Jewish Community: Contribution to the UK

David Linden Excerpts

Thursday 13th June 2019 Westminster Hall

[David Linden (Glasgow East) (SNP)]

As always, it is a great pleasure to see you in the Chair and to serve under your chairmanship, Sir David. As hon. Members have done, I pay tribute to the hon. Member for City of Chester (Christian Matheson) for securing and opening the debate. I have the pleasure of winding up on behalf of the Scottish National party. Although it has been a very short debate, and not a lot of hon. Members are present, we have made up in quality for what we do not have in quantity.

I have come to know the hon. Member for City of Chester through a standing engagement. It used to be a weekly engagement, but it has now moved to monthly—one of the longest-running Public Bill Committees in this Parliament. Over the last year or so, I have come to know the hon. Gentleman, and I would have expected nothing less than for him to pay a typically warm tribute to the Jewish community in the UK. He gave an absolutely outstanding history and chronology of the UK’s Jewish community. He was right to mention that there are around 5,900 Jewish people in Scotland. They are largely based in the constituency of the hon. Member for East Renfrewshire (Paul Masterton), who I know would want to be here today but cannot be. I pay tribute to the close relationship he has with the Jewish community there.

As always, the hon. Member for Stoke-on-Trent North (Ruth Smeeth) spoke very powerfully. She spoke about her family’s history as immigrants from Poland and Russia. It certainly sounds like her grandmother would be a fantastic person to spend time with, and the hon. Lady did her proud.

The hon. Member for Stretford and Urmston (Kate Green) is always a strong voice in this place for refugees, and she spoke about the work that World Jewish Relief does, particularly on moving people into employment.

The right hon. Member for Wolverhampton South East (Mr McFadden) made reference to the cemetery in his constituency. I, too, have a Jewish cemetery in my constituency. There is not much of a Jewish population in Glasgow East, but there is still a Jewish cemetery on Hallhill Road. Thankfully, it is kept very well. When driving down one of the more significant streets in my constituency, all those headstones with a Star of David on them are a reminder that Jews are such a massive part of the community. The right hon. Gentleman also spoke candidly about some of the challenges in the Labour party. I know that may not be an easy thing to do in the current climate. He was brave to raise how some of this antisemitism has come from the left.

I also want to put on record my enormous thanks to the Jewish community, particularly in Scotland, for its immense contribution to our country. We should be very proud of the diversity of modern Scotland, while never taking it for granted. The Scottish National party could not be clearer that Scotland’s Jewish community needs to be assured and feel safe, against a worrying backdrop of growing antisemitism across Europe and further afield.

Like anyone who calls Scotland home, Scotland’s Jewish communities have the right to feel comfortable as they go about daily life free from intolerance, and religious or antisemitic hatred. Following last year’s shocking attack in Pennsylvania, that is more important than ever. We utterly condemn without equivocation anyone who threatens the existence of Israel. Israel has a right to exist peacefully. The Israel-Palestine situation should not be used as some kind of justification for attacks on Jewish people or abuse towards Jewish people, as it seems to be now more than ever. Therefore, we condemn any attempt to do so and any expression of antisemitism.

Given the rise in reports of hate crimes and hate speech in the UK last June, and homophobic attacks, such as that in Orlando, as well as the antisemitic voices on the so-called alt-right, it is more important than ever to learn the lessons of the past. That is why we support work to tackle religious hatred and intolerance, including Scotland’s national commemoration of the holocaust and subsequent genocides, so that lessons are learned about what can happen if hatred and discrimination remain unchecked, and seep through into our society. The Scottish Government accept in full, without equivocation, the International Holocaust Remembrance Alliance definition of antisemitism. It is disappointing that it has taken quite a long time for people to get on board with that.

I want to come back to the wider issue of freedom of religion and belief, which is essential for any democratic, functioning society. Whether we are Christians, Jews or Muslims, bringing faith communities around the table is key to building a cohesive, respectful society. We still have a lot more to do on that, even in 2019. Scottish Interfaith Week is an excellent example of how Scottish communities are working together to improve dialogue with one another on matters of religious, national and civic importance.

I want to finish my remarks, as I normally do, by bringing the topic back home to Glasgow East, and referring to one of my predecessors in this House. A few years ago, I had the real pleasure of visiting Glasgow’s Garnethill Synagogue, to look at some of the Jewish archives. Shamefully, it was only then that I began to learn more about Myer Galpern, who was the MP for my constituency, then Glasgow Shettleston, from 1959 to 1979. He was Deputy Speaker of the House of Commons during his last term in office. Myer Galpern was not only the first Jewish Lord Provost of Glasgow but the first Jewish Provost in Scotland. Sadly, that is a little known fact, which we should do more to recognise and celebrate in Glasgow. I will pursue that with Glasgow City Council.

In conclusion, the Jewish community made an enormous contribution to Scotland long before Myer Galpern, and I look forward to its continuing to make an enormous contribution to the rich, tartan tapestry of Scotland for many more years to come.

Buildings with ACM Cladding

David Linden Excerpts

Thursday 9th May 2019 Commons Chamber

[James Brokenshire]

I commend my hon. Friend for his strenuous efforts on behalf of his constituents in relation to Northpoint. I understand the issue that he has highlighted. The fund is intended to provide capital support for the removal of ACM cladding systems, including insulation, as well as the removal and disposal of existing cladding, replacement materials and labour. As part of the process of writing to building owners and of the subsequent work, we will specify that in greater detail to give reassurance.

[David Linden (Glasgow East) (SNP)]

I thank the Secretary of State for giving me advance sight of his statement. Any announcement of help for those affected by the Grenfell tragedy, directly or indirectly, must of course be welcomed, but as the second anniversary of the tragedy approaches, it is incredible that the public and MPs are still having to push for that help.

The first thing to establish is whether the fund will be enough to help those affected. Can the Secretary of State confirm that the £200 million that has been released will pay for work on all private towers, or are the reports that it will not be enough correct?

The replacement work has been described by the UK Cladding Action Group as a “cladding lottery”, because it covers only ACM panels of the type that helped to spread the fire at Grenfell. Combustible non-ACM cladding, and other fire safety problems such as faulty or missing fire breaks in wall systems, will not be covered. What additional action can the Secretary of State promise affected residents to ensure that these safety measures are completed in a full and joined-up manner?

People have reported losing their life savings on interim measures, being forced to delay starting a family because of the financial uncertainty or turning to drink or drugs, along with serious mental health issues. Does the Secretary of State believe it is acceptable that freeholders and developers have been allowed simply to refuse to pay to make their buildings safe, and does he believe that if changes to the law are required to force them to take their responsibilities seriously, the Government will give that serious consideration?

[James Brokenshire]

I thank the hon. Gentleman for welcoming my announcement. I should, for his sake, make it clear that this applies only in England, because, as he knows, responsibility for housing policy and building regulations is a devolved matter.

I have already responded to some of the points that the hon. Gentleman has raised. As I have said, the £200 million represents an estimate of the cost, based on the existing experience of remediation—some of the work that has already been done—and taking account of instances in which developers, or insurance, are already in place. It is there to provide capital support. It is because of the need for urgency that we are taking steps to ensure, as a priority, that there is no need to rely on interim measures, because of both the nature and the cost of such measures.

I absolutely endorse the hon. Gentleman’s broader point about the need for developers and freeholders to stand up and do the right thing: I have stated that very plainly on a number of occasions, and I am hugely frustrated by the action—or lack of action—on the part of a number of those involved. He asked about changes in the law; that issue clearly flows from the Hackitt review, and, as I have said, I will update the House.

Housing

David Linden Excerpts

Tuesday 9th April 2019 Commons Chamber

[David Linden (Glasgow East) (SNP)]

I was delighted to hear the speech by my hon. Friend the Member for Glasgow Central (Alison Thewliss). She spoke about the damage that right to buy caused in Scotland, so I will not focus on that in my short speech. Instead, I will focus on investment in new socially rented stock.

After years of under-investment in social house building, work is now under way to deliver 50,000 affordable homes in Scotland by 2021. People around the east end can now see the tangible results of that investment—whether on Cranhill’s Bellrock Street, Easterhouse’s Auchinlea Road or Shettleston’s Wellshot Road—because work is under way to invest in new housing, which will go some way towards meeting the demand we face.

That 50,000 target, though, should only be a starting point. I have been very clear with the Housing Minister, Kevin Stewart, that we need to keep up our investment in new build social housing. I was encouraged to hear him say at a recent Tollcross Housing Association event that, for so long as associations can keep up the house building, he will be happy to sign the cheques.

The reality, however, is that we will quickly run out of space to build those new properties, which is why we must also protect and preserve our existing tenement stock housing. As the MP for Glasgow East, I am acutely aware that about one third of my housing stock is made of tenement properties. A quick drive along Tollcross Road, Baillieston Main Street or Westmuir Street will demonstrate that. The fact is that Glasgow’s tenements have become a rich part of the city’s architectural heritage, and my local housing associations genuinely understand the importance of maintaining them to meet the demands of their waiting lists. They want to invest in and preserve those buildings for generations to come, but that comes at great cost and there is a role for the British Government to assist with that.

This morning I suggested to the Chancellor of the Exchequer that VAT could be reduced on tenement repair work. Currently, an association wishing to undertake costly works to preserve tenement properties will have a 20% VAT charge slapped on to the invoice. If the Chancellor was willing to look sympathetically at a reduction in VAT for that type of work, it would allow associations to invest in tenement stock and simultaneously provide a fiscal stimulus for the construction industry.

[Patrick Grady (Glasgow North) (SNP)]

In Glasgow, the city council, Scottish Canals and housing associations are working together to promote self-build, not least along the banks of the Forth and Clyde canal. This is affordable self-build, which is another way of helping to stimulate investment in the local economy, as well as providing suitable housing.

[David Linden]

Absolutely. I am conscious of the constraints on time, so I will just conclude by saying that Glasgow is a city bursting with ideas about how we can progress housing and meet the challenges head-on. I urge my hon. Friend to take that forward, and I urge the Minister, in summing up, to touch on the point about reducing VAT, particularly on tenement properties.

Holocaust Memorial Day

David Linden Excerpts

Thursday 24th January 2019 Commons Chamber

[David Linden (Glasgow East) (SNP)]

It is a real pleasure to follow the hon. Member for Heywood and Middleton (Liz McInnes), who made a powerful speech reflecting on her experiences in Rwanda. I know that my hon. Friend the Member for Glasgow North (Patrick Grady) intends to speak about that later.

I have found being a Member of this place quite difficult over the past few weeks and months, given how incredibly divided we are and the volatile atmosphere, so it has been a refreshing change to see such consensus across the Chamber today, albeit for a debate on a very sad subject. If we conducted all our debates in such an atmosphere, we would probably be in a position that was a hell of a lot better. I particularly appreciated the thought-provoking speech made by the hon. Member for Stirling (Stephen Kerr). It is certainly something I will consider next Monday, when we return for what I expect will be another volatile week.

I think that we all agree that on this, the 74th anniversary of the liberation of the concentration and death camps, it is more important than ever, particularly given the dwindling number of holocaust survivors, to take this opportunity to reflect not only on that awful atrocity, but on other genocides. That is why it is so important to place on the record our thanks to the Holocaust Educational Trust for its work in all our constituencies. In Scotland, over 3,000 pupils and teachers have had the opportunity to benefit from the “Lessons from Auschwitz” project, and I know that a number of Members have had an opportunity to take part in that. Many years ago, when I was a researcher in this place, John Mason, one of my predecessors, visited Auschwitz, and I remember that we could tell how incredibly moved he had been. I think that anybody who has been to Auschwitz has had that experience.

I also want to stand up today and make sure that the Jewish community in Scotland know how safe they should feel in our country. There is no doubt that in this country the Jewish community have had to endure some utterly despicable behaviour, and hon. Members have placed some of that on the record today. A number of years ago I had the great fortune to attend the Garnethill synagogue in Glasgow, which is in the constituency of my hon. Friend the Member for Glasgow Central (Alison Thewliss)—she and I both attended—and to look at some of the Jewish archives. It comes back to education, because it was only then that I began to learn about one of my predecessors, Myer Galpern, who was the Member for Glasgow, Shettleston from 1959 to 1979. In fact, he was a Deputy Speaker of the House from 1975 to 1979. Myer Galpern was not only the first Jewish Lord Provost of Glasgow, but the first Jewish provost in Scotland. I think that it is really important that I, as one of the youngest Members of the House, put that on the record today, to make sure that we never forget the contribution of the Jewish community, not just then but now, and that we embrace them and show them how much a part of our community they are.

I want, in my capacity as a member of the all-party parliamentary group on British Jews, to make some reference to current events, particularly in Hungary. I do not believe that the UK Government have done enough to confront the Hungarian Government about their state-sponsored antisemitism, as seen in the campaign against George Soros, for example. I also make a plea to the Minister to see that the UK Government do more to encourage other countries to promote the just and speedy restitution of property that was seized by the Nazis during the holocaust, much of which has still not been returned to the families of the original owners, despite promises to do so across Europe. I would be grateful if Her Majesty’s Government, through diplomatic channels, could convince other Governments to take action on that.

Let me say again what an honour it has been to be part of a debate where we treat each other with respect. Parliament is all the richer for that today. I am not normally a fan of this place, but Parliament can be very proud of how it has conducted itself today, and I think that sets a good example to our constituents.

Budget Resolutions

David Linden Excerpts

1st reading: House of Commons
Thursday 1st November 2018 Commons Chamber

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

The Budget of Monday past has been welcomed by many but clearly not by all. I have been asking myself: what will it do for the constituents of Ayr, Carrick and Cumnock? It contains a range of measures that will benefit not just my constituents but the whole of Scotland. The Scottish Government will benefit from a funding boost of almost £l billion. I know my constituents will welcome this increase, and I am sure they will keep a weather eye on how it is spent by the Scottish Government. I hope it will be spent on people projects and not pet projects. Indeed, by 2020 the Scottish Government’s block grant will have grown to over £32 billion before adjustments for tax devolution—a real-terms increase over this spending review period.

Those of my constituents who, like me, enjoy a dram will very much welcome the freeze on spirit duty. I was pleased to see the concerted efforts of Scottish Conservatives and others recognised by the Chancellor. Indeed, he was listening—I am sorry for doubting him. I know that the industry in Scotland will welcome the freeze.

I also know a few individuals in Ayr, not least Messrs Brown and McLoughlin, who enjoy a wee dram and I am sure that they will raise a glass as a result of the freeze on spirit duty. I am not linking the two measures in drinking and driving, but the freeze on fuel duty will always be most welcome, particularly in the rural areas of Scotland.

The national living wage, introduced by a Conservative Government, will now increase to £8.21 per hour.

[David Linden (Glasgow East) (SNP)]

Will the hon. Gentleman give way on that point?

[Bill Grant]

I am sorry; no. That measure means that 117,000 of the lowest paid in Scotland will enjoy an increase in their take-home pay. [Interruption.] That is fine. [Interruption.]

--- Later in debate ---

[Mhairi Black (Paisley and Renfrewshire South) (SNP)]

The Tories have a habit of announcing policies that are backed by arguments that, in a sentence, quite often can sound reasonable. However, the minute we scratch beneath the surface we see that every policy is soaked in ideology and backed by mistruths that are unrecognisable in the real world. I want to give a few examples.

We have had umpteen debates in this House explaining in great detail why universal credit is not fit for purpose as it stands. Even this month I have had constituents live off nothing but £70. The Chancellor has announced a boost to the work allowance as an answer to these problems, and he expects credit for that, but, again, if we scratch beneath the surface, we find that this boost only reverses half of the cuts that were made in the 2015 Budget.

Secondly, Tories often say that the best way out of poverty is through work. They preach that they were the Government who introduced a “living wage” and they arrogantly pat themselves on the back for raising it in this Budget. Again, if we scratch beneath the surface we discover they have introduced nothing of the sort. They have slightly increased the minimum wage, which still does not meet the cost of living. No amount of rebranding will make anyone forget that. Further, we see nothing in this Budget to address the age discrimination that is entrenched in the minimum wage structure.

[David Linden]

In the Budget the Government have managed to increase the minimum wage for apprentices to just £3.90 an hour. Given that that lot on the Conservative Benches will not do anything on this, will my hon. Friend join me in making sure they devolve relevant legislation to Scotland so we can deliver a fair day’s work for a fair day’s pay?

[Mhairi Black]

Funnily enough, I could not agree more, and I have to say as a 24-year-old that I would challenge any Member to justify why I should be paid less than anyone else in this place. If the law does not apply to me, why should it apply to anyone else out there?

My third example is the two-child cap. This is the claim that really sticks in my craw. If it were true that the Chancellor is supporting families, he would not make women prove they were raped in order to get benefits for their children. I see that not many Tories are giving me eye contact at the minute. Over 73,000 households are receiving less tax credits than before and the Government’s response was that people on welfare need to make decisions about the number of children they may or may not have. That statement is as barbaric as it is downright stupid; it is nothing more than an ignorant, cruel and deliberate misconception to hide behind.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

David Linden Excerpts

Tuesday 16th October 2018 Commons Chamber

[Rishi Sunak]

I thank my hon. Friend for her intervention. She is absolutely right to say that the Government are doing many things to increase the supply of new housing, and I will come on to discuss those, but that we must also do better with the housing we already have. That is what this measure will enable us to do.

Today, the average house price in England is almost eight times the average income, whereas it was four times the average income in 1999. Costs are also rising for private renters, who spend, on average, more than a third of their household income on rent. The Government are committed to boosting housing supply to ensure that hard-working people have a secure place to call home. The Government and the tireless new Housing Minister, my hon. Friend the Member for North West Hampshire (Kit Malthouse), are taking end-to-end action across the entire housing system to address these issues, releasing more land for homes where people want to live, and building them faster and cheaper.

[David Linden (Glasgow East) (SNP)]

The UK is going through a housing crisis. Does the Minister accept that one of the best ways of tackling the social housing crisis is to abolish the right to buy?

[Rishi Sunak]

The right to buy has helped thousands of young people, first-time buyers, up and down this country to get on to the housing ladder. I have seen the measure transform people’s lives in my constituency, as I am sure many Members have in theirs. It supports what this Government and the Conservative party stand for—allowing people to fulfil their dream of owning their own home.

Tenant Fees Bill

David Linden Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 5th September 2018 Commons Chamber

[David Linden (Glasgow East) (SNP)]

I beg to move, That the Committee do sit in private.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I regret that I have to inform the hon. Gentleman that I cannot put his motion to the Committee. That is because he is not a member of the Legislative Grand Committee, because he does not represent a qualifying constituency—in this case, a constituency in England. Under Standing Order No. 83W, a Member who is not a member of a Legislative Grand Committee may take part in its deliberations but may not vote, make any motion or move any amendment.

[David Linden]

Further to that point of order, Madam Deputy Speaker. Thank you for your ruling on that. Can you just clarify for me, as you have done, that because I am a Member from a Scottish constituency I am unable to take part in proceedings of this House, and indeed that that is contrary to what the people of Scotland were told in 2014, when they were told they were an equal part of the United Kingdom?

[The Second Deputy Chairman]

The hon. Gentleman may take in part in the deliberations but, as I have said, he may not vote, make any motion or move any amendment.

As the knife has fallen, there can be no debate. I call the Minister to move the consent motion.

Motion made, and Question put forthwith (Standing Order No. 83M(5)),

That the Committee consents to the Tenant Fees Bill.—(Rishi Sunak).

Question agreed to.

The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decision reported.

Third Reading

Queen’s consent signified.

Non-Domestic Rating (Nursery Grounds) Bill

David Linden Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Legislative Grand Committee: House of Commons
Tuesday 10th July 2018 Commons Chamber

[Rishi Sunak]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Sir Lindsay Hoyle in the Chair]

[David Linden (Glasgow East) (SNP)]

On a point of order, Mr Deputy Speaker. I beg to move that the Legislative Grand Committee do sit in private.

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

As we both know, you cannot move that motion at this stage.

[David Linden]

Further to that point of order, Mr Deputy Speaker. Can you clarify that the reason that I cannot move that motion is because I am a Scottish MP and have been rendered a second-class Member of the House as a result of English votes for English laws?

[The Chairman]

Mr Linden, you may wish to judge yourself as a second-class Member, but let me reassure you that I will always treat you as a first-class Member. On that basis, you will still not get your way.

I remind the House that only Members representing constituencies in England and Wales may vote on the consent motion. I call the Minister to move the consent motion.

Motion made, and Question proposed,

That the Committee consents to the Non-Domestic Rating (Nursery Grounds) Bill.—(Rishi Sunak.)

[David Linden]

It is a great honour to serve under your chairmanship, Sir Lindsay, and, indeed, it is a pleasure to serve on this esteemed Legislative Grand Committee of England and Wales. I look forward to making a few observations on the Bill, which has been certified by Mr Speaker as competent for EVEL. It is of course a real pity that, should the Bill divide the Legislative Grand Committee, I and my hon. Friends from Scotland will be excluded from having our vote counted. Indeed, Scottish colleagues have to endure the immense indignity of being ordered by Government Whips to traipse through the Lobby to have their vote discounted in person. It is all incredibly sad. My immense sadness in this regard is founded upon the view that, during the Scottish independence referendum of 2014 and indeed after it, we the people of Scotland were told that Scotland is an equal partner of the United Kingdom. The Secretary of State for Scotland might have strayed off that line a couple of weeks ago, but I am sure that that was a mere oversight on his part.

Today, we have been relegated from legislators to narrators, and so can only speak in the Legislative Grand Committee—and speak I certainly will. Before I continue with my remarks, let me say that I am conscious that I must stick to the strict parameters of this fine Bill. I wish to offer, though, a few thoughts on the English votes for English laws mechanism and, in particular, Standing Order No. 83.

In essence, Scottish Members of this House have become second-class MPs in the House of Commons. EVEL basically excludes MPs from Scotland, and in some cases MPs from nations other than England, from voting on legislation that could have consequentials and affect other parts of the UK. There are also financial implications, as decisions taken for England only can lead to changes to Scotland’s budget from the UK Government.

I rather suspect that the days of the English votes for English laws are numbered, but, for so long as this legislative apartheid continues, I shall continue to be a diligent participant in the Legislative Grand Committee.

[Patrick Grady (Glasgow North) (SNP)]

I just want to note the fact that my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) is unable to be here, as he is in the Scottish Affairs Committee. Unfortunately, that brings my hon. Friend the Member for Glasgow East (David Linden) closer to beating his record of being the Member who has spoken the most often in the Legislative Grand Committee. The ironic thing is that Members from England and Wales never actually speak in the English Legislative Grand Committee.

--- Later in debate ---

[David Linden]

I am grateful to my hon. Friend for that powerful intervention. Perhaps today we might find that Members from English constituencies will rise to speak, but I would not necessarily hold my breath for that.

When I first looked at the Order Paper last week and saw that we were debating the Non-Domestic Rating (Nursery Grounds) Bill, I excitedly and somewhat naively thought that this was about nurseries in the sense of toddlers and early years. There was I planning to come to the Legislative Grand Committee to talk about the SNP Scottish Government’s childcare revolution.

I should declare an interest: my three-year-old son, Isaac, starts nursery next month and is thoroughly looking forward to starting Sgoil Araich Lyoncross. The incredibly good news about that childcare revolution is something that will be welcome from Shettleston to Shetland.

Of course, had the Bill been about nurseries in the early years sense, I could have regaled the House with some wonderful nursery rhymes, such as my favourite, “The Grand Old Duke of York.” It rather reminds me of the right hon. and learned Member for Beaconsfield (Mr Grieve), with regard to Brexit, particularly the lines,

“He marched them up to the top of the hill,

And he marched them down again.”

Alas, the House will have to wait for another day to hear me pontificate about nurseries and nursery rhymes. Instead today, we have the delight of discussing non-domestic rates for nurseries of a plant variety, and what a treat that is.

The Bill’s purpose is to reverse the effect on valuation practice for non-domestic rating of the 2015 case, Tunnel Tech v. Reeves. In brief—I shall try to be brief, because I know other Members want to get on to other business soon—the case established that, where a business operates a plant nursery or nursery ground where agricultural operations take place entirely indoors, it cannot benefit from the general business rates exemption for agricultural land and buildings. The Government made a policy commitment to legislate to establish that nursery grounds should be entitled to an agricultural exemption and to apply that exemption retrospectively, back to the 2015-16 financial year.

The Legislative Grand Committee will doubtless be aware that, on 9 July 2015, the Court of Appeal gave judgment in the case of Tunnel Tech v. Reeves. I am sure that all members of this esteemed Legislative Grand Committee will have read in full that judgment from the Court of Appeal. The case concerned the rateability of a property occupied by the company Tunnel Tech in Stockbridge, Hampshire. The property was used for growing mushrooms from spores. I myself absolutely abhor mushrooms and feel that they can really ruin a rather good lasagne, but I do not want to digress too much from the subject at hand.

A mixed material was fermented and then used to fertilise

“mushroom mycelium grown through sterilised wheat or rye grain produced in laboratory conditions”.

After 20 days, mushroom tendrils have grown within the material. It is very interesting that, at that point, Tunnel Tech removed the material and transferred it to specialist mushroom farms. I have never had the pleasure of visiting a mushroom farm myself, but I am only young. [Interruption.] I am glad to hear that the hon. Member for Ogmore (Chris Elmore) has visited a mushroom farm. Perhaps he might extend an invite to me to visit one in his constituency. I am still relatively young; there is plenty of time left to visit mushroom farms in my life.

The court found that the property in that case was liable for business rates because the mushrooms were produced in order to be sold on to complete the cultivation process elsewhere, not direct to consumers, and because of that, the property did not attract an agricultural exemption. In rating terms, it was a “nursery ground” and not a “market garden”. It is very important that the Legislative Grand Committee takes that seriously.

The Valuation Office Agency rating manual defines a nursery ground as

“land in, or on which, young or immature trees and/or young plants are reared (not necessarily being grown in the actual soil of the nursery) until fit for transplanting or sale: the emphasis on young plants should be noted. Even though plants are raised in containers on the land rather than by rootstock in the soil, such ‘grounds’ should be treated as exempt.”

The rating manual defines a market garden as

“a holding cultivated wholly or mainly for the production of vegetables, fruit and flowers for sale in the course of a trade or business.”

The definitions are used for internal guidance purposes by the VOA and do not have the force of law, but they are based in part on case law discussions of the definitions of those terms.

On Second Reading, the Minister—who I know is playing very close attention to my remarks today—said:

“A nursery ground is where small plants or trees are propagated or sown with a view to their being sold on to someone else for growing on to their mature state, for sale to or use by the end consumer, whereas a market garden”—

this is where there is a differentiation—

“is where fruit, vegetables, flowers or plants are produced to be sold directly or indirectly to members of the public for consumption.”—[Official Report, 5 June 2018; Vol. 642, c. 259.]

Agricultural land has been exempt from business rates since 1929. I do not want to test the patience of the Committee too much by going back to 1929. The Committee will be relieved to know that I do not plan to do that. However, areas within an agricultural property that are used for farm diversification such as a farm shop or holiday accommodation on what was previously a farm are liable for business rates. The current legislative authority for that can be found in schedule 5 of the Local Government Finance Act 1988. I am sure that all members of the Legislative Grand Committee have paid close attention to that. Before that, agricultural land had been subject to a 75% discount on rates from 1923, a 50% discount for poor law rates and a 75% discount for sanitary-related rates from 1896, known as partial derating.

I am really only clearing my throat at the moment, but I am conscious that scores of other right hon. and hon. Members, especially for English constituencies, will wish to contribute to the Legislative Grand Committee of England and Wales.

[Patrick Grady]

Before my hon. Friend comes to a conclusion, I want to reflect on his earlier point about “nurseries” and “nurseries”. It is a good opportunity to pay tribute to the Children’s Wood in my constituency, an outdoor play facility that hosts a nursery for young children but also has an allotment that in itself is a nursery for vegetables. It shows that the two things can be brought together and serve important educational purposes, and we should pay tribute to that kind of thing.

[David Linden]

I do not want my hon. Friend to think that I am coming to the end of my remarks too early. I am only a third of the way through. He is right to pay tribute to the organisations in his constituency, and while I have the floor, I pay tribute to Eddie Andrews of Connect Community Trust in the Wellhouse area of my constituency, who does a sterling job of looking after that allotment. There is a long-standing problem that allotments have not been given the focus that they require, especially in Glasgow. We now have an SNP Administration—

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

Order. Perhaps I can help. If the hon. Gentleman is suggesting that he needs an Adjournment debate, he should apply for one on allotments, because obviously we will not be discussing that as part of today’s debate.

[David Linden]

I am grateful for your guidance, Sir Lindsay. That is much appreciated. I am conscious that scores of MPs from English constituencies will wish to take part in this important Legislative Grand Committee. Members fought for it for a long time; it was the English Parliament. I expect to see hundreds of MPs rush into the Chamber to get to their feet and make their voice heard. There is still time for that, but I shall return to my own remarks.

Tunnel Tech sought to argue that its use of the property constituted that of a market garden. The term “market garden” has no statutory definition, but using several examples of case law, it argued that a hereditament is a market garden if any part of a process of horticulture is carried on there with a view to ultimate consumption by the public, even though the produce of the hereditament is not itself, when it leaves the hereditament, an article capable of consumption by the public or indeed intended for consumption by the public. For the purposes of time, I will not read out the full 2015 judgment; the Chairman is indicating that he would prefer me not to read it out. The judgment found that Tunnel Tech’s use of the property meant that it constituted a plant nursery and not a market garden. The produce of a market garden is suitable for direct or indirect sale to consumers, whereas the produce of a plant nursery is not. I found that fascinating when I read the briefing note for this.

This distinction was important because Tunnel Tech’s operations took place entirely within the buildings. The provision for the exemption of agricultural buildings is found in paragraph 3 of schedule 5 to the 1988 Act. It says, and it is important that the Committee understands this:

“A building is an agricultural building if it is not a

dwelling and—

(a) it is occupied together with agricultural land and is used solely in connection with agricultural operations on the land”

or

(b) it is or forms part of a market garden and is used solely in connection with agricultural operations at the market garden.”

The 2015 judgment noted that paragraph (b) does not include plant nurseries in the definition of agricultural buildings. It is important that we make that distinction. Therefore, a plant nursery that is located entirely indoors does not constitute an agricultural building and is not exempt from business rates. I am a frequent visitor to garden centres and there is one in the constituency of my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows). We in the SNP Whips Office have been there before to enjoy some tea and cake and I commend the garden centre to anyone visiting central Scotland.

It is worth noting that garden centres, including those calling themselves nurseries—I ran an election campaign from a nursery in 2016 in Barrhead in the constituency of the hon. Member for East Renfrewshire (Paul Masterton), but I will not go into that in great depth—are not considered to be agricultural land or agricultural buildings. They are subject to normal business rate liability and will continue to be so if and when the Bill receives Royal Assent.

I can see that some colleagues are getting a bit impatient at the length of my remarks—[Interruption.] The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) says, “Carry on!” I am tempted but I had better not. I know that countless hon. Members from English constituencies will be wishing to take part in this Legislative Grand Committee of England and Wales, so I shall conclude by thanking you for your forbearance, Sir Lindsay, and wishing this Bill a very speedy passage when it goes to their noble lordships.

Question put and agreed to.

The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decision reported.

Third Reading

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

David Linden Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 15th May 2018 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. Will Members leaving the Chamber do so quietly?

[David Linden (Glasgow East) (SNP)]

I beg to move, That the Committee do sit in private.

[The Second Deputy Chairman]

I am afraid that that the hon. Gentleman cannot move that in this Committee.

I remind Members that if there is a Division, only Members representing constituencies in England may vote on the consent motion.

Motion made and Question proposed,

That the Committee consents to the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill.—(Rishi Sunak).

--- Later in debate ---

[David Linden (Glasgow East) (SNP)]

My hon. Friend is making a very powerful point. The Government talk on a regular basis about how Parliament is taking back control. Does he feel that that has been represented by the fact that this is the first time that the House has had the opportunity to take back control?

[Pete Wishart]

Let me say quite candidly to my hon. Friend that what we are waiting for is the moment when my English colleagues spring into action with this opportunity—perhaps this one-off opportunity—to meet in their English Parliament and to discuss the weighty issues of state that require that English-only attention.

--- Later in debate ---

[Pete Wishart]

I am glad that I have been able to detain the right hon. Gentleman long enough to get his attention. I know he is very much enjoying this short contribution to the debate. Look at my hon. Friends, sitting here and making sure that this important issue is discussed and debated. They think that this is important, and that is the lesson that goes forward today.

[David Linden]

Does my hon. Friend think that if we encouraged our hon. Friends with £1 billion, even more of them might come into the Chamber and sit alongside the right hon. Member for East Antrim (Sammy Wilson)?

[Pete Wishart]

Actually, I am looking forward to seeing the right hon. Gentleman’s hon. Friends join him—it is always nice to see our friends from Northern Ireland here. We may not be as well endowed with largesse from the Government in order to secure a majority, but we will muddle through on what we secure from the Barnett formula.

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

David Linden Excerpts

2nd reading: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 23rd April 2018 Commons Chamber

[Eddie Hughes]

I agree entirely. When we talk, as we frequently do, about the housing crisis in this country, we can see that there are many elements to it. Of course, it is incredibly laudable that this Government have an ambition, which I am sure they will achieve, to build 300,000 houses per year, but it is also incredibly important that we make the best use of our existing housing stock.

[David Linden (Glasgow East) (SNP)]

The hon. Gentleman talks about the housing crisis in this country, but does he agree that we would better solve the housing crisis if we abolished the right to buy?

[Eddie Hughes]

The hon. Gentleman makes a powerful intervention given the fact that yesterday, only 24 hours ago, he ran 26.2 miles, and look at the man we see before us this evening—not a break of sweat on him. Clearly, he is not just an incredible athlete, but a gifted intellectual, and I acknowledge what he says, but completely disagree with him.

As I was saying, we have moved from 300,000 empty properties down to 200,000 empty properties, and that is, in no small part, owing to the fact that we previously introduced this council tax premium.