineffective. It is now five years since the Government began their review of the scheme. What has happened to it?
Baroness Scott of Bybrook (Con)
Interestingly enough, we have launched an online tool, hosted by GOV.UK, to make it easier for parents to check if they are eligible for shared parental leave, plan their leave, and give the required notice and information to their employer. The number of couples taking up shared parental leave and pay is increasing year on year; last year it was at 13,000. We are also looking at what more we can do to make it easier for fathers to take paternity leave, to challenge the entrenched assumption that caring is the sole responsibility of the mother.
Lord Trefgarne (Con)
My Lords, am I not right in thinking that the Royal Air Force has recently authorised women to fly fast jet aircraft on operations for the first time ever? If I am right and that is the case, can the Minister confirm that they are paid the same salary?
Baroness Scott of Bybrook (Con)
I am sorry; I cannot confirm that they are paid the same salary, but it is a jolly good job if they are doing the same as the men.
Baroness Chakrabarti (Lab)
Will the Minister reflect on whether we have a historic fatal flaw in equal pay legislation? We leave it to women themselves to find out the comparators and sue their employers. In every other area where the state wants to regulate, it takes on principal responsibility for inspection and enforcement.
Baroness Scott of Bybrook (Con)
I think the equal pay scheme has worked well since 1970, and it was protected but also enhanced in 2010. Many employers conduct regular equal pay audits in their companies, which is a good thing. It ensures that they are not acting unlawfully and that their staff are treated equally. In 2014, the Government strengthened equal pay protections by introducing mandatory equal pay audits for organisations that lose any equal pay claim, so if an organisation goes wrong, we will check it out.
Baroness Bennett of Manor Castle (GP)
The gender pay gap at tech start-ups in the UK is more than double the national average, with women paid 70p for every pound that men earn, according to a study by the salary benchmarking platform Figures. This is particularly disturbing given that there is no historic hangover in tech start-ups. Can the Minister tell me what the just-released UK science and technology framework is doing to address this situation?
Baroness Scott of Bybrook (Con)
I cannot say what it is doing, but I can get an answer for the noble Baroness.
Baroness Brady (Con)
We know that for every pound a man makes, a woman makes only 86p and that it will take 132 years to close that pay gap, but actually the biggest barrier to women furthering their careers is having access to high-quality affordable childcare. What are the Government doing about that?
Baroness Scott of Bybrook (Con)
My Lords, the UK has some of the highest-quality child provision in the world. We know the sector is facing economic challenges, but challenges are being faced across the whole economy. By the end of 2024-2025, an additional £510 million will have been provided for that sector, but we are not complacent and continue to look at ways to make childcare more affordable and to encourage families to use the government-funded support to which they are entitled.
The Lord Bishop of London
My Lords, in 2019 the Royal College of Nursing found that 90% of all nurses in the UK are women and that they fill less than a third of senior positions and earn on average 17% less than men. That is despite the fact that the Royal College of Nursing also noted that nursing is a gendered profession seen as a woman’s role. What steps are the Government taking to ensure that female nurses progress to senior positions?
Baroness Scott of Bybrook (Con)
I will talk to my colleagues in Health about that issue. I was not aware of it, but it is important and I will take it forward and come back to the right reverend Prelate.
Baroness Janke (LD)
My Lords, research has shown that the gender pensions gap between men and women is 17% at the start of women’s careers and a staggering 56% at retirement. What are the Government doing to make sure that women get a fair deal on retirement and do not lose out because they have taken on caring responsibilities or other unpaid but valuable work?
Baroness Scott of Bybrook (Con)
Measures have been put in place to improve the state pension outcomes for most women. More than 3 million women stand to receive an average of £550 more per year by 2030 as a result of the recent reforms. Under the new state pension, outcomes are projected to equalise for men and women by the early 2040s, more than a decade earlier than they would have under the old system, so I think we are on top of that issue.
Lord Woodley (Lab)
My Lords, the gender pay gap has reached 15% and is getting worse, not better. That is a disgrace, is it not, especially as more than half the women say they would use any additional money just to put more heating and lighting on in their homes, according to the Fawcett Society? It is unbelievable. How sad is that in Britain today? The ETUC and my own union, Unite, are clear that the most effective way to tackle the gender pay gap is through collective bargaining. Does the Minister therefore agree that negotiating a legally enforceable right to know what a male colleague is being paid for equal work would be a step in the right direction?
Baroness Scott of Bybrook (Con)
The noble Lord is wrong. As I have already said, the gender pay gap is improving and, no, I do not agree that making that mandatory would make the position even better for women.
Voter Identification
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Baroness Hayman of Ullock (Lab)
My Lords, according to research, 99% of election staff do not think fraud has occurred in their polling stations and 88% of the public think our polling stations are safe. Studies show that making elections more accessible, not less accessible, improves electoral integrity. Does the Minister agree that we should spend time and money on increasing voter registration and participation rather than on disfranchising people when there is very little evidence of voter fraud in this country? Considering that local authorities say they are not properly prepared for its introduction, will the Minister commit to conducting and publishing a review of the impact of voter ID after this May’s elections?
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, the Government stood on a manifesto commitment to introduce voter identification in Great Britain, and we are delivering on that promise. Voter identification is not a new concept; it has been in place in Northern Ireland for 20 years, where it is seen as increasing the security of the ballot.
According to government research, 98% of the electorate already have accepted photographic ID from a wide list available under legislation. For those who do not, the voter authority certificate can be applied for today free of charge. The rollout of these measures is progressing well, and it is now incumbent on all of us to prepare. I urge noble Lords to support their local authorities in raising awareness and ensuring the successful implementation of this important safeguard for our democracy.
It is inexcusable for anybody to cast another person’s vote in a polling station. We must be alert to any weaknesses in our processes which may undermine the strength of our democratic processes. Deception within a polling station is exactly that: deception. You cannot count it because you do not necessarily know it is happening. We need to be sure, as many others have told us we should be, in order to be more secure in those polling stations.
Lord Jackson of Peterborough (Con)
My Lords, this is about protecting the integrity of the electoral system. It is welcomed by those of us who previously represented areas which have been bedevilled by electoral fraud—in my case, Peterborough, where we had a very famous case of personation in 2004. I would like to bring the attention of the House in more detail to the research in May 2021 from IFF Research, which found that 98% of voters have access to voter ID and that there was no difference across young and old, black and minority-ethnic people, and the general voter cohort. I ask my noble friend the Minister this: if it has been good enough for Northern Ireland since 2003, and it is good enough for Switzerland, Italy, France, Germany and Canada, then why is it not good enough for the rest of the United Kingdom?
Baroness Scott of Bybrook (Con)
My noble friend is absolutely right. It is good enough for Northern Ireland—which is part of the United Kingdom, and we should be following it—as it is for many other countries across the world. That is why we are rolling it out and why it will be successful.
Baroness Pinnock (LD)
My Lords, I have relevant interests recorded in the register. Experience tells us that there are likely to be very large numbers of last-minute applications for the voter ID certificate, and local electoral offices might struggle to get them processed in time and returned to the voter. Will those voters, through no fault of their own, be denied their democratic right to vote if that occurs?
Baroness Scott of Bybrook (Con)
Many people do not see an urgency to apply if there are no upcoming polls. Only 50% of the country will be polling in May when we first use this process. Any voter can apply for one of these certificates within six working days of the poll itself. If they apply within six days of the poll, that is time enough to get their certificate printed and sent out to them for it to be used. There is a huge advertising campaign from the Electoral Commission and local authorities. I have even heard in London that some local authorities are putting leaflets through doors about this, and they are not even polling in this May election. A lot of work is going on to make sure people are aware of it and apply in time. As always, there will be people who do not want to vote who will not register, and therefore will not look for identification.
Baroness Meacher (CB)
I understand from my noble friend that the Constitution Committee will look at this issue shortly. The idea that certain communities or people will fail, or be unable, to vote if these certificates are introduced is a serious matter in a democracy. I am not saying that we should not do it; I am saying that, because it is so serious, it feels correct that the Constitution Committee should look at it in detail and examine what the benefits and costs or downsides would be. Let us then have a much more informed debate about whether this should go ahead. I hope that the Minister will agree.
Baroness Scott of Bybrook (Con)
We have had this informed debate; we had very long debates on this subject, and the Bill was passed and is now an Act. So it is in legislation, and it will happen in 50% of the country in May this year. It is good that it is happening in 50%, because the electoral officers for the other 50% will help if there are any issues with getting those ID cards to people on time, as the noble Baroness, Lady Pinnock, mentioned. Let us get back to the fact that 98% of people in this country already have those forms of identification. I quite agree about people with protected characteristics, and we are working with them: we have engaged with over 70 civil society organisations about this change in electoral law. The Minister responsible in DLUHC, Minister Rowley, is working and continuing to meet all sorts of organisations to make sure that we have everything in place so that those particular vulnerable people have every opportunity to vote.
Lord Maxton (Lab)
My Lords, has the Minister read the report on a smart ID card for all by Sir Tony Blair and William Hague—the noble Lord, Lord Hague of Richmond—which was published in the Times today? This includes the ID card recognition that the Government and the Minister are demanding.
Baroness Scott of Bybrook (Con)
I have not read it; I have been working since 8 am, so I am sorry that I have not had time to read the Times. This is an identification card for voting; it is not a full ID card, which I think the House would want to debate with far more time than we have this afternoon.
Baroness Verma (Con)
My Lords, I would like to ask the noble Baroness, Lady Meacher, where she gets her information from. I am with minority communities day in, day out, and we discuss voting and elections because I want more people from my community to be engaged. I am afraid that this ruse, which I hear in this Chamber over and over again, that they will not want to contribute and participate is a load of rubbish.
Noble Lords
Baroness Scott of Bybrook (Con)
Public confidence in our electoral system is critical. For many years, international observers have said that we should have better identification at our polling stations. The Electoral Commission recently showed that two in three electors say that a requirement to show identification at polling stations would make them more confident in the security of the voting system. If the public are more confident in our democratic system, they are much more likely to participate in it.
Levelling-up and Regeneration Bill
Baroness Scott of Bybrook ExcerptsWednesday 22nd February 2023
(1 year, 2 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-II(a) Amendment for Committee (Supplementary to the Second Marshalled List) - (21 Feb 2023)
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, as I have set out in earlier debates, it has always been the Government’s intention that the first statement of levelling-up missions would contain the missions from the levelling-up paper. I want to repeat what I said yesterday about why we are not putting the missions on the face of the Bill. The missions will be published in a policy document laid before, and debated in, Parliament. The first example of this document will be based on the levelling-up White Paper and future iterations will include the headline and supporting metrics used to define the missions and measure progress towards them.
If we put them in the Bill, it would make this part of what we want to do—and what we think it is right to do—very inflexible. This way, Parliament and the public will have the opportunity to scrutinise progress towards the missions, including annually when the report is published. This is comparable to other key government objectives documents such as the Charter for Budget Responsibility, which is laid before Parliament for scrutiny. That is why we are doing it this way, and I thank my noble friend Lord Lansley for supporting that way forward for the second day running.
I now move to the amendment tabled by the noble Baroness, Lady Hayman of Ullock, which inserts the Government’s levelling-up missions into the Bill. As I have said, that is not what we are going to do, because we do not feel that there would be flexibility if anything changes—for example, economics, data, pressures and issues in particular areas of the country. We would not have the flexibility to change the missions and scrutinise them, as I have said.
The 12 levelling-up missions are the product of extensive analysis and engagement. They cover the areas that require improvement to achieve an increase in the six capitals in the White Paper—human, physical, intangible, institutional, social and financial—and are needed to reduce the geographic disparities that we discussed today and that are identified in the White Paper. They are designed to be ambitious but achievable. They are necessarily spatial in their nature and definition, and they are neither national nor aggregate.
The missions are supported by a range of clear metrics, used to measure them at an appropriate level of geography. These metrics take account of a wider range of inputs, outputs and outcomes needed to drive progress in the overall mission. The metrics cover a wide range of policy issues but are all clearly linked to the drivers of spatial disparities.
I reiterate that the Bill is designed to establish the framework for missions, not the content of the missions themselves. The framework provides ample opportunity to scrutinise the substance of the missions against a range of government policies.
The noble Baroness, Lady Hayman, brought up the allocation of levelling-up funds being made according to government priorities, rather than local need. Places are invited to submit bids—under the themes of the regeneration of town centres, local transport and culture —that they feel best meet the levelling-up needs of their area. Part of our strategic fit assessment test is on how far a place’s bid locks into its wider levelling-up plans and how well it is supported by relevant local stakeholders and community groups.
My noble friend Lord Holmes of Richmond is not here and will therefore not move Amendment 13, but a number of noble Lords brought it up and I felt I ought to respond to it quickly. The levelling-up White Paper highlights the importance of the educational attainment of primary schoolchildren and sets out a clear mission to significantly increase the number of primary school- children achieving the expected standards in reading, writing and mathematics. In England, this will mean that 90% of children will achieve the expected standard, and the percentage of children meeting the expected standard in the worst-performing areas will have increased by over a third. As we know, reaching the expected standards in these subjects is absolutely crucial for children to succeed at secondary school, which paves the way for success in later life. Ensuring that as many children as possible have these skills, regardless of their location or the current quality of their school, is an ambitious target, particularly as we work to recover lost learning from the pandemic.
We are already starting on that. The Education Endowment Foundation, which gives guidance and support to schools, has a £130 million grant. Importantly, we are supporting 55 education investment areas, including starting interventions in schools with successive “requires improvement” Ofsted ratings. We are also delivering a levelling-up premium—a tax-free additional payment to eligible teachers in priority subjects—which is very much weighted to those education investment areas. We have started already, with over 2 million tutoring courses, particularly for young people who were affected by the lack of education during the pandemic.
From Second Reading, I know that many noble Lords are interested in health inequalities in this country—we heard that again today. I am sorry that the right reverend Prelate the Bishop of London is not here, but her Amendment 15 was nobly spoken to by the noble Lord, Lord Best. It puts forward that the missions must include reducing health disparities. I note Amendment 59 from the noble Baroness, Lady Hayman of Ullock, and Amendment 30, tabled my noble friend Lord Holmes of Richmond, who is not here, although it was mentioned by noble Lords. All of these would mean that geographical disparities include health outcomes.
Baroness Pinnock (LD)
My Lords, three issues have been raised by this small group: defining geographies—we talked a lot about geographies and spatial disparities— and granularity; independent scrutiny, which is really important; and then funding allocation and how that happens. I am beginning to think that the Government and the Minister may regret the publication of the levelling-up White Paper because it is a fountain of really good information.
On geographies, we need to understand what we mean by “geographies”. The noble Baroness, Lady Young, talked about very small pockets of multiple deprivation, and largely we have been speaking in the previous debates, yesterday and today, about big, regional or county-wide differences across the country. We need to understand at what level—or is it at all levels?—levelling up will take place. The levelling-up White Paper is quite handy in that regard—the Minister is nodding, so that is a good start. It has not taken IMD—the index of multiple deprivation—but it has a great map; I love maps which are mapped out according to datasets of this sort. It is figure 1.13 in the book, if noble Lords want to know. It has mapped, across local authority areas, gross value added, weekly pay, healthy life expectancy and level 3+ equivalent skills in the adult population. It is very revealing.
The map shows where there are all four of those indices in the lowest quartile of the measures. Where are they? According to this map, it is not always where you suspect. One of the areas is north Norfolk— I would never have thought that. Another area is where we would expect: the north-east, shown as a great, dark blob where that is a problem. Then there is the area down the Yorkshire coast and then obviously on the Lancashire coast, where you would expect—and then central Devon. So this is a very important sort of dataset to use. That is on a big scale. However, when my noble friend Lord Shipley introduced this, he talked about being able to go below that level of dataset to understand where the highest levels of multiple indices are occurring on a regular basis and how that can be tackled.
So that is the first point: it is not defined in the Bill, and we need a definition of what we are tackling in terms of geographies. So I totally agree with my noble friend Lord Foster about the granularity and importance of the data, and I agree with my noble friend Lord Scriven on supporting the amendment in the name of the noble Baroness, Lady Hullock—I am so sorry, I always do that; I meant the noble Baroness, Lady Hayman of Ullock—on the importance of independent scrutiny.
Finally, on the allocation of levelling-up funding to date, if this is a symptom of how it is going to occur in the future, we may as well abandon levelling up. The House of Commons Library has a report on the funding to date and where it has gone. The Government have put local authority areas into priorities 1, 2 and 3, with 1 being the most needy. I would expect that, unless there were exceptional circumstances, the money would go to priority 1. But no: 59%, only just above half the money, has gone so far, in the first two rounds of funding, to priority 1 areas. Some has even gone to priority 3 areas, which, by the Government’s own definition, are doing okay. So what is this about levelling up?
In response to the question about the cost of bids, I know, because I spoke to the chief executive of Leeds City Council, that it spent a third of a million pounds on drawing up bids for level 2 and got not a penny piece in return. When local government across the country, or certainly where I am, is cutting its budgets—£43 million has to be found in my own budget in Kirklees because of rising energy prices, inflation and all the rest of it—local government cannot afford to spend a third of a million pounds on making bids that then get turned down because the Government decide to hand the money to local authorities in priority 3 areas. It is not right, it is not levelling up and it needs to change.
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments addresses the assessment of levelling up. Amendment 10 was tabled by the noble Lord, Lord Shipley, and supported by the noble Lord, Lord Foster, with whom I am more than happy to have a teach-in on data for anybody who would like to come and learn more about the technicalities—please just let me know. The amendment would define criteria that could be used to evaluate levelling-up policies that aim to address geographical disparities.
As I set out in detail to noble Lords in our first day of Committee, the missions contained in the levelling-up White Paper are a product of extensive analysis and engagement. The missions are supported by a range of clear metrics, used to measure them at the appropriate level of geography, and these metrics take account of a wider range of inputs, outputs and outcomes needed to drive progress in the overall mission. These metrics cover a wide range of policy issues but all are clearly linked to the drivers of spatial disparities. This has been set out in the White Paper.
I turn to Amendment 48, tabled by the noble Baroness, Lady Hayman of Ullock. This amendment would require an assessment by the independent evaluating body to be included in any review of statements of levelling-up missions. We have accepted in this Chamber that scrutiny and seeking expert advice will be important in ensuring that we deliver on our missions and level up the country. That is why we have established the Levelling Up Advisory Council to provide government with expert advice to inform the design and delivery of the missions. The council includes voices from different parts of the UK.
I know that the noble Lord, Lord Scriven, might not have been here for the debate on a previous group but I should say that the advisory council is chaired by Andy Haldane and its membership was published in the White Paper. The council members are not tied to government views and the council is made up of renowned independent experts in their field, such as Sir Tim Besley, professor of economics and political science at the London School of Economics; Cathy Gormley-Heenan, a former deputy vice-chancellor of research and impact at Ulster University; Sacha Romanovitch, the CEO of Fair4All Finance; and Sir Nigel Wilson, chief executive at L&G. All are independent experts in their field. We welcome the challenge and expert advice that the council provides and have been clear that we want it to provide us with candid views and challenging recommendations for how the Government are delivering levelling-up policy.
Lord Scriven (LD)
The noble Baroness read out a list of eminent people and said that their voice is important. If that is the case, why cannot their assessment and report be in the Bill, as the amendment seeks, and part of the Government’s independent assessment of geographical disparity? Under the present Bill, there is only the Minister’s assessment of whether the missions are narrowing geographical disparity. If these people are so eminent and important, why cannot that be part of the report to both Houses of Parliament?
Baroness Scott of Bybrook (Con)
No one has said that those views cannot be taken when the missions are scrutinised by both Houses of Parliament. However, we will not put it in the Bill, as in our opinion that would not be appropriate.
Amendment 58, tabled by the noble Baroness, Lady Hayman of Ullock, would change the definition of disparities in the Bill. The amendment is right to note that geographical disparities may include differences between regions, counties, councils and council wards. However, in the course of our work on the levelling-up White Paper, it has become clear that the appropriate unit of comparison will vary depending on the mission or policy area.
To help us tailor analysis and policy to the UK’s complex economic geography, timely and robust spatial data have been made a foundational pillar of the new policy regime for levelling up. More granular spatial data is crucial to ensure that policy fully recognises the different characteristics, opportunities and challenges of different places—including, as we heard from the noble Lord, Lord Foster, on two occasions now, rural and urban areas.
Baroness Hayman of Ullock (Lab)
That is really important but I should like clarification on who is collecting the data, how it is analysed and what the timescales are. That would be really helpful.
Baroness Scott of Bybrook (Con)
There may be more questions but I am coming on to some of that.
That is why my department has established a new spatial data unit, transforming the way in which the UK Government gather, store and manipulate subnational data so that it underpins transparent and open policy-making and delivers decisions. This will include improving how we collate and report on UK Government spend and outcomes, including building strong capabilities on data visualisation and insights. Working closely with other departments, the unit will consider differences between geographical areas, such as regions, counties, councils, council wards and so on, according to the needs and objectives of specific missions or policy areas. I am more than happy to have a teach-in about this, as it is important.
Lord Stevens of Birmingham (CB)
Is the Minister willing to consider her department publishing for each local authority area the gap between the need for and availability of adult social care? That data is available already, and if the department started to publish it, it would build confidence across the House that the department would advance this agenda without the need for placing requirements in the Bill.
Baroness Scott of Bybrook (Con)
I would like to go back on that specific issue because we would need to work with the Department of Health and Social Care and get its agreement. We are quite early in the establishment of the unit in order to do that, but I will take back that issue and come back to the noble Lord.
Lord Lansley (Con)
I am sorry to interrupt my noble friend. I am coming back to a point that she raised a moment ago on the Levelling Up Advisory Council, which I mentioned on Monday but did not at that time get an answer on whether it had met, what it discussed, what it said and to whom. I now discover that on 14 February a Minister in the department wrote to Clive Betts, the Select Committee chair, to say that the council had met several times, had met Ministers and was engaging in a research programme. It was interesting, because the letter said that the council had
“engaged in discussions on levelling up policy with stakeholders externally, including members attending an event with Carsten Schneider … Minister of State for East Germany and Equivalent Living Conditions, hosted by the German Embassy”.
Might the council engage at all with Parliament? We are told that the council has been around for a year, but I have had no engagement—no one from the council has come anywhere near me to suggest that it might talk to us about the levelling-up missions.
Baroness Scott of Bybrook (Con)
I do not know, but the council is already in train and working. On the fact that it has not come to Parliament, I will ask what the remit has been for the past year. It may have been a remit just to get together on some early work, but I will get an answer to my noble friend on that.
Lord Foster of Bath (LD)
I am sorry to interrupt because I know that the Minister wants to get on, but can she tell us at least whether the advisory board has expressed any view on the levelling-up Bill before us, and whether she will make that public?
Baroness Scott of Bybrook (Con)
I do not know whether it has any views on it at the moment, but I will ask that question.
Alongside this, my department has also established a new deep-dive team, to take a new place-based approach to policy-making. This is quite important. This team gets to know specific places. To date, these places have included Blackpool and Grimsby. It combines the granular data that we are beginning to put together with local knowledge, to identify a set of policy interventions to make a noticeable difference to the people living there.
The noble Baronesses, Lady Taylor of Stevenage and Lady Young of Old Scone, brought up individuals. We go down to council wards, but there are people. We are talking about people. The levelling-up White Paper is a plan for everyone. The focus is on the left-behind places, but the ultimate goal of levelling-up policies is to improve the living standards and quality of life of the people living in those places. This means that where individuals with certain protected characteristics are disproportionately affected, they will benefit from the whole levelling-up programme policies and systems change. For example, some ethnic minority groups have, on average, poorer health outcomes. They are more likely to be living in non-decent homes. By aiming to reduce these disparities across the UK and in places where they are most stark, levelling up will have a positive impact on the places and, as importantly, on the people.
There were a number of questions or comments on the levelling-up fund, which I would suggest are probably for the sixth group of amendments. However, I will answer a couple of them; they were all more or less the same views. The levelling-up fund index identifies those places in greatest need, as we have heard, of this type of investment. In this round 2, 66% of funding has gone to category 1. Those are the places of greatest need. Over rounds 1 and 2, 69% of funding has gone to category 1. I can also say that in investment per head of population, the highest investment went to Wales, followed by the north-west and then the north-east. The money is going to the right places but that is just as an aside because this will come up again in group six.
This approach, set out in the Bill, sets a clear, uncluttered and long-lasting framework for measuring the progress of levelling-up missions. I hope that this provides the noble Lord sufficient assurance to withdraw his amendment.
Lord Shipley (LD)
My Lords, I am very grateful for the Minister’s response, but the more I learn, the more worried I get. I have learned tonight that the independent assessors have met several times. I have not seen any public report about what they are doing. Parliament has a role in this. It is reasonable in the context of this Bill proceeding that more information is provided to us.
We have learned that we have a spatial data unit in the department, and that we have a deep-dive team, but what this team is doing is ill defined. I have said several times in this Chamber that you cannot run England, with its 56 million people, out of London. It is simply too much. Therefore, the question will be: what exactly is the spatial data unit doing and what exactly is the deep-dive team doing? To whom are those bodies speaking at a local level so that they are properly informed?
I was encouraged that the Minister did talk about councils and council wards. I was aiming at postcode areas, and the noble Baroness, Lady Hayman of Ullock, was aiming at councils and council wards, so at least we have some progress. There is an offer of a teach-in. A seminar, at the very least, has become fundamental. As the noble Lord, Lord Stevens, said, how about the Government starting by publishing the gaps in social care? I had not realised that those gaps have not been published, even though they are available.
There is a fundamental set of issues here about the public’s right to know. If this is a Bill which is levelling up, surely the metrics of that must be discussed by us before it gets very much further. So I repeat my suggestion that the Minister takes all the missions and metrics away, takes account of everything that noble Lords have said in this Chamber in the two days in Committee so far, and rewrites the missions and the metrics so that we can produce the outcomes that a levelling-up Bill should be producing. Having said that, I will come back to this on Report.
Baroness Scott of Bybrook (Con)
On the deep-dive teams, of course they are working with local people. I have said that this combines the granular data that we have with local knowledge, and works with local organisations, local councils and other organisations in areas to identify those interventions. Surely this is what your Lordships would want a good Government to do.
Lord Shipley (LD)
I would be very happy with that, but I did not know about, and I think that no one else in this Chamber was aware of, the deep-dive team. That raises another set of questions. Perhaps the Minister can write to us about this, explaining exactly what this deep-dive team is doing and where it is working. I have a fear that we are going to see the regional directors for levelling up appointed at some point. There has been mention of having regional directors. Can you imagine in a country of 56 million people having regional directors for levelling up? It is an absurdity as a concept. I hope that the Minister is willing to tell us that this will not be actioned. That was reported in the i newspaper about 10 days ago. However, somebody has decided where the deep dives are taking place. It may well be that all kinds of bodies are being talked to, but this information needs to be more publicly shared. With that, I beg leave to withdraw my amendment.
Levelling-up and Regeneration Bill
Baroness Scott of Bybrook ExcerptsWednesday 22nd February 2023
(1 year, 2 months ago)
Lords ChamberRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 84-II(a) Amendment for Committee (Supplementary to the Second Marshalled List) - (21 Feb 2023)
Baroness Scott of Bybrook (Con)
My Lords, this group of amendments is related to the levelling-up fund, which directly supports the mission set out in the White Paper through investment in the infrastructure that improves the everyday lives of local residents across the country, focusing on regenerating town centres and high streets, upgrading local transport and investing in culture and heritage assets. The second round of the levelling-up fund announced by the Government will invest £2.1 billion in 111 local infrastructure projects across the UK, helping to create jobs and spread opportunity right across the country, from the higher education skills campus in Blackpool to the ferry infrastructure in Shetland.
Amendment 50 in the name of the noble Baroness, Lady Taylor of Stevenage, would require government to explain how allocations from the levelling-up fund support the levelling-up missions. I will not speak about Amendment 56 in the name of the noble Lord, Lord Berkeley, as he is not here; we will wait for that to come later. Amendment 57 in the names of the noble Baronesses, Lady Valentine and Lady Hayman of Ullock, and the noble Lord, Lord Stunell, would require government to follow set distribution criteria when allocating levelling-up funding and publish a statement explaining how funding allocations meet these criteria.
Baroness Valentine (CB)
Can I clarify my involvement with the various areas I have been talking about? I work some of the time with Business in the Community to persuade businesses to get involved in levelling up in all sorts of places across the country, including Blackpool, Bradford, Rochdale, Sheffield and many other places.
Baroness Scott of Bybrook (Con)
I thank the noble Baroness for that and for the work she is doing in encouraging the private sector to get involved.
Baroness Pinnock (LD)
We have had a bit of a discussion about priority areas 1, 2 and 3. I would be grateful if the Minister could write and let us know what criteria the Government use to categorise areas and how, between the first and second round, some moved into category 1. I do not know whether any moved down. It would be useful to have that information.
Baroness Scott of Bybrook (Con)
I will be very happy to provide that information.
Baroness Taylor of Stevenage (Lab)
I thank noble Lords for the debate on the levelling-up fund. It is a key issue to discuss as we go into the Bill because, clearly, none of the levelling-up project will happen without proper funding, and most of us in local government certainly feel that the levelling-up fund has not been the way to do it.
I want to start with the issue of categories 1, 2 and 3. Those categories deterred some authorities from applying because people felt that, if they were in a higher-banded category, they would not have any chance of getting any funding. It was very disappointing when they did not bid because they thought they were not going to get any and then found that others in the same category, and some in higher categories, were allocated funding. So I support the request from the noble Baroness, Lady Pinnock, for some explanation of how that banding works.
My second point is about how the Treasury is feeling about round 3. I am not clear on what the Treasury has done in terms of the levelling-up fund: whether it has stopped round 3 for the time being, whether it has delayed it or what it is doing with it. It would be interesting to know how that is going to happen going forward.
The Minister mentioned match funding, and I am sure that she is as aware as I am that the various places that it used to come from are scarce and in very short supply these days. So match funding can also deter people from bidding for things. I know that it is not compulsory to have it, but, if you think you will not achieve your bid without it, it may deter people from bidding in the first place. It seems almost certain that the areas that need match funding the most are the least likely to have access to it, so it goes against the principles of levelling up.
I was pleased to hear the Minister talk about the recognition of the need to address the complexities in the funding landscape, which is vital. Moving forward, as the delivery of the missions gets more complex, we absolutely need to be clear about a straightforward mechanism for funding.
I was pleased to hear the speech of the noble Baroness, Lady Valentine, which was helpful. I am grateful for the work that Business in the Community does across the country in helping to move the levelling-up agenda forward. I was impressed and pleased that she mentioned the issue around capital funding and having revenue funding to support it. Too often, funding pots are allocated and things are built and delivered—because that is what ticks the box for the department concerned—but the ongoing revenue for that project is not considered and ends up being a local burden that can, in some instances, result in the original project never being delivered properly, because there is not the revenue to deliver it. So I hope that future funding pots will take that into consideration.
I was shocked about the Blackpool project being funded but then going into a period in which it is not. You cannot stand these projects up and down at very short notice: they take a lot of planning, and the disappointment for young people engaged in something when the tap is turned off and that project stops is almost worse than doing nothing at all, because it adds to their feelings of having things taken away from them.
On the short timescales and short delivery times, if levelling up is going to work properly, it must work with a great spirit of co-operation and collaboration between those tasked with delivering it—there may be more than one public agency doing that. Having these very short bidding times and delivery times in some instances is not at all helpful, and I hope that that can be taken into consideration.
We heard information about the town deals and the towns fund. I have been quite close to one of them, and, although there is an equal lack of transparency in allocation, there was very serious scrutiny of what the outcomes would be before the bidding and allocation. That is something that we should look to for the future.
I was pleased to hear the remarks of the noble Lord, Lord Stunell, about the serious lack of credibility in the scheme. I talk to my colleagues in local government all the time, and there is no doubt in my mind that there has been a great loss of credibility in the scheme. The Minister referred to a feedback process; it may be that that has got going fairly recently, because the second-round funding has only recently been announced. But those who were involved at the time certainly felt that they had not had an adequate opportunity to receive any feedback. Of course, they want to learn because, if there will be multiple rounds of this, people want to know what they did wrong and, equally, the ones who got it right want to know what they did right.
The noble Baroness, Lady Pinnock, referred to the reason we have been pressing so hard on these definitions of geography, missions and metrics, and how they will be used: because of how they will be used to determine funding. Even if funding for levelling up were to be considered for a completely different model—such as one much more like the sort of model I would like to see, which is local government being given the funding and being allowed to get on with it—surely we must have a method which determines how funding follows need, rather than just whoever puts in the shiniest bid at the time.
Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023
Baroness Scott of Bybrook Excerpts(1 year, 2 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Scott of Bybrook
That the Grand Committee do consider the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, these regulations will complete the definition of a higher-risk building, setting which buildings will be subject to the legal requirements of the new regime for building safety created by the Building Safety Act 2022. They are a fundamental part of our ongoing reforms to ensure that all residents’ homes are a place of safety.
The Act is based on Dame Judith Hackitt’s recommendations and establishes a new regime that creates stronger oversight of, clearer accountability for, and stronger legal duties on those responsible for the safety of higher-risk buildings throughout their lifecycle. There are two parts of the new regime. The first covers the design and construction of new higher-risk buildings and building work to existing higher-risk buildings. I will refer to this as the design and construction part. The second establishes a new regulatory framework when higher-risk buildings are occupied. I will refer to this as the occupation part.
The definition of higher-risk building is set, in part, by the Act. The Act sets the height threshold for higher-risk buildings at 18 metres or seven storeys. It also states that buildings meeting this threshold which have two residential units are in scope of the occupation part of the new regime. These regulations build on the provisions set out in the Act. They complete the definition of a higher-risk building and set out exactly which buildings will be subject to the legal requirements of the new regime that will be directly overseen by the building safety regulator.
These regulations can be considered in several parts. First, the regulations specify that hospitals, care homes and buildings containing at least two residential units will fall within the scope of the design and construction part of the new regime where they meet the 18 metres or seven storey height threshold set in the Act. They also specify that certain types of buildings are excluded from the new regime. Hotels, secure residential institutions, for example prisons, and military premises, such as barracks, are excluded from both parts of the new regime. In addition, the regulations specify that hospitals and care homes are excluded from the occupation part of the new regime. All other buildings with at least two residential units that meet the height threshold set in the Act will fall within the new regime. We have set this as the scope as we want to ensure that proportionate rigour is applied to buildings where the risk of fire spread or structural collapse is higher.
Dame Judith Hackitt recommended focusing on residential buildings, and we agree that occupied non-residential buildings are already adequately and proportionately regulated through other legislation. These building types are therefore not included in the new regime overseen directly by the building safety regulator. We have responded to concerns of stakeholders around the design and construction of care homes and hospitals by including them in the design and construction part of the new regime. This ensures that high-rise buildings which may be occupied by those who are unable to evacuate quickly or without assistance are designed and constructed under the new regime. We are being ambitious while maintaining the focus on tall residential buildings for which Dame Judith Hackitt advocated.
These regulations also provide an overall technical definition of a building for higher-risk buildings. Some of the buildings under the new regime will be large, complex structures with multiple parts. The building definition therefore allows a building to be defined depending on the design and structure of the building. We have adopted a broad definition of “building” when a new higher-risk building is constructed, so that the building safety regulator can consider the overall structure while it is built.
For work in existing buildings and the occupation part of the new regime, “building” is defined more narrowly in certain circumstances: for example, when multiple structures are joined and there is no access between them. This is because it would be disproportionate to apply the duties and responsibilities of the new occupation regime across an entire set of structures, especially when some of the structures taken in isolation may not meet the criteria to be higher-risk buildings. This definition will ensure that the requirements of the new regime are applied proportionately and only to buildings that represent the highest risk. We will produce detailed guidance allowing those constructing and managing buildings under the new regime in the future to understand clearly whether they are in scope of the new requirements.
The regulations also set out how to measure height and storeys for higher-risk buildings. The regulations specify that height should be measured from ground level to the top of the floor surface of the top storey of the building. Similarly, storeys should be counted from ground level to the top storey of the building. In both cases, any storeys below ground level, for example an underground car park and any area containing only rooftop machinery, should be ignored. We have chosen these methods as they are well understood, are existing ways of measuring in the building sector and mirror a method already taken in building regulations.
Our two-pronged test for measuring buildings will also help prevent gaming of the system and make sure that the right buildings are captured. The method will be clear to those constructing and managing buildings under the new regime and support our aim of creating proportionate and effective building safety systems. These regulations are key to setting up a new regime for building safety and bringing about the systematic, lasting change that we know is needed to help people be and feel safe in their homes. I hope noble Lords will join me in supporting the draft regulations. I commend them to the Committee.
Baroness Brinton (LD)
My Lords, I thank the Minister for her introduction, which is very helpful, and the Government for going slightly further than Dame Judith Hackitt suggested when she talked about 10 storeys. I have a couple of questions and comments. The Minister will not be surprised to know that in my noble friend Lady Pinnock’s absence I might mention 11 metres, on which I entirely support her. I declare my interest as a vice-president of the Local Government Association and a vice-chair of the All-Party Group on Fire Safety and Rescue.
I am pleased that the Minister referred not just to fire safety but to building collapse. Following the horrendous earthquake in Turkey and Syria, with repeated earthquakes since, we have seen how structures absolutely have to be got right.
The Explanatory Memorandum was extremely helpfully written and very clear, and for that I thank the Minister and her officials. One of the points that Dame Judith Hackitt made at the very start of her report, about a high-rise building being a system, is vital for this. I know that much of her report was about the building process, the updating process and the system thinking that goes with them, but for this statutory instrument it is really helpful to think of all these buildings as systems. I will speak briefly about those three strands that she referred to: new high-risk buildings, the work needed for existing high-risk buildings, and that needed for those that are currently occupied.
Paragraph 7.8 of the Explanatory Memorandum refers to
“hospitals, care homes and buildings containing at least two residential units”.
I wonder how many care homes are over seven storeys, because that does not tend to be the case. Is this planning for the future rather than for existing care homes? That would be helpful. I appreciate that many large new hospitals are being built and that there are some already. Addenbrooke’s Hospital, which I know well, is well over six storeys.
This is something that Dame Judith Hackitt referred to quite a lot in her report. When she talked about 10 storeys, the point was that that was the starting point of the most urgent work that needed to be carried out, but she specifically talked about hotels, secure residential institutions, hospitals and care homes, where the Government might choose to look at considerably lowering the number of storeys. In paragraph 1.5 of that report, she says:
“However it will also be important to ensure that government can respond quickly in the future, where necessary, to broaden this definition in light of either critical new information emerging … or experience of operating the new regime.”
She talks about
“in due course … a wider set of residential buildings below 10 storeys”—
she does not say that 10 storeys is the limit—and specifically those
“where people sleep (such as hospitals or care homes)”.
So why are they, and hotels and secure residential units, being excluded? I see in the Explanatory Memorandum that the Government believe they are covered. Dame Judith Hackitt is saying that actually the Government need to reconsider that, perhaps with a slightly longer timescale. Has it been reconsidered and this is the new view or, given the amount of work that has been done on the very urgent part, is that still to come?
Finally, we would not be discussing high buildings if I did not mention PEEPs. In mid-December, a High Court hearing brought by Claddag—the Leaseholder Disability Action Group—revealed correspondence that showed that a decision had been made by the noble Lord, Lord Greenhalgh, in 2021-22 not to go for PEEPs while saying that consultations were still going on. I know that the Government have said that that is not the case, but this court case had the emails that showed it to be the case. I will spare the Grand Committee’s time by not quoting from them, but they are very much in the public domain.
Baroness Scott of Bybrook (Con)
I thank noble Lords for their overall support for these regulations, which I think they will agree are the beginning of an important series of statutory instruments following on from the passing of the Building Safety Act. A number of questions came up and I will try to answer them, but before I do I think we all add our condolences, thoughts and prayers for the people of Turkey and Syria. Their building regulations, and the way their buildings were, were absolutely horrific. We are so lucky that we have Governments who think about this and make sure that we are as safe as possible.
The noble Baroness, Lady Brinton, referred to care homes. We estimate that very few will be higher risk—probably fewer than 10—but, as she quite rightly said, we do not know whether places will build bigger. If they do, we want to make sure that they are built safely. That is what we are doing.
The noble Baroness and the noble Lord, Lord Khan, brought up hotels, which people have shown some concern about. The new regime has to be proportionate in its rigour and implemented where it is most necessary. Hotels are already registered under the fire safety order. It is important to understand that we have to take this in and it has to be a balanced decision.
The noble Baroness asked whether we expect to consider further expanding the scope. The building safety regulator is under a duty to keep the safety of persons in and around buildings constantly under review. If evidence shows that other types of buildings may need to be brought into scope, the regulator can advise the Government accordingly. We, or any other Government, will of course act upon that.
I am sorry that the noble Baroness, Lady Pinnock, is not here to talk about 11 metres, because I know that it is a real issue for her and that she is concerned. As with hotels, the definition of a higher-risk building must be proportionate. Evidence has shown that, in general, the risk from fire increases with height. The decision to set the threshold at 18 metres in height or seven storeys was made following extensive engagement with stakeholders. As the noble Baroness, Lady Brinton, said, when Dame Judith Hackitt looked at this her recommendation was for 30 metres. The Government decided to make it lower. We are doing everything we can in proper proportions.
When I saw the noble Baroness, Lady Brinton, I knew that she would bring up PEEPs—quite rightly. As she said, the Home Office is responsible for government policy on PEEPs and emergency evacuation information-sharing proposals. I understand that there are concerns about the Government’s position on PEEPs. It is important that disabled people are engaged on any proposal. The department will continue to engage and encourage the Home Office on this issue. The Government accepted, in principle, all the recommendations in the Grenfell Tower Inquiry phase 1 report. We recognise the importance of listening to the concerns of disabled residents to come to the right outcome, but we are aware that it is an outstanding decision for the Government. We are working on it with the Home Office. I am sorry that I cannot say any more on that; I wish I could.
I reiterate that these regulations will complete the definition of higher-risk buildings, defining which buildings will be subject to the legal requirements of the new building safety regime. As noble Lords know, these regulations are an important part of the Government’s reforms to ensure that all residents’ homes are a place of safety. I once again thank noble Lords for their contributions.