Strategic Lawsuits against Public Participation

Lord Shipley Excerpts

Thursday 1st December 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

In relation to the first two of the ameliorative matters which the noble Baroness identified, I can assure the House that those are within consideration and will be enacted in the forthcoming measure. As to the third matter, although the noble Baroness chides me, I can assure the House that what she styles as a delay is not in fact procrastination but a matter of identifying a suitable legislative vehicle to put these very important matters on to the statute book.

[Lord Shipley (LD)]

My Lords, the Government claim to prize and to defend free speech, and the Minister has said that the Government’s intention is to introduce primary legislation as soon as parliamentary time allows. The problem is that fear of a costs order does not deter rich organisations and individuals from abusing the court process, with unmeritorious cases brought only to stifle journalists’ criticism of their activities. So what has been holding the Government back from legislating to enable such cases to be stopped in their tracks, and how long will it be before the primary legislation will be introduced?

[Lord Stewart of Dirleton (Con)]

My Lords, as I said, the delay in this matter, if I may style it in those terms, is not a case of the Government attempting to procrastinate and to kick the matter into the long grass. Rather, it is, as I said in my Answer to the noble Baroness’s Question, a matter of identifying the suitable legislative vehicle into which these measures can be inserted. Were we to proceed to insert this into, for example, the economic crime Bill, which was considered and dismissed, the risk would have been that we would have framed this very serious abuse of process too narrowly. That is why it is important that we legislate appropriately as well as quickly.

Queen’s Speech

Lord Shipley Excerpts

Monday 21st October 2019 Lords Chamber

[Lord Shipley (LD)]

My Lords, I want to say something about housing but I first pay tribute to the noble Lord, Lord Bourne, for his work as a Minister, particularly in relation to the private rented sector. It was always a pleasure to work with him.

I declare my vice-presidency of the Local Government Association. The Queen’s Speech says very little about housing. Indeed, in the five days of our debate, there is no mention of housing as a topic, despite the Government’s continual claims that they are committed to solving the housing crisis. The truth is that there is an absence of both money and clear policy objectives to solve that crisis. Some extra money was put into reducing homelessness over the summer, but it was insufficient. As the noble Lord, Lord Best, reminded us, at the Housing 2019 conference, the then Prime Minister, Theresa May, said that social housing has been a,

“victim of the single-minded drive for home ownership”.

She was right, but the big new idea of the current Housing Secretary seems to be to extend the right to buy to housing association properties. The problem he needs to solve first is the lack of supply of properties that people can afford to live in. This initiative seems more likely to worsen the housing crisis.

There is rising homelessness caused by the lack of supply of social homes. There are 277,000 people homeless in England today, with 7,000 families in bed-and-breakfast accommodation costing £93 million in the past year. There are 62,000 families homeless in England in temporary accommodation. Shelter reports that 3 million social homes are needed over the next 20 years, yet the Government built only 6,500 in the past year. Our waiting lists for social housing have a million people on them and the dream of home ownership is out of reach for many people. So I ask the Minister this specific question: will the Budget due next month start to address this serious lack of resources?

In London in June, the Greater London Authority and the G15 group of housing associations said that the government grant for affordable homes in London needed to increase sevenfold, to £4.9 billion a year. That is evidence of the scale of the problem that the Government need to address. Meanwhile, in the past two years, the 50 biggest housing associations have built more homes for market sale than they have for social rent. Given all the evidence, I conclude that the Government should suspend the right to buy, not extend it.

In this Queen’s Speech, I welcome the building safety standards Bill to improve high-rise safety, in particular, proposals around accountability and the enforcement of compliance. There are suggestions that there could be a Bill on reforming leasehold and commonhold; that would be welcome, as would the further strengthening of regulation in the private rented sector. Regarding the private rented sector, I hope that the Government will proceed with ending the Section 21 “no fault” termination of tenancies at six months. Can the Minister confirm the timings on that?

Today, the average price of a home is eight times average wages. In London and the south-east, it can be 12 to 15 times. Only 38% of people under the age of 34 own their own home. Thirty years ago, it was two-thirds. Generation Rent has pointed out that four in 10 young people live in the private rented sector. Twenty years ago, it was just one in 10. I conclude that the priority should be increasing the supply of new housing and doing so sufficiently to make housing genuinely affordable for those on average and low incomes.

Today, there is a welcome increase in the building programmes of local councils but we need much more. That means greater leadership and finance from the Government now that they claim that austerity is over. It needs a willingness to capture more of the rising value of land with planning permission for community benefit. It means an increase in capital investment in social housing to reduce the high levels of housing benefit going into the private rented sector, which now has to provide accommodation for one in five households.

As we work towards housing costs not exceeding a third of a person’s income, we need to stop calling homes affordable; self-evidently, the Government should not call homes affordable when they are simply not for so many people.

European Union (Withdrawal) Bill

Lord Shipley Excerpts

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

Moved by

[Lord Shipley]

227: After Clause 9, insert the following new Clause—
“Local government consultation
Her Majesty’s Government must—(a) maintain a full consultative role for local authorities in the planning and decision-making processes involved in the United Kingdom’s withdrawal from the EU, in due time and in an appropriate way for all matters which concern them, and(b) provide by regulations made by a Minister of the Crown for a formal mechanism in domestic law to replicate the advisory role conferred on local authorities via membership of the EU Committee of the Regions within the United Kingdom after exit day.”

[Lord Shipley (LD)]

My Lords, I remind the House that I am a vice-president of the Local Government Association. Amendment 227 derives from two problems. The first is the fact that consultation with local authorities has been inadequate in the planning of the UK’s withdrawal from the EU. Secondly, the absence to date of any mechanism in domestic law to replicate the advisory role conferred on local authorities by the European Committee of the Regions after exit day is becoming a matter of increasing concern.

Local government has in the past been told that there would be a seat at the table for it. That has not been fulfilled. It is not enough for the Government to have occasional informal discussions with some elected mayors in England and dress that up as proper consultation. The Minister will be aware that the devolved legislatures of Scotland, Wales and Northern Ireland, as well as the Mayor of London, have had detailed consultative involvement in recent months. However, similar involvement has been missing in England and I fear that this results from Whitehall seeing itself as representing all of England as well as the UK as a whole. I have concluded that we need a proper consultative structure for all parts of the UK—the nations, the regions, the sub-regions and the local authorities, right across the United Kingdom.

I accept that, in England, regions and sub-regions may have very different governance arrangements from each other. Nevertheless, we need representative bodies reflecting natural geographies to meet regularly with Ministers. It is very strange that UK Core Cities has found it easier to meet with Monsieur Barnier in Brussels than with UK Government Ministers in London.

There are several very big strategic problems that need resolution if Brexit is to proceed. First there is the replacement of the EU funding streams that currently provide some £8.4 billion in structural funds—mostly ERDF and ESF in the UK—between 2014 and 2020. The aim of the funding streams is to create jobs, support business growth, improve skills and reduce comparative deprivation in poorer areas. The question arises as to how this will be continued if Brexit happens.

Secondly, there are serious issues around workforce planning, particularly in high-tech industries where, for example, graduate retention of international students in our university cities matters profoundly. The immigration and trade Bills must recognise this and I hope that the Minister will be able to confirm shortly that they will.

Thirdly, we need structures to permit discussion of exactly those matters that the Committee of the Regions helped to establish across national borders, such as extremist prevention strategies, protection of our steel industry and community energy supply projects. Talking within the EU across national boundaries has produced better legislation for the United Kingdom.

Finally, we should remember that one reason for the Brexit vote was the serious inequalities that have emerged over the past 20 years across the United Kingdom. A lot of places have felt left behind, and justifiably so. But Brexit must not result in those places feeling even more left behind. We have to ensure inclusive growth for all and so I hope that the industrial strategy and the planned shared prosperity fund will help to deliver that. To achieve it will require a structure for shared discussion of the issues by the regions, the sub-regions and local government generally, and I hope that the Minister agrees. I beg to move.

[Lord Porter of Spalding (Con)]

My Lords, I rise briefly to speak in support of the spirit of the amendment, but first I need to put on the record that I am the chairman of the Local Government Association and the leader of South Holland District Council. Obviously that is South Holland in Lincolnshire, not south Holland in the Netherlands.

--- Later in debate ---

[Lord Shipley]

Indeed, my Lords, I shall do so. I thank the Minister for his response, which is mostly welcome. It is clear that some progress is being made. It is good to hear that, prior to Report, we shall hear more about what is planned.

However, I want to say two things. First, meetings regionally and sub-regionally, certainly in England but almost certainly also in Scotland, Wales and Northern Ireland—although it is not for me to say—need to be more regular, inclusive and public. Secondly, I was encouraged by what the Minister said about replicating the Committee of the Regions’ consultative arrangements, but I share the concern of the noble Lord, Lord Adonis, about the structure within which that will take place. It is one thing for roadshows to turn up in places and take evidence; it is another to have a formal structure where everybody understands how it is working. That should include elected mayors, combined authorities and local enterprise partnerships. I hope that the Minister will give due consideration to this prior to Report.

[Lord Adonis]

Does the noble Lord agree that it is crucial that an actual body is established? Will he perhaps invite the noble Lord, Lord Porter, who chairs the Local Government Association, to bank the very constructive response of the noble Lord, Lord Bourne, to ensure that that happens, because this could be a seminal moment in the development of the constitution of England?

[Lord Shipley]

I agree with the noble Lord, Lord Adonis. He has made several points which constitutionally are extremely important. I also believe that to link the regions and sub-regions of the nations with Parliament through its second Chamber seems a very interesting constitutional proposal. It would not be strange in some other countries I can think of where similar structures apply. I would like to think we could look further at that as well. I beg leave to withdraw the amendment.

Amendment 227 withdrawn.

Scotland Bill

Lord Shipley Excerpts

Tuesday 19th January 2016 Lords Chamber

[Baroness Quin]

Amendments 73B and 73C are in my name. I am glad there is cross-party support for Amendment 73C from the noble Lord, Lord Shipley, the noble Viscount, Lord Ridley, and the noble Lord, Lord Curry of Kirkharle, whom I am pleased to see in his place. Indeed, the noble Lord, Lord Shipley, has also co-signed Amendment 73B.

Both amendments have been tabled to highlight the issues in the Bill which have implications, and possible implications, for the rest of the United Kingdom. In particular, Amendment 73B refers to the areas bordering Scotland—the north-east of England and Cumbria. Amendment 73C asks for a report from Ministers within a year of the passing of the Act, and an impact assessment of its measures on the areas adjoining Scotland. In particular, it seeks an impact assessment of Parts 2 to 5.

Amendment 73B stresses the importance in implementing the Bill of having regard to the need to help promote the political and economic well-being of the UK as a whole. Many of us are very happy that the referendum result was a strong no, but people in Scotland voted to maintain the United Kingdom in its present geographical form because they wanted to see a successful UK in the future. A commitment to ensure the success of the UK as a whole is therefore important, as well as delivering on the Smith commission and the specific devolution proposals which the Bill contains.

When I tabled these amendments, I had not realised that so many of today’s debates would in effect be about them. Many of the debates have been about not only respecting devolution but looking at ways of strengthening the UK as a whole. We had an interesting debate about the future of the British Transport Police. Whatever comes out at the end of this process, I think we would all agree that we need a system which ensures that there is effective policing of our transport network, including on cross-border trains. I say that with some feeling, given that every train I travel on to get from my home in Northumberland to this House is a cross-border train. I certainly want to see the highest safety standards on those trains. Similarly, I would like us to commit ourselves to ensuring that the UK as a whole is successful and, as far as we can, to ensuring its overall political and economic harmony.

When I spoke at Second Reading I said that I supported the Bill, and I do. These amendments, which are probing, do not seek to damage the Bill but arise from the concern we have expressed about the need to promote economic and social solidarity across the UK. A lot of today’s discussion has been about the Smith commission and the extent to which it is set in stone. These amendments do not contradict the commission in any way, but they add to the requirements on Ministers regarding the UK as a whole. They would require that the need to improve the union of the UK is adhered to.

We are all influenced by our backgrounds and our ties with particular parts of the UK and, not surprisingly, as a north-easterner I am keen to see that the north-east prospers in the future. It has had a lot of economic upheaval in the past and has been very innovative in recent years, but it certainly needs to improve economically. I would not want any Bill before Parliament to result in worsening the position of one of the UK’s poorer regions, so I do not apologise at all for tabling an amendment which is very much related to the north-east and Cumbria.

There were concerns in the north-east at the prospect of a yes vote in the referendum—concerns about what having an international border on our doorstep would mean for us, given the uncertainties about currency and immigration controls, for example. The two countries might have very different immigration policies. There were also concerns about people crossing the border each day for work—in both directions—and people wanting to access health services on either side of the border. Given the outcome of the referendum, we should certainly make a strong commitment to ensuring that people on both sides of the border have access to the facilities and services they need, and that those facilities and services are of a high standard.

Later in our proceedings we will be looking at air passenger duty, but here I will raise one transport issue that is of concern to people on both sides of the border and seems to me a prime candidate for a cross-border project which would help people on both sides of the border: the improvement of the A1 between Newcastle and Edinburgh. When driving last week up to Haddington in East Lothian, I was again very much aware that north of Morpeth almost until you get to Edinburgh, the road is a mixture of dual and single carriageway. That possibly explains why so many of the accidents on that road have been head-on collisions—because people get confused about whether they are on a dual section of the A1 or a single section. The road is, ironically, entitled the Great North Road, but it is anything but that in its present state. What we do not want to see as a result of devolution is less prosperous areas of the UK losing out further, and we need to make a conscious commitment to avoid that happening. That will involve lots of practical measures.

The amendments might seem rather sweeping, but many different issues could be encompassed within them. Earlier, the noble and learned Lord, Lord Wallace of Tankerness, talked about the tribunal system and the usefulness of being able to transfer tribunals from one part of the UK to another in order to avoid backlogs. That seemed to me a small but rather important example of how we should ensure that the UK works better as result of what we are doing.

I would like the Government, in responding, to say two things. First, how do they intend to ensure that the UK will work more successfully in future? In particular, what cross-border projects are they in favour of to ensure that there is some enthusiasm across the border about improving roads, infrastructure and other facilities on which people on both sides of the border rely? I certainly hope that the Government will look sympathetically at the spirit of these amendments, and I look forward to the Minister’s reply.

[Lord Shipley (LD)]

My Lords, I rise to speak in support of Amendments 73B and 73C, to which my name is attached. I agree with the noble Baroness, Lady Quin, that the Bill concerns the whole of the United Kingdom and not just Scotland. It has to be considered not just from the perspective of the two Governments—the Scottish Government and the UK Government—but from the perspective of the people living in those parts of the United Kingdom that share a border with Scotland.

Although I support strongly the principles behind the Bill and welcome the proposals to devolve powers, responsibilities and further tax-raising capabilities to Scotland, I am very aware that the level of public spending on Scotland is significantly higher per capita in Scotland than it is in the north of England. To give the figures from the latest year for which they are available, in 2014-15 in the north-east of England the total identifiable expenditure on services per head was £9,347, in the north-west of England it was £9,197, in Yorkshire and the Humber it was £8,660, but in Scotland it was £10,374. These are very different levels of per capita spending, and they need to be explained so that the general public understands the basis for them. I look forward to seeing and considering the fiscal framework when it is published shortly, which I hope will explain these differences. We will then see what impact any changes will have on the operation of the Barnett formula and how far the Scottish Government will need to use their powers over income tax to pay for better public services, where they decide to have them, than are available in the rest of the UK.

The two amendments, Amendments 73B and 73C, reflect this problem. The UK and Scottish Governments should not proceed by disregarding the impact of the fiscal settlement on the rest of the United Kingdom. I hope that both Governments will understand the need for the whole of the UK to be strengthened, not just one part at the expense of another. In that respect, it is very important, as the noble Baroness, Lady Quin, explained, for there to be a report by both Governments on the actual impact on the areas south of the border. I hope that the Minister will recommend that it should become an annual statement, as it would aid public understanding of the devolution agreement.

Scotland Bill

Lord Shipley Excerpts

Tuesday 24th November 2015 Lords Chamber

[Lord Shipley (LD)]

My Lords, it has been a pleasure to listen to this debate and to the excellence and importance of all the contributions that have been made—not least that of my noble friend Lord Campbell of Pittenweem in his maiden speech. I look forward to the rest of the contributions and, in particular, to the speech of the noble Baroness, Lady McIntosh of Pickering.

I decided to speak in this debate for two reasons. First, the Bill concerns the whole of the United Kingdom and not just Scotland. Secondly, there is the principle of no detriment, which remains the central issue and is clearly not yet resolved.

The Bill has to be considered, not just from the perspective of the two Governments—the Scottish and UK Governments—but from the perspective of those parts of the United Kingdom that share a border with Scotland. Living in Newcastle upon Tyne, I have an acute awareness of cross-border issues.

I make it clear at the outset that I support the principles behind the Bill. The people of Scotland want enhanced devolution with the tax-raising powers that come with it, and it is also clear that devolution commands broad support from the UK’s political parties. But the no-detriment principles are primarily seen as a matter for the two Governments. We have had a lengthy debate as to what those two no-detriment principles mean and whether they are deliverable. I suggest, as part of this Second Reading, that a no detriment principle must surely extend to ensuring no detriment to those parts of the United Kingdom that share a border with Scotland and which could lose out—if, for example, the Scottish Government reduced air passenger duty by 50% or 100%. The impact of such a decision on airports south of the border might be significant. A small outflow of passengers chasing lower fares in Scotland could cause a movement of carriers. It would be of little help to the connectivity of the north-east of England if air passenger duty was not reduced there in line with whatever decision was taken to lower it in Scotland.

There is a further issue. If Scotland reduces APD, who meets the cost of it—the Scottish Government or the UK Government? Logically, the answer is the Scottish Government. If it is the Scottish Government, presumably it will come from the block grant, but the adjustment of the block grant is currently unknown. How will we know that it is fair to the rest of the United Kingdom or that an APD reduction is paid for by Scotland, rather than by the rest of the UK?

I am puzzled, as are many others, as to why this Bill is being considered before the fiscal framework has been agreed. I read the report from the Institute for Fiscal Studies questioning a process in which the new fiscal framework is not part of the Bill. I want to quote from it, because it is highly material. Last week’s report said that,

“it is impossible to design a block grant adjustment system that satisfies the spirit of the ‘no detriment’ from the decision to devolve principle at the same time as fully achieving the ‘taxpayer fairness’ principle at least while the Barnett formula remains in place”.

As part of our discussions on the Bill, it needs to be clear how the block grant is to be calculated in future. The indexation of the Barnett formula during the last 36 years has resulted in serious anomalies. These must be addressed. If they are not, there is a real possibility that increases in taxes in the rest of the UK, which fund higher spending in the rest of the UK, could end up funding higher spending in Scotland through the block grant system without a corresponding increase in Scotland’s tax levels. The Smith commission talked in terms of taxpayer fairness. We must ensure that this is fulfilled for the whole of the United Kingdom.

Perhaps the reason the block grant adjustment system has not been agreed is that there have been very few formal meetings to get on with doing it. Papers for and reports of meetings are not in the public arena. However, in a Written Statement earlier this month, the Secretary of State for Scotland said that the Joint Exchequer Committee had met four times since June 2015, that work was continuing and that both Governments aimed to complete this work as soon as possible to give the respective Parliaments time for due consideration of both the fiscal framework and the Scotland Bill. Broadly speaking, that is a meeting a month. It is hard to see how the timetable will be met, since the Bill is with us now and Committee stage approaches. We have, however, received ministerial assurances that we will have a fiscal framework by the time we reach Committee in the new year. I hope that proves to be the case.

In a compelling report, the second conclusion from the Institute for Fiscal Studies is very important. It says that,

“it may now be time for a more fundamental reassessment of how the devolved governments are financed”—

that includes Wales and Northern Ireland—

“including whether the Barnett formula should be retained. Reform of Barnett may remove some of the conflicts between the Smith commission’s principles. The Smith Commission parked these issues to one side by stating that the Barnett formula should be retained. Making the UK’s fiscal framework sustainable for the long term may require reopening the debate”.

We have heard that this problem over the Barnett formula has also been pursued by the Economic Affairs Committee in its excellent report published last Thursday. It, too, concluded that the Barnett formula should be replaced with a needs-based funding formula. That has to be right. It would be in line with the report published by the Select Committee of your Lordships’ House on the Barnett formula in 2009.

In conclusion, we have a Bill to consider which, in principle, I want to support and which should be supported. However, we lack the information we need to consider it and which is central to getting the legislation right. I hope we will have the fiscal framework to consider at some point during Committee and that the Government will take seriously the need to revisit the Barnett formula as part of the block grant agreement that is reached.