Housing (Right to Buy) (Limits on Discount) (England) Order 2024
Lord Shipley Excerpts(1 year, 3 months ago)
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The Earl of Effingham (Con)
My Lords, this statutory instrument will reduce the number of qualifying secure tenants who have the opportunity to buy their rented home at a discount. This will reverse our record in the period 2012 to 2024, which enabled almost 160,000 sales under the right-to-buy scheme. On our watch, the right-to-buy discount was incrementally increased. In 2012, the maximum cash discount went up significantly from regional levels of between £16,000 and £38,000 to a new national level of £75,000. In 2013, the maximum was propelled further in London to £100,000, and from 2014 the maximum discounts rose annually, in line with the percentage change in the consumer prices index. The current maximum discounts available are £136,400 in London and £102,400 outside London.
Our aim is to move towards a scenario where people own their own home and are less reliant on local authorities. Being able to buy your own home is a critical feature of social mobility. It allows people to acquire an asset which translates into wealth, which can then be passed on to the next generation, which in turn gives more opportunities in life. The Government have cut the maximum discount to between £16,000 and £38,000, which means that secure tenants of local authorities who want to buy their home will have to pay materially more for their property.
The Ministry of Housing, Communities and Local Government has released a policy paper on the review of the right-to-buy discounts which showed that sales will be reduced by 25,000 over five years. By the department’s modelling, under the previous Government’s rules 35,000 people would be able to buy their social housing by 2029, but under this Government’s new rules that figure would only be 8,500. That means that 26,500 people will potentially miss out. The Government’s own modelling has shown that there would be 7,000 sales annually to 2031 if our rules were kept. However, that number will shrink to 1,700 per year under this Administration’s new rules. That means an average of 5,300 people per year will not be able to buy their home under the new restrictions.
The Government are clearly looking to create an environment where the local authorities are able to channel a larger proportion of receipts from social housing sales into building new social housing. In July 2024, the Government increased the flexibility on how councils can use their right-to-buy receipts to accelerate the delivery of replacement homes. The caps on the percentage of replacements delivered as acquisitions, and the percentage cost of a replacement home that can be funded using right-to-buy receipts, have been removed. Local authorities can now combine right-to-buy receipts with Section 106 contributions. We understand that these flexibilities will be in place until the end of 2026, subject to a review. Furthermore, the Government in the Autumn Budget stated that councils will no longer be required to return a proportion of the capital receipts generated by the sale of the home to His Majesty’s Treasury.
We appreciate that the Government are looking for ways to build more affordable housing. However, we do not think that this should be achieved at the expense of aspiring home owners who are saving to purchase the home they have lived in for, in many cases, a considerable amount of time.
The Government believe that fewer social houses in local authorities is indicative of a problem. We would argue that creating a system that results in an ever-increasing number of social homes on the local authorities’ books is unsustainable. To clarify, we absolutely must make provision for the most economically vulnerable and in need, so that come rain or shine they have a roof over their heads. But the endgame should be to help people stand on their own two feet, independent in their own home, which they themselves have purchased. I beg to move.
Lord Shipley (LD)
My Lords, I declare that I am a vice-president of the Local Government Association. Back in 1980, when the right to buy was brought in, I was in favour of it in principle, because it devolved power and responsibility from the state to the individual. It seemed to me that it would lead to greater investment in homes if more private cash was spent on upgrading the country’s housing stock. I did not support selling off social housing without any replacement, always urging for one-for-one one replacement. But that never happened, and worse, around 40% of those homes sold ended up in the private rented sector, with higher rents pushing up the housing benefit bill.
Paragraph 5.5 of the Explanatory Memorandum is very clear in its explanation of this statutory instrument. It says:
“The Government’s objective is a fair and sustainable right to buy scheme that protects existing social housing stock whilst ensuring that secure tenants who have lived in, and paid rent on their homes for many years, retain the opportunity to own their home. This statutory instrument will directly support that objective”.
The two key words seem to me to be “fair” and “sustainable”. It is fair that those who have paid rent for many years should be able to benefit from their rent being seen as a form of deposit, and this statutory instrument will still enable them to do so.
Back in 1980, it was only fair that council tenants of long standing should not be excluded from the benefits of inflation on the capital asset they were renting. But the situation is very different today. Discounts have got bigger. Housing for social rent has been neglected. There is a massive affordability crisis in buying a home for those on lower incomes as prices have continued to rise steeply. Yet rented housing—private or public—is nowhere near enough to meet demand from those unable to buy, and more people than ever are homeless.
It is inappropriate to allow the current right-to-buy system to continue without amendment. Indeed, in Scotland and Wales, right to buy has been scrapped altogether. That is not what the Government are doing in England. They are cancelling the possibility of extending the right to buy to housing association tenants, but the right to acquire, which has a lower level of benefit, will continue to be available.
Housing Supply and Homelessness
Lord Shipley Excerpts(1 year, 3 months ago)
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Lord Shipley (LD)
My Lords, I first remind the House that I am a vice-president of the Local Government Association. I thank the noble Baroness, Lady Warwick of Undercliffe, for this debate. I agree with her that we need a long-term strategy and that the scale of the problem is daunting. I also thank the noble Lord, Lord Young of Cookham, for his important suggestions around the private rented sector, in particular the potential impact of the increase in stamp duty on rent levels in the private sector.
There have been many reports on the housing crisis and how to address it from Shelter, Crisis, the National Housing Federation and the Affordable Housing Commission, which is chaired by the noble Lord, Lord Best, and was established by the Smith Institute with the support of the Nationwide Foundation. Of course, Homes for All, the Church of England report published earlier this year, rightly talked of our moral duty to ensure that all households have access to affordable, safe and quality homes—and I agree. It is appropriate that the most reverend Primate the Archbishop of Canterbury has chosen this debate to make his valedictory speech.
All those reports have urged that a national housing strategy and affordable housing—that is, genuinely affordable housing—should be a national priority. Today’s homelessness figures give us a stark warning, with 123,000 households, including 159,000 children, in temporary accommodation. Council spending on temporary accommodation reached £2.29 billion last year, which the National Audit Office said is unsustainable. It is unsustainable, but we cannot solve homelessness without building many more social homes for rent.
We should always remember that secure, affordable homes are fundamental in addressing child poverty. We must build capacity in social housing for rent. I acknowledge the immediate help recently offered by the Government for up to 5,000 new social and affordable homes. I also acknowledge the need to protect new-build social homes. The fact is that around 11,000 council or housing association homes are being built every year but, last year, 23,000 such homes were sold off on knock-down. We must stem the loss of homes for social rent. Indeed, some 2 million homes have been sold under right to buy, of which some 40% are now in the private rented sector, with higher rents in that sector pushing up the housing benefit bill.
I applaud the scale of the Government’s ambition. They have promised the biggest increase in affordable housing in a generation. I welcome this and hope that it proves true. The Government promise 1.5 million more homes by 2029, but we should bear in mind that the chief executive of Homes England said in a recent message to staff that this would need “two parliamentary terms”, while the Centre for Cities has said that the Government will undershoot by 388,000. In any case, a target is not an outcome. Outcomes need plans, and plans need to be published and debated outside of the spending review.
There is a big problem: since 2015, 1 million homes in England and Wales—that is one in three—have had planning permission but not been built. Also, 70,000 housing association and council dwellings currently stand empty—a figure that has been rising. So, as an urgent priority, might the Government address solutions to these two immediate problems?
We should also remember that government spending on housing is at its highest ever level, in real terms. Fifty years ago, 95% went into building and improving homes; today, it seems that almost 90% is going into housing benefit, on which the Government are now projected to spend £35 billion a year by 2028. This is clearly unsustainable.
On the numbers, lots of ambitious targets have been set by a wide variety of bodies. It appears as though the Secretary of State may be thinking of a number lower than some of those reported by, for example, the National Housing Federation. That, I suggest, is a consequence of their understanding of the significant structural problems with delivering large numbers in the short term. We need to build capacity in councils and housing associations. We need a bigger construction workforce and more planning officers. It is not just the planning system but its resourcing. We should bear in mind that more planners can be self-financing.
I welcome the Government’s sense of direction but, with 1.2 million households on local authority waiting lists, solutions have become urgent. Let the Government concentrate on putting in place the foundations we need to address this housing crisis of high demand and inadequate supply. One of those foundations could be that local authorities should be able to buy land at current use value rather than hope value. But the test of success will be that homes become genuinely affordable to those on medium and low incomes.
Housebuilding: Regional Mayors
Lord Shipley Excerpts(1 year, 3 months ago)
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Baroness Taylor of Stevenage (Lab)
My Lords, I am not going to apologise for the housing ambitions of this Government. We were left with a housing crisis, which we have set about tackling. The previous Government failed to do so for 14 years. We want to see young people able to achieve home ownership, to make sure all homes are safe and well maintained, and to create a new generation of social housing and new towns. We believe that everyone deserves a safe, secure, affordable home—do they not?
Lord Shipley (LD)
My Lords, the Minister talked of mayors’ strategic planning role, but who actually makes decisions on targets—the local planning authority, the mayor, the department or the Treasury?
Baroness Taylor of Stevenage (Lab)
My Lords, we have done an extensive consultation on the National Planning Policy Framework. We reintroduced government housing targets, because we want to deliver 1.5 million homes over this Parliament. We are going to do that with the aggregate of targets from local plans, so we will consult local mayors as they develop their role in strategic plan making.
Social Housebuilding
Lord Shipley Excerpts(1 year, 5 months ago)
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Lord Shipley (LD)
My Lords, the Question relates primarily to new social homes, but it was reported at the end of September that around 70,000 council and housing association homes are now lying empty. Can the Government say something about what is planned for those 70,000 dwellings?
Baroness Taylor of Stevenage (Lab)
My Lords, there are multiple reasons why properties may be empty, but it is important that we bring as many homes as possible into use. Councils are being given greater powers to charge additional council tax for empty properties, and I know that they will be looking very carefully at the stock of housing to make sure that it is brought into use as quickly as possible. We are also looking at things such as compulsory purchase order powers and so on. Councils already have those but it is very important that we give councils as many tools in their armoury as possible to prevent houses falling into dereliction or simply being left empty because they have been bought as investments and are not let out or used.
Teesworks Programme: Audit
Lord Shipley Excerpts(1 year, 8 months ago)
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Lord Khan of Burnley (Lab)
I thank my noble friend for raising those important issues. It is true that the previous Government scrapped the Audit Commission and replaced it with a fragmented, locally led audit regime that is failing. This Government are committed to overhauling local audit and restoring better value for money for taxpayers. We are looking closely at all the evidence, and we will set out our plans, including legislation, shortly. I must remind the House that until we get the response of the Mayor of Tees Valley we cannot explore the options. We will wait for the response to the 26 recommendations which the mayor was asked to look at and then take further action.
Lord Shipley (LD)
My Lords, the Minister said that scrutiny is important and has committed the Government to undertaking further action when the mayor’s response has been received. What is the Minister’s expectation of the timescale? The mayor will respond quite soon, as I understand it, and the Government then have to say what they want to do. Can the Minister tell us how long that might be? Will he take into consideration the fact that the Tees Valley Combined Authority plans to have only five meetings of its cabinet in the period from September this year to the end of June 2025?
Lord Khan of Burnley (Lab)
I cannot comment on the meeting schedule of the Tees Valley Combined Authority. That is something for it to look at. In relation to the timeline, I have said to the House in previous answers that until six months have passed and the mayor has had an opportunity to address the concerns in relation to the 26 recommendations, we cannot work on this further. In the meantime, we recognise the point made by my noble friend that local audit needs transformative change, and noble Lords will very shortly hear the plans for changing the way local in which audit takes place.
Tees Valley Combined Authority: Best Value Notice
Lord Shipley Excerpts(1 year, 10 months ago)
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Baroness Swinburne (Con)
There is a strengthened governance code for all the combined mayoral authorities and all these types of devolved government. I am sure that, as we progress with this, we will see those governance systems start to work more efficiently and effectively.
Lord Shipley (LD)
My Lords, on 5 March 2024, the Government issued a best value notice to the West of England Combined Authority. On 24 January 2023, it issued a best value notice to Cambridgeshire and Peterborough Combined Authority, and it renewed that on 30 January 2024. Why are the Government refusing to implement an enforceable best value notice on Tees Valley Combined Authority when it imposes them on other combined authorities?
Baroness Swinburne (Con)
To assist the House, let me say that best value notices are similar to the Department for Education improvement notices, which are issued following an Ofsted inspection and are a step before statutory intervention. A best value notice is issued to a local authority exhibiting indications of future best value failure. The notice is posted on GOV.UK and outlines the Government’s concerns with the authority and the clear expectations of the actions needed to ensure continuous improvement. The examples given are a clear way in which those non-statutory instruments can be used. With regards to Tees Valley, it has just undergone a major independent review with 28 recommendations; we will see in six months’ time if it has been conformed to.
Social Housing: Right-to-buy Sales
Lord Shipley Excerpts(1 year, 11 months ago)
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Baroness Swinburne (Con)
I am afraid that is not my understanding of what has happened historically, and I understand that some Members of this House may have been involved in setting up the original scheme.
Lord Shipley (LD)
I remind the House of my register of interests. Can we go back to the issue of the right to buy? In the last year, 10,896 homes were sold through right to buy in England and only 3,447 houses replaced them—a net loss of 7,449 in 2022-23. How would the Minister explain that to a family stuck in temporary accommodation which is gradually becoming permanent?
Baroness Swinburne (Con)
I do not recognise those figures. The figures I have in front of me are that, in 2022-23, local authorities reported 10,896 eligible sales, which was very similar to sales in 2021-22, and delivered 8,900 homes that same year. Overall, there was a net increase of 4,600 affordable homes in that year.
Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024
Lord Shipley Excerpts(2 years ago)
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Lord Scriven (LD)
My Lords, I thank the Minister for presenting this and I see some logic in some of the provisions within the regulations. However, paragraph 10.1 of the Explanatory Memorandum raised my eyebrows. It asks:
“What is the approach to monitoring and reviewing this legislation?”
It then states that:
“The Government has no plans actively to monitor this legislation; the majority of provisions are already in operation without problems for combined authorities”.
Tell that to people who have sat on the Tees Valley Combined Authority’s overview and scrutiny committee. They would tell you that things were not working properly. It got to such a point that the dysfunctionality of that combined authority and the poor or lack of oversight of what was happening led to the Tees Valley Review, which was produced by an independent panel and made some quite interesting observations on what was happening there. The report said that:
“The former monitoring officer advised TVCA oversight and Scrutiny Committee they had no remit to scrutinise”
South Tees Development Corporation decisions. That was quite interesting because Tees Valley Combined Authority had given over £200 million-worth of loans to the South Tees Development Corporation and therefore there was a direct link to why overview and scrutiny needed to take place.
In the report, previous members of the Tees Valley Combined Authority’s overview and scrutiny committee
“expressed frustration at the lack of information provided which they felt undermined their ability to scrutinise the activity of STDC and TWL”—
Teesworks Limited—which is now a privately owned company, 90%-owned by the private sector. Two businessmen with a 90% stake are making super profits on the back of £500 million-worth of public sector investment and again, the overview and scrutiny committee has not been able to scrutinise most of that money.
Recommendations 6 and 7 of the Tees Valley Review report relate directly to overview and scrutiny and show why it was not working, what the deficiencies are and how things need to be improved. The Minister pointed out that new guidance is coming forward, but if the Government are not going to monitor actively the legislation, how will they know whether another Tees Valley Combined Authority issue could happen or is happening? What mechanisms do the Government have in place to ensure that this kind of dysfunctionality can never happen at a combined authority again? It is an important question that the Minister needs to answer, especially since this new legislation will not be monitored. If arrangements are not in place centrally to determine whether there is this kind of dysfunctionality, what arrangements will be put in place to ensure that this could not happen again in any of the existing combined authorities or the new combined county authorities?
Lord Shipley (LD)
My Lords, I will wait for the Minister to reply to the points raised by my noble friend Lord Scriven. In her introduction, she talked about the review that is taking place but not the timescale. It would help the House to know when the Government expect the response, which we all expect, to be produced.
I understand that this instrument maintains parity between combined authorities and combined county authorities and that it is necessary. However, I was concerned to read in paragraph 7.4 of the Explanatory Notes that
“several of the combined authorities with whom the draft legislation was discussed asked if provision could be included enabling committees to meet virtually or to reduce the quoracy requirement for the transaction of committee business from its current level of two thirds of committee members”.
I am very pleased that the Government concluded
“that face-to-face attendance of meetings”
of overview and scrutiny, and of audit, is important. It is and, having worked on the levelling-up Bill and moved amendments in relation to overview and scrutiny, and audit, I think that the Government’s position is correct.
It is very easy for those who are running overview and scrutiny, and audit, to want to reduce the workload and so suggest “Can we meet virtually?”—that means that, rather than all the conversations that take place before or after a meeting, people are only discussing these matters online—and, “Can committees have a lower turnout/attendance rate?” When we moved these matters in previous legislation, the figure of two-thirds mattered because overview and scrutiny, and audit, must be taken very seriously. I hope that the Government understand this.
We will see when we get the report that the Government are due to present to your Lordships’ House, but, as my noble friend Lord Scriven said, my eyes lit upon the words at paragraph 10.1 of the Explanatory Notes saying that:
“The Government has no plans actively to monitor this legislation”.
I think that this means relating only to whether people take up the option of allowances—it may mean that; however, it may mean something else. I hope that the Government do not mean the wider definition of “legislation”, because all the evidence suggests that the Government need to keep a very close eye on overview and scrutiny and audit, and how it is being carried out.
Lord Khan of Burnley (Lab)
My Lords, I thank the Minister for introducing these regulations. It is a pleasure to follow the noble Lords, Lord Scriven and Lord Shipley, who have asked some very important questions.
The Levelling-up and Regeneration Act 2023 provides for the establishment of combined county authorities, which typically cover more rural areas; the existing combined authorities typically cover cities. The purpose of these regulation is to ensure that the same membership and proceedings provisions apply to the overview and scrutiny committees and audit committees of combined county authorities as apply to the same committees in combined authorities.
The regulations aim to create uniformity across both types of local authority in terms of committees that scrutinise the spending of public money and enable their members to be paid. We on these Benches would like to raise some specific issues. The measures mirror powers given to local authorities and the current combined authorities. We must be careful that we do not create legislation that allows combined authorities to create overview and scrutiny functions and audit functions if they do not have the specialist teams that are needed to support them properly.
This is a point my honourable friend Jim McMahon MP raised in the other place; he had no satisfactory response. We all know that when local government excels in scrutiny, it is because it has a well-resourced team that enables it to do proper, deep-dive reviews and investigations, to call in expert witnesses and to really go through things. I do not see that provision of finance in these regulations, so I would welcome a response on that.
Will overview and scrutiny committees have the power to conduct a “best value” review? Will remuneration for members of the committees reflect the type of members the committees want to attract? For instance, getting a specialised accountancy perspective may cost more than getting a residential view; will remuneration for each be the same or different? Have overview and scrutiny committees been reviewed yet? How effective have they been so far at ensuring that there are checks and balances in place on local authority spending? Who will pay for the provisions of these regulations? Will the cost come out of already-stretched local authority budgets?
Local Government Finances
Lord Shipley Excerpts(2 years ago)
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Lord Shipley
That this House takes note of current local government finances and the impact on local communities.
Lord Shipley (LD)
My Lords, I thank all those who are taking part in this debate, and I remind the House that I am a vice-president of the Local Government Association.
We have debated local government funding and the impact of cuts in spending on essential public services on many occasions, but things are getting worse. There is a gap in funding in the face of rising costs and rising demand, and it is widening. In its commentary on the recent Budget, the OBR predicted a four-year squeeze for local government services. It said that local authority funding is due to fall from 7.4% of GDP in 2010 to 4.7% in 2028-29. Indeed, just two years ago, it was only 5.1%. The National Audit Office put it another way: between 2010-11 and 2021-22, the real spending of English councils was reduced by 29%.
Council spending has fallen in all services except social care. At the same time, council tax is having to carry a bigger burden. In 2010, council tax accounted for 40% of councils’ core spending power. It is expected to be 56% in 2024-25. We must conclude from this that the Government have passed on the burden to local council tax payers.
On 26 January, the noble Lord, Lord Markham, wrote to me after a discussion in this Chamber on the proportion of councils’ revenue spending on social care. He said that, in 2022-23, 69% of the discretionary service spending of councils with social care responsibilities was spent on social care of both adults and children. Some have a slightly higher figure than 69%; others, slightly lower. It follows that only 31% is available for everything else. It is simply not enough, and the Government have knowingly let, and are knowingly letting, it get worse. They have been forcing up council tax to meet the rising cost of social care.
Social care has two elements to it—children’s social care and adult’s social care. A few weeks ago, the Levelling Up, Housing and Communities Committee issued a report referring to local authorities’ financial distress and said that one cause was higher spending on children’s social care, with high agency costs, high placement costs and rising demand. I know well that the Government are trying to address that issue, but it needs urgent action and I hope the Government will do that. The number of looked-after children has gone up from 68,000 to 84,000 in the last 10 years. I remind the House that the Children and Families Act 2014 introduced new requirements for additional support, but that has never been properly funded and has not kept up with demand.
The Government’s White Paper on long-term reform of adult social care was published in December 2021. They said that they would set out their plans for adult social care by October 2025—four years’ delay. Meanwhile, the Public Accounts Committee recently said that adult social care demand is not being met. Sir Andrew Dilnot recently said that there has been “no serious addressing” of the problem. Many have concluded that this matter must be decided by all-party agreement, led by the Government. I am clear that that is the right approach. After consultation on an all-party basis, the Government should establish their policy for adult social care and then pay for it, rather than forcing closures of neighbourhood and community facilities and services that are used by everyone.
I was surprised to hear the Secretary of State say, when the final settlement for next year was announced in January, that:
“The Government is committed to continuing to protect local taxpayers from excessive council tax increases”.
I found that a bit rich because, since 2016, the Government have been increasing council tax by 2% a year, compounded, to help pay for rising demand in social care. He went on to say that councils should set out how they will
“improve service performance and reduce wasteful expenditure, for example on consultants or discredited equality, diversity and inclusion programmes”.
The sums involved are very minor compared to the costs of social care. Anyway, in practice, the Government have forced local councils to employ consultants to write all the competitive bids for funding on which Ministers love to adjudicate.
Council tax is regressive and out of date, and there are not enough bands. Some 46% of homes in England—46%—are now charged a higher rate of council tax than Buckingham Palace, which, on band H in the London borough of Westminster, has a comparatively low council tax rate. I was grateful for the reminder about this in the 27 January edition of the Economist. Surely, we need more bands at the top end.
A lot has been said recently about Section 114 notices. We know that several councils face bankruptcy as they try to meet statutory demands and balance the books. One in five says that it is in danger of issuing a Section 114 notice in the next year or two. In the last six years, eight councils have issued Section 114 notices, but it is important not to confuse this issue with the few councils that have not managed their finances well or have made bad investment decisions. They are the exceptions; the real problem is the Government making decisions for local government to fulfil without making the money available to do it—hence all the cuts in a range of discretionary services, of around one-third to 40%, over recent years.
For example, a third of libraries have closed in the last 10 years. Temporary accommodation for people who are homeless now costs £1.74 billion; 104,000 households are in temporary accommodation. We have seen cuts in parks and green spaces, in culture, museums and theatres, in youth services, and in sports, leisure and swimming pools. We have also seen a drop in spending on preventive services that can save money in the medium to long term.
I heard in the news on Monday that half the local road network could fail within the next 15 years. The Local Government Association estimates that there is a £14 billion backlog in local road repairs. To take an example of the Government not funding things, the national living wage will apply in social care and that is excellent to see, but it needs to be fully funded; otherwise, council tax payers will have to make up the difference.
The question for this debate, and for this and all future Governments, is what to do. There is an urgent need for reform of local government funding, and it needs to be done with all-party agreement. We need long-term funding that is not based on competitive bidding. As we have seen, the levelling-up allocations are centrally managed with central deadlines, and only 10% have been spent so far, as the Public Accounts Committee told us last week. Not enough of the projects were “shovel-ready”, and local capacity has not been available because of cuts in funding, so there have not been enough people to do the work to deliver the outcomes. As I say, government deadlines have been far too strict.
What happens now is that we have one-off, sticking-plaster allocations of money. They are not enough, as the recent extra £500 million for adult social care has demonstrated. Local authorities are accused of having reserves that are too big. Let me say clearly that they do not. If I were a chief finance officer of a local council, I would be extremely worried about the projection that the OBR has given of finances for my council over the next four years, and I would want a healthy reserve in place. That is normal—strong reserves are normal for capital investment and for the rainy day that we may well have. Public money requires good stewardship, given the further cuts on the way.
Local authorities need greater freedoms. I have never understood why the Government are so determined not to allow local planning authorities to decide their own fees. Why on earth should they not be able to do that, and recover 100% of the cost of doing it?
We also have to encourage local authorities to invest to save. That requires a national discussion as to how you really can do that—there are things that can be done. If you invest to do something, you will save money in the long term.
We need an acknowledgement that council tax is regressive and needs reform. We need two bands at the top, and quite soon in my view, because otherwise more and more poorer people will pay a higher proportion of their income to support local services.
I have not mentioned business rates. We have had many debates on business rates in this Chamber, and perhaps that is why. It has become a national tax; it is no longer a local tax. I remember when, in my days as a councillor, business rates were managed by local authorities, which decided what the rates were, but that was a long time ago. I repeat what I said during the passing of the Non-Domestic Rating Bill: business rates have simply got too high.
The Government are failing to produce long-term settlements. For the last six years, we have had one-year settlements for local authorities. I do not understand why the Government cannot do better than that. It would really help people to plan.
The Local Government Association has told us that cost and demand pressures have now led to a £4 billion funding gap over the next two years simply to maintain the level of current services, not to increase them. That is a substantial sum of money, and local government finances will be in a precarious state unless action is taken.
I do not want us to end in a permanent state of crisis. With thinking and all-party discussion, that can be avoided, but I wish the Government would do a bit more on audit. The Audit Commission was abolished just over 10 years ago, and I have no doubt that it had suffered mission creep. Equally, I know that having a proper audit system underpinning local government, and feeding information to the Government about how things are going and where extra investment is needed, is really important. In your Lordships’ Chamber, I have previously welcomed the Office for Local Government, Oflog. It should be at the centre of all this but, to be honest, I do not know whether it is. We now have a huge gap in audit, which is starting to cause us some concern.
Finally, we need the fair funding review. We also need to reflect, as we used to, the needs element of local government spending, which has gradually over time been eroded. I hope we will have a helpful debate, and that this Government and any future Government will be able to take action on the things identified by noble Lords. I beg to move.
Lord Shipley (LD)
My Lords, I am very grateful to all those who took part in this debate. I must say, I have appreciated the richness of what we have heard today. I hope that the Government will take note of a lot of the valuable comments made. I pay particular tribute to the right reverend Prelate the Bishop of Manchester, who picked out the five key words in this debate: the impact on local communities. We have a tendency to debate funding settlements and fiscal policy but the impact on local neighbourhoods, people and communities was the objective of this debate.
I listened carefully to the Minister’s reply and was pleased by one thing. I agree about the work being undertaken to make residential placements for children more sustainable; I hope that that is going to be completed fairly rapidly.
The Minister said that there has been no decline in the support for councils by the Government. I do not agree. She quoted a whole set of examples of new things happening across a range of local authorities but, first, you cannot generalise from the particular, and, secondly, they were capital projects. I am talking about the impact mostly on revenue of the switch into adult social care, which is not being recompensed for local community services.
The Government capped local authorities on council tax. Since 2016, they have required local authorities to increase council tax for the social care precept by 2%. Had all that money been supplied by the Government nationally, that 2% each year compounded would have been available for those services to those local communities. The whole point of my debate is trying to point out that we have got out of kilter here and that something needs to be done.
I am very interested in the Minister’s statement about reserves. We used to have clear rules about reserves and contingencies in local government. When we had the Audit Commission, we had all of these things. Given the, I think, £31 billion that she cited, I would love for the Minister to write to me to say what proportion of that is earmarked, what proportion is unearmarked and, indeed, what proportion is actually in-year contingencies. It would be helpful to know that.
I thank everyone for this debate; it has been helpful. I hope that this Government, and any future Government, will listen. I hope that the Government will undertake a fair funding review, which has been promised over so many years but has never happened. At that point, we might get the word “local” back into government.
North East Mayoral Combined Authority (Establishment and Functions) Order 2024
Lord Shipley Excerpts(2 years ago)
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Baroness Taylor of Stevenage (Lab)
With permission, I would like to respond to that tribute. I have been in local government for nearly 30 years now, and I knew Mr Rowsell for most of that time. He was a formidable public servant, as the noble Baroness, Lady Scott, said. He was one of the great experts on local government finance—there are not many of those. Paul probably knew more about local government finance than anybody else in the country. I remember the trepidation that you would feel—I was a deputy leader of the LGA for many years—when you went into a meeting with him because you knew, however good your arguments were and however well you had been briefed by the LGA, he would pick it apart in five minutes and decimate your argument.
In spite of his tough approach to those of us who came up against him in meetings, he was very much a trusted member of the team in DLUHC and its predecessor departments—it has had many names over the years. I first encountered him way back when we were working on some of the “best value” initiatives. He was trusted, effective, incredibly knowledgeable and a consummate professional. His public service to this country in the local government department—that is what I will call it—was exemplary. I hope that he will rest in peace and that, for those who knew him personally, his memory will be a blessing. I thank him from our side of the Committee for his wonderful service to local government.
Lord Shipley (LD)
My Lords, it is deeply sad news to learn of Paul Rowsell’s death. I think back to the advice that he gave me during the passage of the Localism Act in the period of the coalition Government from 2010 to 2015. He had the ability to listen, to explain and to stay very polite, even if I was completely wrong on the issue. He had the ability to make things clear so that the understanding of those of us who were dealing with legislation was improved. It is a sad day for local government. He will be sorely missed. I appreciated his presence as part of the Bill team so many times. You knew that if Paul was leading a team, the work had been done and was of an enormously high, professional standard. It is with deep regret that we say that we will miss Paul profoundly.
Baroness Scott of Bybrook (Con)
My Lords, the purpose of this order is to implement the devolution deal agreed between the Government and seven councils across the north-east—County Durham, Gateshead, Newcastle upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland—on 28 December 2022.
We have been working closely with these seven councils. On 2 February 2024, they consented to the making of the order. The institutions that are to be abolished by the order—the two existing combined authorities and the North of Tyne Mayor—consented to the making of this order, which also provides the foundation for the deeper devolution deal for the north-east that we announced in the Budget on 6 March 2024. This trailblazing deal deepens and extends the devolution settlement in the north-east and provides new tools for the future mayor and local leaders to drive regional economic growth.
The order provides for the establishment on 7 May 2024 of the north-east mayoral combined authority, comprising as constituent councils the seven north-east councils. It simultaneously abolishes the existing North East Combined Authority and the North of Tyne Combined Authority, together with the office of Mayor for the North of Tyne. It provides for a new mayor for the whole of the north-east to be elected by local government electors across the area of the seven constituent councils with the first election to take place on 2 May 2024.
That elected mayor will take up office on 7 May with a four-year term ending after the next mayoral election in May 2028. Thereafter, there will be elections every fourth year to be held on the ordinary election day for that year—that is, the first Thursday in May. Following the enactment of the Elections Act 2022, the mayoral election will use the first past the post voting system.
Lord Shipley (LD)
My Lords, I first welcome the comments of the noble Baroness, Lady Quin, whose experience as an MP in the region, and of living in Northumberland, have been extremely helpful to the cause of the north-east in economic development terms. I agree with a number of the comments of my noble friend Lord Beith. He said that the order is underpowered, which is true, but I think it can become more powered over time—that will need to be done. I have always shared his concern about the concentration of powers in one person, and I am also concerned by those major potential capital investment projects that are outside the remit of this mayoral combined authority, not least the A1 and trains.
As this is such a big geographical area—I think it is the biggest of any of our mayoral combined authorities—there are issues around the availability of skills training, particularly in further education, and of T-levels. One thing that it would be helpful for the Government to pursue is whether the availability of T-levels is as successful in the rural and coastal areas of this combined authority as it is in the urban areas.
That said, I congratulate the north-east mayoral combined authority on getting to this stage. Having been the leader of Newcastle City Council, a regular member of the Association of North East Councils and a board member of the regional development agency One North East for seven years, I think that this measure is a tribute to its vision, ability and willingness to work together over such a large geographical area. I see what is happening as a partial return to the status and powers that regional bodies had just a few years ago.
This is an important step for the north-east. It is particularly pleasing to see the successful all-party work that has gone into its delivery to this stage. Durham County Council has a Liberal Democrat leader; Northumberland County Council has a Conservative leader; and each of the five Tyne and Wear local authorities has a Labour leader. It helps drive public confidence and consent when the leadership across the region has such a common purpose, despite their political differences. That is because political consent is vital, as we know from recent debates on the West Midlands.
As the Minister said, this order generated more than 60% support across the north-east, which is very encouraging. That consent needs to be maintained; I hope that this new mayoral combined authority will reflect on the problems that have arisen further south, in Tees Valley. I hope that the north-east mayoral combined authority will review its procedures on scrutiny, audit and risk to ensure that they are sufficiently robust. That said, I strongly welcome this further step towards devolved powers in the north-east of England.
Baroness Taylor of Stevenage (Lab)
My Lords, I too congratulate the seven authorities involved in negotiating this deal with the Government. We are all aware of the additional challenges that, as the noble Lord, Lord Shipley, said, were present in the north-east in achieving consensus across political, geographical and demographic boundaries. Not only has that been achieved but the deal has gained trailblazer status, which will hopefully enable it to attract the high levels of funding needed to tackle the many challenges faced by the north-east.
I am grateful to my noble friend Lady Quin for bringing her great experience in the area to this debate. As she said, having a single voice for the north-east will be helpful. We on this side are committed to devolution, so we will not put any obstacles in the way of a deal that has been subjected to such thorough and intense negotiation and collaboration at local level, but that does not mean that we do not have some questions for clarification purposes. I appreciate that, as I did not submit them to the Minister in advance, it might be necessary for some of them to be answered in writing. I would be quite happy with that.
It is good to see that, in the negotiations that took place over this deal, local government put place before party; that has always been my experience and it certainly shines out from this deal. That is the real power of devolution. We recognise the potential benefits of creating this new combined authority, which will have functions to grow the whole economy of the north-east. We are hopeful that, if our outstanding candidate for the mayoral election, Kim McGuinness, is successful, she will soon be working across the areas of her seven local authorities to grow the economy for all its people and businesses.
Lord Shipley (LD)
Before the Minister sits down, can I add one thing to her list? In relation to the mayoral development corporations, she talked in terms of scrutiny and audit and said that guidance will be issued at some point—I hope sooner rather than later. However, it is not just the question of scrutiny and audit; it is also about risk. In my view, mayoral development corporations should quite separately think about their structures for assessing risk. Scrutiny tends to come slightly after an event as opposed to alongside a decision being made. Audit normally comes significantly after, in practice. It is that management of risk in a mayoral development corporation to which I think greater attention needs to be paid.
Baroness Scott of Bybrook (Con)
I absolutely agree; I think that is the same in all local authorities, however small or large. I see that as part of the overview and scrutiny. We have used “scrutiny” too often without using the word “overview” before it. I would expect that the overview, before anything is delivered, should look at the risks of delivering.
In conclusion, this order, which is strongly supported locally, is a significant step forward for the north-east, for its businesses and its communities. It is key to the future economic development and regeneration of the area, and it will enable local leaders to effectively invest in and address local priorities. I commend the order to the Committee.