Leasehold and Freehold Reform Bill (Seventh sitting)

Baroness Maclean of Redditch Excerpts

Committee stage
Thursday 25th January 2024 Public Bill Committees

[The Chair]

I call Matthew Pennycook—

[Rachel Maclean (Redditch) (Con)]

rose—

[The Chair]

Oh, I beg your pardon. I did not catch you out of the corner of my eye. I call Rachel Maclean.

[Rachel Maclean]

I apologise, Mr Efford. I was not quick enough on my feet. Thank you for calling me, and it is a pleasure to serve under your chairmanship.

I thank the Minister for his comprehensive answer to the shadow Minister’s questions. My point is somewhat in the same vein, and I am very much thinking of the witnesses we had from the National Leasehold Campaign, who talked about this point in quite a bit of detail. Their concern was about having to pay to buy out the ground rent. Of course, there are a number of elements, factors and variables dependent and contingent on the outcome of the consultation. There are people who might be watching this thinking, “Well, when will I actually know how much it is going to cost me?” A year can go by and they may tip over that threshold. Can the Minister give a bit of clarification to those leaseholders who have been trapped for so long and want to see some light at the end of the tunnel? What signpost can he give on when this right will apply to them and how much they will have to pay if they want to exercise their individual right to have their ground rent reduced to a peppercorn?

[Lee Rowley]

I am grateful to my hon. Friend for raising that point. She is absolutely right that this matter is important to a number of people, and that it is important that we provide the greatest transparency at the earliest opportunity. I hope she will forgive me for not being able to answer her very valid question directly. We are dependent on an appropriate and detailed review of the consultation, which is necessary—for some of the reasons we talked about on Tuesday—given its importance to a number of parts of the sector and others. We need to allow that to conclude, hopefully as swiftly as possible, and then we need to get it through this place and our colleagues in the other place, who can often slow us down. Hopefully, that will happen as soon as possible.

--- Later in debate ---

[Lee Rowley]

I am grateful to the hon. Gentleman for raising that point. He articulates another example of good law being used in a way that is, in my view—without talking about individual incidents—both unintended and inappropriate. I am not a lawyer, and do not seek or have any desire to be one, but as I understand it, there is a concept of reasonableness within the legal domain based on an Act from a number of years ago. Hopefully that helps to answer part of his question, at least from a structural perspective. On the variable service charge side, without talking about individual instances, that kind of instance is a clear example of where those impacted would be able to go through the process of challenging it, which I think would be very sensible. If I were a leaseholder, I might be very tempted to do that, unless the charge could be justified in a different way. On the fixed service charge side, although I accept that there is the potential for these kinds of challenges, conceptually that needs to be balanced with the fact that when the contract was entered, an agreement was made to consent to that amount, for whatever reason—good or otherwise. That is why we are pursuing this. However, I take the hon. Gentleman’s broader point.

[Rachel Maclean]

This discussion goes to the heart of some practices and problems that leaseholders have experienced across the sector. On behalf of the many retirement leaseholders, mentioned by the shadow Minister, the hon. Member for Greenwich and Woolwich, I will make a point and ask for reassurance from the Minister.

What we are talking about with this amendment is different from the ground rent issue. Ground rent is a payment for nothing—nothing is being provided—whereas something is being provided for service charges. There is a service, so there is a need for a charge; that is perfectly legitimate. As Conservatives, we do not dispute the fact that there should be financial recompense for services. However, we find ourselves with a problem, the law of unintended consequences and the drivers of business models.

I would welcome if the Minister could touch on this in his response, but my fear is that if ground rents are removed and business models need to adjust to make recompense for that, the natural behaviour of unethical operators in the retirement sector and possibly elsewhere—some are unethical and do not think about the people who bought properties in good faith—will surely be to seek to load their charges, their profit and loss, back on to the service charge in some way. I am not close enough to existing contracts to know whether they will be able to do that with a fixed charge, so the discussion might be better suited to when we talk about the variable charge. The Minister can help me on that.

The broad point stands, however, in the case of someone dealing with the estate of a loved one, perhaps someone who has passed on, is in care, is suffering from dementia or otherwise does not have the capacity to deal with all this—the Minister will be familiar with such cases. They might be stuck with a property that they cannot sell, and that often applies in such cases when service charges are racking up in a way that is difficult for people to get a handle on—

[Barry Gardiner]

I agree with all the points that the hon. Lady is making. I wonder whether she is aware of the report by Hamptons last year, which said that service charges had increased by 50% over the past five years. That is an indication of just how much of the gouging she is talking about is going on. Furthermore, leaseholders paid a staggering £7.6 billion in service charges last year. Of course, much of that is for the proper renovation of the property, but it seems an extraordinary amount. In fact, 10 years ago, Which? estimated that leaseholders were being overcharged by £700 million.

[Rachel Maclean]

I thank the hon. Gentleman for bringing those figures to the attention of the Committee. I am familiar with them, as are others. [Interruption.] I do not wish to detain the Committee any longer—I can see the Whip making that plain to me. I will leave my remarks there, perhaps to continue at a later point, but the Minister may wish to respond in detail.

[Lee Rowley]

I, too, do not wish to challenge the patience of my colleague the Whip. There will be people who have existing fixed charges; that should not change. There will also be people who have choices about whether to enter into new fixed charges, whether absolute or indexed to some extent. For an inappropriate attempt to do something with variable service charges, there will be the ability to apply to tribunals. I hope that we are closing off all the options that would allow the kind of instances mentioned.

Leasehold and Freehold Reform Bill (Fifth sitting)

Baroness Maclean of Redditch Excerpts

Committee stage
Tuesday 23rd January 2024 Public Bill Committees

[Matthew Pennycook]

I welcome that clarification from the Minister and look forward to any further detail that he might provide to the Committee via written correspondence.

[Rachel Maclean (Redditch) (Con)]

May I ask the Minister to confirm that clause 2(2) refers to schedule 7 to the Bill? In our evidence sessions last week, we heard from certain leaseholders who were concerned that they would not benefit from the provisions if their lease was less than a certain number of years. Paragraph 2(2)(a) of schedule 7 states that a lease will not qualify if

“the unexpired term of the lease is less than 150 years”.

There was some debate about that length. Will the Minister address those leaseholders’ concern that the period is too long and that there should not be that restriction? Or will he write to me later to address what considerations went into that provision? If we are excluding people from these welcome provisions, perhaps we should seek to otherwise widen the group of people who can benefit from having their leases converted to a peppercorn lease.

[Lee Rowley]

We will probably talk in detail about the 150-year decision—the Law Commission proposed 250 years—in relation to quite a number of areas later this morning, so I do not want to pre-empt that now. As I will explain later, the Government’s intention was that, if a lease is coming up in a reasonably short period of time, it is advantageous to align everything together, as opposed to doing just one thing, because there will be the potential for double costs and the like. I am happy to talk about that more when we get further into line-by-line consideration.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Change of non-residential limit on collective enfranchisement claims

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[Mike Amesbury (Weaver Vale) (Lab)]

I, too, rise to support this very generous amendment from my hon. Friend the shadow Minister. It is pragmatic, and it would power up the Secretary of State, whoever that might be, to ensure that leaseholders are able to take control in hopefully larger numbers through extended enfranchisement. I hope the Minister will give the amendment very strong consideration.

[Rachel Maclean]

May I throw the general issue of collective enfranchisement into the mix? The Minister may wish to come back on it at a later point if it suits him better. Many people in this situation have raised with me the sheer practicalities and difficulties of doing a collective enfranchisement. When people live in a huge block of flats with vast numbers of flats, they do not necessarily know who the other people are and certainly do not have their contact details. That, in and of itself, presents a barrier and an obstacle for some of these claims. We have heard evidence from groups affected by this situation—most notably the Free Leaseholders group, but there are many others—who have made this point repeatedly.

[Matthew Pennycook]

The hon. Member raises a very pertinent issue. Is she minded to support our new clauses 30 and 31, which deal precisely with it?

[Rachel Maclean]

The hon. Gentleman is a very persuasive orator in this Committee, as he is in many other fora, and I will definitely listen to those arguments when they are made. We all work in the spirit of improving this Bill. I very much hope that the Government will provide the explanations I have asked for, and specifically on this issue at this point.

[Lee Rowley]

I thank hon. Members and Friends for their contributions. I will take them in turn. On the amendment, I find myself in the slightly unusual place of arguing against a Henry VIII power, as they are occasionally called and as he referred to them. As indicated, there are a number of Henry VIII powers in the Bill, and I am sure that people will have views on them when we get to them. Our colleagues in the other place often have very strong views on such powers. It is an unusual place to be, but I happily take it up.

I absolutely understand the point that hon. Members have made and the reality of what they are trying to articulate. The fact that we are making a change indicates that there are times when it is proportionate and reasonable to make changes. The reason for the Government’s not taking powers in secondary legislation—which I know, joking aside, that hon. Members would accept—is that there is a continuum for drawing or not drawing lines, and we think that this does not necessarily need to be on the line of taking powers in order to do things in secondary legislation, simply because this is a substantial change. It is being actively debated; Members are debating whether it is sufficient and, as my hon. Friend the Member for Redditch asked, precisely how it will work to improve the situation in practice. I think the Government’s preference is to keep that discussion in primary legislation. We recognise that primary legislation is always more challenging in terms of timelines and space in this place, but it is a sufficiently important change that it should be able to be debated in the way we are doing today.

--- Later in debate ---

[Matthew Pennycook]

I completely agree with my hon. Friend. I think I am justified in saying that it is frankly laughable that this has happened. We have an amendment paper that is almost—and may be, in due course—larger than the Bill itself. It reeks of a Government in disarray. Though I know that the Minister has picked up this Bill part-way through its development, I urge him not only to do what he can to ensure that when the Government publish any Bill it is broadly in the format they wish it to proceed in and see passed, but also to table any further amendments to this Bill in good time so that we can give them the level of scrutiny that leaseholders across the country rightfully expect.

[Rachel Maclean]

I will not detain the Committee for long. In response to those comments from the Opposition, I observe only that when they were last in government— in 2002, if I am correct—they had the opportunity to address the system and rectify the failures that we are now dealing with. It is now left to this Government to do it. On that note, I want to say to my hon. Friend the Minister how important it is that the community-led housing sector is excluded. I would not normally say that about any form of housing, but we have recently strengthened the national planning policy framework to encourage more of that type of housing. We know it is popular and often commands local support, while other types of housing sadly do not, and we need to see more of it built. The sector has had extensive discussions. This is a sensible amendment, which I support.

[Lee Rowley]

I thank my hon. Friend for confirmation of the importance of community-led housing, which we have spoken about previously. I absolutely agree about its importance.

I will not get into a broader conversation about the processes of government, other than to say that I note the concerns of the hon. Members for Brent North and for Greenwich and Woolwich. The intention is to give the Committee and the House as a whole as much scrutiny as possible. I am sure that the hon. Members will understand that, outside the bounds of the points that they are making, getting proposed legislation ready is often a complicated process—in particular ensuring that it is as correct as it can be. None the less, I have noted their points, but I hope to be grateful for their support for the underlying provision we are debating.

Amendment 57 agreed to.

--- Later in debate ---

[Richard Fuller (North East Bedfordshire) (Con)]

I want to speak briefly in support of the third point made by the shadow Minister, the hon. Member for Greenwich and Woolwich, in which he addressed the interaction of the Bill with the Government’s ground rent consultation. If I heard him correctly, he was asking the Government at least to be clear as to how those recommendations will affect the Bill. He was asking the Government to be clear on their position; I will not go as far as that, because I think the Government have the discretion to decide when they want to announce that or not.

However, there is another issue that the Minister could perhaps consider: the impact assessment on the valuation, which we, as Members of Parliament, are being asked to address in this Bill. As we heard in the evidence sessions, the current impact assessment may potentially omit a significant amount of value that will be taken into account as part of the ground rent reform. If it is the Government’s intention to introduce amendments on that, as the shadow spokesman was asking, it would be useful to have clarity from the Minister on that, but we should also ask the Minister whether an updated impact assessment can be presented to incorporate what the value of those recommendations would be.

[Rachel Maclean]

I rise briefly to add my support for some of the comments and, most importantly, for the ability of leaseholders to extend their leases. As we know, this is one of the most egregious features of the current system: people buy properties that they then find have short leases, after which they are whacked with massive charges coming out of the blue; they do not understand how those charges are calculated, and they end up having to pay them because they have no choice. They are completely over a barrel. I know that leaseholders will massively welcome this change, which is one of the most important parts of the whole Bill.

Having said that, it is vital that we understand when we will see the Government’s response on the ground rent consultation, as my hon. Friend the Member for North East Bedfordshire and the shadow spokesperson, the hon. Member for Greenwich and Woolwich, have said. It will, of course, affect the calculations.

I also want to raise with the Committee the number of people who have sat in front of me and asked, “When will you bring this forward? I don’t know whether to extend my lease now or wait another year or for another consultation”. It is a huge number of people. I want to make this point to everybody: if we get this right, it will affect a lot of people very beneficially.

[Barry Gardiner]

I am glad that co-operation is breaking out across the aisle. It seems that this change is one of the really big issues of the Bill. Looking through the Bill, yes, there was disappointment that it does not go far enough and there is no commonhold, but this is a real change. It is something that Members on both sides of the Committee have welcomed, and we heard evidence from our witnesses about just how important it is. It is strange, therefore, that we do not now see the meat of it in the Bill. I will not go so far as to say that it is more than strange, as my hon. Friend the Member for Greenwich and Woolwich suggested, but we do need it.

This provision will liberate a whole group of people who fear what we call the ground rent grazers. They are the ones—the freeholders—who have created a rentier structure over the past 15 years. It did not even exist 25 years ago. What people used to do 25 years ago, when the ground rent was payable, was write a cheque to the freeholder, and the freeholder would bin it. Then, three weeks later, the freeholder would send a lawyer’s letter to the tenant, saying that because they had not paid their ground rent on time, they were now being charged £625 for their legal fees in having to chase it, including the £25 ground rent. That is a bad practice that has evolved and the Government need to clamp down on it and get it sorted.

Leasehold and Freehold Reform Bill

Baroness Maclean of Redditch Excerpts

2nd reading
Monday 11th December 2023 Commons Chamber

[Michael Gove]

I quite agree with my right hon. Friend. There are good landlords, and the Duchy of Cornwall has been a stand-out example, as have been the Cadogan estate, the Howard de Walden estate and so on—they are responsible landlords, absolutely—but an individual leaseholder should not have to rely on the good will and the grace of His Grace, as it were, to get the protection they need.

There is no stauncher defender of capitalism and property rights than me, but what has happened is that freeholds have become utterly torn away from the warp and weft of the capitalist system as we understand it in this country, and have become tradeable commodities that foreign entities are using to exploit our people who have worked hard and saved to get their own home. So whose side am I on—homeowners who have worked hard and saved up to secure a mortgage, or shadowy foreign entities that are essentially attempting to rip off British citizens? I am on the side of homeowners.

[Rachel Maclean (Redditch) (Con)]

When the Secretary of State is considering the evidence from the consultation he mentioned, will he adhere to his own adage of “follow the money”, and remember that those people advocating for a higher ground rent probably have a motivation for doing so?

[Michael Gove]

My hon. Friend is completely right. I will be looking at the responses to the consultation, and I am sure that some of London’s finest legal firms and most eloquent solicitors will be putting in some very thoughtful contributions, but the question will be: who is paying for them and how much are they being paid? To my mind, people can buy silver-tongued eloquence, but what is far more important is actually being on the right side of justice.

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[Rachel Maclean (Redditch) (Con)]

I am delighted to speak on this flagship piece of legislation, which will restore true home ownership to millions, end rip-off charges and introduce fairness to the leasehold market. I am confident that it is a good piece of legislation not because I did all the preparatory work on it, but because I worked with brilliant officials, whom I thank.

We heard the testimony of so many thousands of leaseholders who struggled with blighted properties that led to blighted lives. There are too many of them to mention individually, but the strength and tenacity of the campaigners—and the organisations, such as the Leasehold Knowledge Partnership and the Leasehold Advisory Service, under the leadership of the superb Martin Boyd, which helped them—is enormously impressive. Take, for example, Liam Spender, who was able to show that leaseholders in his block had paid £1.6 million in excess service charges to their freeholder, FirstPort. Incidentally, FirstPort is one of the worst offenders I heard about in my time as Minister. Yet freeholders still had the audacity to sit in front of me while I was a Minister and claim that

“some people like the security of paying service charges”

and that there is no evidence that they oppose ground rents. Yes, truly, that is what they said. Shockingly, I understand that Mr Spender and his tenants have received nothing yet, and now the freeholders are appealing the decision with the leaseholders’ own money. I would like the Minister to set out clearly how the Bill will tackle their situation and end that scandal once and for all.

We got here because of the greed and unethical behaviour of predatory freeholders who have treated leasehold properties as a cash cow and the leaseholders as a milking machine to produce an endless stream of income for no work at all. It is the ultimate definition of rent-seeking behaviour. In its worst excesses, it is frankly disgusting. I and many others find it appalling.

[Sir Peter Bottomley]

On the case that Liam Spender has so rightly been pursuing for his fellow leaseholders, does my hon. Friend think it would be a good idea if the Select Committee considered inviting in the people he has been engaging with to ask why they did not put their hands up straightaway, settle and give back all the money they wrongly took from leaseholders, without having to have extended legal proceedings?

[Rachel Maclean]

That is an excellent suggestion from my hon. Friend the Father of the House, with which I strongly agree—as I do with everything he says about this issue.

Despite the theatrics we heard from the right hon. Member for Ashton-under-Lyne (Angela Rayner), who spoke for the Opposition, it is the Conservatives who are finally bringing in sweeping reforms. It is right that we note that Labour ducked the issue while they were in office. They could have fixed it then. They could have saved millions from misery—nearly 5 million homes, accounting for 20% of the entire housing market, are owned on a leasehold basis across the UK—but it appears they bowed to pressure from freeholders. We will never know why, but thankfully things will now change.

[Barry Gardiner]

The hon. Lady may not remember—but I do—that before the Commonhold and Leasehold Reform Act 2002 was passed, a great deal of pressure had been applied since 1999. At that stage, however, their lordships down at the other end of the building threatened to block all of Labour’s legislation if we insisted on putting through some of the measures that were ultimately taken out of that Bill. The hon. Lady is right; those measures should have been included. I lobbied and campaigned for them to be included, and made my speech in the House accordingly, but their lordships were in the majority—and, at the time, 66% of their lordships had declared in the Register of Interests that they derived most of their income from the management of land.

[Rachel Maclean]

I thank the hon. Member for the history lesson but, regardless, we are determined to fix this now.

[Mr Kevan Jones]

Will the hon. Lady give way?

[Rachel Maclean]

No, because I need to make progress. Perhaps I will allow the right hon. Gentleman to intervene a little later.

The key factor here is choice. At present, leaseholders do not have a choice, or they have a fake choice. The Bill will give them a genuine choice when it comes to how they manage and own their homes. However, while I warmly welcome these measures, we can and must go further. May I draw the attention of the Secretary of State and the Minister to a few of my suggestions?

The measures in the Bill will clearly be of enormous benefit to individual leaseholders, making it easier and cheaper for them to buy freeholds or extend leases, but of course this is a very complicated area, and I know it will be difficult for many leaseholders to understand exactly how much they will benefit financially. My first suggestion, therefore, is the provision of an easy-to-use digital calculator enabling people to see what the Bill means for them.

Then there is the issue of commonhold fixes. I know that the focus here is on ensuring that leaseholders cannot be exploited and can take control of their homes, but there is a clear Conservative and free-market rationale for accepting the Law Commission’s recommendations on reforming commonhold so that more developers choose it, rather than leasehold, for new blocks of flats—not because they are forced to do so, but because it is the best option for their business model. Can the Government look at that again? All the work has already been done.

I strongly welcome the Government’s consultation on capping ground rents. As I said in an intervention earlier, the Secretary of State must look at who is making the representations, and bear in mind the old adage, “They would say that, wouldn’t they?” when people oppose such caps. We know that ground rents are sheer exploitation. Let us call a spade a spade: this is money for nothing. Can the Minister assure me that there will be time to get a cap into the Bill once the consultation has closed?

We have all heard of too many sad cases involving a hard core of truly exploitative and dodgy freeholders—the bad apples—ripping off and exploiting leaseholders. We know that there are some freeholders who treat people properly, but the others know that going to court will be too much hassle for most people, and indeed that the odd tribunal defeat is just part of the cost of doing business. We must do something to ensure that there is a real cost to those unscrupulous companies and their directors.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I thank the hon. Member for the work that she has been doing on this issue. However, she implies that the rip-off merchants constitute only a certain proportion of freeholders. Is she not aware that these people have been working in cahoots over the past 10 years, attending conferences, identifying the weaknesses in the law, sharing information and forming links with professionals such as agents and solicitors in order to rip off innocent leaseholders? This is a consistent, organised scam that has been growing over 10 years, which is why there are so many more problems now than there were, say, 15 or 20 years ago.

[Rachel Maclean]

Of course I am aware of that. When I was privileged to hold the position of Housing Minister, I strongly supported the relevant legislation, because those people sat in front of me and cried crocodile tears, telling me that if we went ahead with it we would destabilise the pensions industry and leave lots of little old ladies with no pensions—which is obviously complete and utter nonsense, as I am sure the Secretary of State and the current Housing Minister, my hon. Friend the Member for North East Derbyshire (Lee Rowley), will be able to tell me on the basis of the analysis that they have conducted.

We also need assurances about section 24 managers. I note that, in recent weeks, at least one freeholder has tried to wrest control of a building back from a court-appointed manager—a so-called section 24 manager—claiming that it is incompatible with the Building Safety Act 2022. That is obviously nonsense. If a freeholder has been found not to be managing his building properly, it shows some cheek to try to ditch a court appointee on such spurious grounds. I hope that the Minister will take the opportunity later to give us the Government’s view.

I welcome the Government’s intention of introducing building safety measures to ensure that remediation continues to accelerate, and to make it easier to ensure that the right people pay, but may I press the Minister for a little more detail? I know that, even as we speak, people are making serious decisions about their own finances.

My constituents in Brockhill, especially those in the Persimmon Homes development, have faced innumerable issues relating to freehold estates, and I must press the Minister on what measures he will introduce to help them and, most importantly, when he will do so. I know that the Government intend to introduce a right to manage for freeholders, and to challenge arrangements and charges through the first-tier property tribunal. However, I urge him to read again the Hansard report of the Westminster Hall debate in which I responded, on behalf of the Government, to my hon. Friend the Member for North East Bedfordshire (Richard Fuller), who had told a story about one of his constituents who had had to pay thousands of pounds for one lamp post. This is an outrageous state of affairs, and I want the Government to introduce measures that will tackle it and many others. Currently, throughout the country, people’s new dream homes are turning out to be a nightmare. They are being ripped off by small-print clauses that turn into big bills, and they have no redress. That must be fixed.

Finally, there is a need for regulation of the property management sector more broadly. I recognise that the Bill was not the right vehicle for it, but I urge the Minister to continue to push ahead with a reform that must happen, if not on this side of a general election, then on the other side.

We Conservatives believe that the opportunity to own one’s home is sacrosanct, and the Bill takes another important stride towards the creation of a true property-owning democracy. While, as we have made clear, we stand firmly on the side of fairness and those who want to own a home, we are still none the wiser when it comes to where Labour Members stand. One week they are on the side of the builders, not the blockers—or so they say. The next week, they are blocking our proposals to build 100,000 new homes that first-time buyers and young families would desperately want to possess. While they decide whose side they are on, we are taking important steps to improve the lives of millions up and down the country. I look forward to working with Ministers on the Bill as it goes through the House to strengthen some of its measures, particularly those on commonhold and freehold estates, and to ensure that we deliver on the promise that it holds.

Let me end by wishing my hon. Friend the Minister better luck than I had in his tenure of this important role. I especially hope that he can remain to finish the vital job of leasehold and freehold reform and restore true property ownership to millions. He will have my full support in the Lobbies.

Draft Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023

Baroness Maclean of Redditch Excerpts

Wednesday 25th October 2023 General Committees

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

I beg to move,

That the Committee has considered the draft Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023.

Good morning, Mr Robertson; it is a pleasure to serve under your chairmanship. Laid before the House on 20 July, the draft regulations amend the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 and, by increasing planning application fees by 35% for major applications and by 25% for all other applications, will provide much-needed additional income to local planning authorities. Importantly, the regulations introduce, for the first time, an annual inflation-related increase, so that fees retain their value in the future, year on year, and they give local planning authorities greater certainty.

The measures in the regulations are widely welcomed by the industry. They are designed to boost the income to local authorities. We expect local authorities, in turn, to invest that income in their planning services to improve the speed and quality of their decision making.

To state the obvious, it costs money to run the planning application service. At the moment, the cost of the service is more—by an estimated £225 million across England—than the income from the fees charged. That means that local taxpayers have to contribute to dealing with the shortfall, while those who stand to benefit the most could be paying a greater share. Planning fees have reduced in value over the five years since the last increase, in January 2018, while the costs and demands on local planning authority budgets have increased. The regulations will address the issue by ensuring that applicants for planning permission contribute a higher proportion of the estimated £675 million cost of the application service, reducing the burden on the local taxpayer.

As well as reducing the shortfall, the regulations will create greater sustainability for local planning authorities when the annual increase comes into effect from 1 April 2025. Local planning authorities will be able to use the additional income to procure more resources, including planning officers and other specialists, which will enable them to provide an improved service to applicants. That will benefit the whole of society as good planning decisions are made more quickly, enabling development to proceed without unnecessary delay.

Respondents to our consultation on proposals to increase fees were generally supportive. They acknowledged that local authorities needed more funding, and supported higher fees, with the important caveat that that should lead to improvements in planning performance.

I will now turn to the details. First, the regulations introduce a much-awaited national fee increase of 35% for major applications and 25% for all others. The maximum fee for a large planning application will be £405,000, up 35% from £300,000. Fees for householder applications will rise from £206 to £258, an increase of 25%. The regulations also introduce an annual inflation-related increase in fees from 1 April 2025. That will be at the rate of the consumer prices index from the previous September. To prevent the annual increases from becoming too onerous, they will be capped at a maximum of 10%. This measure will ensure that fees do not lose their real-terms value.

In addition, the regulations remove an existing fee exemption that allows applicants, in certain circumstances, to submit a second application without having to pay another fee—colloquially known as the “free go”. The removal of that exemption will enable local planning authorities to charge for repeat applications, which will help to fund their costs for dealing with the applications, which we know are a demand on their resources.

Furthermore, the regulations reduce the planning guarantee period for non-major applications from 26 weeks to 16 weeks. That means that, in most cases, if their application is not determined after 16 weeks and no extension has been agreed, the applicant will be entitled to a full refund of their planning fee. That measure is intended to encourage faster decision making, which applicants will expect as a result of paying higher fees.

Lastly, the regulations introduce a new prior-approval fee of £120 for the permitted development right for development by the Crown on a closed defence site. That right was introduced through an amendment to the general permitted development order in December 2021 and requires that a fee be paid for prior-approval applications.

We estimate that the fee increase will raise an additional £65 million for local planning authorities in the first year. In future years, from 1 April 2025, income will increase further, as the annual inflation-related rises take effect. That will provide much-needed income to local authorities. Some may consider that this is not the time to be increasing fees, since there are considerable financial pressures on businesses and householders, but if we do not increase fees, the planning application service will continue to deteriorate, to the detriment of applicants and the wider economy.

We need to find a way to get more resources into the system. The fairest way is for applicants, who stand to benefit the most from planning decisions, to contribute more toward the costs to local planning authorities of delivering the service. We consider our approach to be proportionate, with the greater burden falling on applicants for major developments, who, as I said, largely welcome these measures and are considered more likely to be able to bear a larger increase. That leaves householders and small businesses, who are more sensitive to higher fees, with a smaller increase. Together, the increases will provide additional income for local planning authorities.

The regulations do not introduce any new fees for applications for which there is currently no charge, such as applications for listed building consent, and they retain the existing exemptions, including for alterations to homes to provide facilities for a disabled occupant. I can reassure hon. and right hon. Members that we estimate that, in most cases, the cost of the planning application will still be less than 1% of the overall development costs, so we do not consider that it will be a burden or deter development.

The regulations do not contain any requirements for the additional fee income to be formally ringfenced. Hon. Members will note that we proposed in our consultation to ringfence the increase, and that proposal was strongly supported by some respondents. However, the primary legislation—section 303 of the Town and Country Planning Act 1990—requires a fee to be charged so that local planning authorities can perform the function of determining planning applications. As there is no surplus to planning fee income, there is logically no underspend that could be used to cross-subsidise other services. The Committee will note that there may be cases where other services are ringfenced. That is usually because they make a surplus; it is a different category of funding in this case.

We have made it clear to all local authorities that they are expected to retain the income from planning fees for direct investment in their planning services, and we will reiterate that expectation after the regulations are made. We recognise that the circumstances of each local authority are different. In line with our general approach to simplification of funding, which is widely welcomed by local authorities, we believe that our approach strikes the right balance.

[Valerie Vaz (Walsall South) (Lab)]

On a point of clarification, how many responses did the Government get to their consultation, as a percentage?

[Rachel Maclean]

I thank the right hon. Member for that point. I will have to write to her about that, if she will allow me.

As I was saying, local authorities have made it clear that they want and need this income so that they can build up the capability and capacity of their planning services and improve their performance. We expect them to do so, and we know that that is what applicants will expect in return for paying higher fees.

We need a planning system that supports appropriate development and functions effectively. The regulations will provide a welcome financial boost to local planning authorities, on top of the additional spending that we have already awarded to them through our planning skills delivery fund and other measures. These measures will generate additional income year on year. Local authorities will be able to invest the extra money in their planning services, including in staff and in digitising the service to make it fit for the present day and to improve their performance. Local authorities will be able to budget with more certainty and build up their capability and capacity.

I hope that Members will join me in supporting the draft regulations, which I commend to the Committee.

--- Later in debate ---

[Rachel Maclean]

I thank Members for their contributions to the debate, and I will respond to the questions raised.

I can tell the right hon. Member for Walsall South that the consultation received 495 responses.

The hon. Member for Greenwich and Woolwich asked me about ringfencing. I set out in my opening remarks how we have approached this matter. We believe that our approach is the right one. As I said, the response we have had from local authorities on our overall strategy of funding simplification indicates strongly that local authorities want to see a simpler picture for funding the essential services that they provide to their residents and businesses. That is why we have taken this approach. As the hon. Gentleman acknowledged, primary legislation already requires a fee to be charged so that local planning authorities can perform the function of determining planning applications. There is no surplus to planning fee income, so there is logically no underspend that could be used to cross-subsidise other services, which means that ringfencing is not necessary.

We have been very clear with local authorities that they are expected to retain the income from planning fees for direct investment in their planning services, and we will reiterate that direction once the regulations are made. It is worth observing that in my considerable engagement with local authorities, the Local Government Association and others, they have all been very clear that they need this funding, they must spend it on planning and they intend to do so. That is the clear expectation.

[Valerie Vaz]

I have two points to make. First, I would like the percentage of the number of consultations that were returned—was it 1% or 100%? Secondly, how will the Government monitor whether local authorities are actually using the fees for the purposes intended?

[Rachel Maclean]

I will be happy to respond to the right hon. Lady on that point, but can I clarify what she means by the percentage? I am not quite clear on her question.

[Valerie Vaz]

The civil servants have helpfully given the answer that there were 495 responses to the consultation. What was the percentage of returns? Was that a 1% return of the total number of people who were consulted, or was it 100%? Is it 495 of 495? What is the percentage?

[Rachel Maclean]

I think what the right hon. Lady is asking is whether it was a binary choice either for or against ringfencing. Is that right?

[Valerie Vaz]

No. There are two separate points. The point about the consultation is that there were 495 responses, but how many people were consulted? What is the percentage—was it a 1% return or a 50% return? On a separate point, the Minister helpfully said that local authorities have to spend the fees on planning and planning officers. How will the Government monitor whether they are doing that? The intention and the direction are there, but how can the public—my constituents—be reassured that that money will not be used for other purposes?

[Rachel Maclean]

I will respond to the right hon. Lady’s second point, as I understand that question very clearly. I think it is better if I write to her on the first question. My understanding is that there were 495 responses, but I do not know how many people were actually asked. I think she is asking for a response rate—

[Valerie Vaz]

indicated assent.

[Rachel Maclean]

We may be able to provide a further breakdown and further detail on those responses, and what they were in favour of and against. I am sure we can provide that information to the right hon. Lady and any other Committee member who is understandably interested in that.

The point about planning performance is really important. It is feedback I always hear from industry and householders, as my hon. Friend the Member for Central Suffolk and North Ipswich has mentioned. Planning performance is an issue that is raised time and again. My overall conclusion and response is that when people are applying for these services, although they expect to get a good service, they have not always had that, which has led to overall dissatisfaction with the system. It also has a knock-on effect on the public’s confidence in the planning system more generally, which leads to a lot of the other issues that we see time and again. I am sure all Members have messages in their inbox about these sorts of issues, which are common across the country.

We recognise that the current metrics on planning performance, including the use of extensions of time, do not adequately reflect the performance of local authorities. We recognise that they do not capture the consumer experience either. We have therefore recently consulted on proposals to measure performance across a broader set of quantitative and qualitative measures, providing greater transparency of service delivery and enabling early action where local authorities are not performing. We will come forward with further details on those measures in due course.

Separately to that, my Department and civil servants in the relevant team have very granular information on local authorities’ performance in this area—as well as a number of other areas, of course—on which they regularly report to me. On that basis, other Ministers and I are able, where necessary, to exercise our functions and powers to intervene and to remove planning powers from local authorities, although we obviously only want to do that as a last resort. However, we do expect local authorities to be providing these services to their residents, which we monitor.

Before I come to my hon. Friend the Member for Central Suffolk and North Ipswich, I will address the point about funding raised by the hon. Member for Greenwich and Woolwich. As he rightly said, we have made available to the profession additional capacity funds, amounting to £54 million, to enable more planners to come into the profession. Also, on the back of the Secretary of State’s long-term plan for housing announcement this summer, we made £24 million available to the planning skills delivery fund. Local authorities will be able to use that fund to speed up planning applications and ensure that services flow faster, and that any backlogs are dealt with.

[Dr Poulter]

I remember bringing forward statutory instruments quite a few years ago. If we had a statutory instrument to improve performance, it was customary to introduce it at the same time as the SI that allocated extra funding for that improvement. I ask the Minister to reflect on the point that it is bad legislating to do what she is doing today—to bring forward one SI, but fail to bring forward another that is linked to it that has to do with an ambition for the future.

[Rachel Maclean]

I thank my hon. Friend for his point, and the feedback is noted, but what I was talking about regarding planning performance is a policy decision that we are in the process of making. I am sure that further legislation will come forward in due course.

[Matthew Pennycook]

Will the Minister give way?

[Rachel Maclean]

I will, briefly, but then I want to make progress.

[Matthew Pennycook]

I appreciate the Minister’s giving way. She has provided some useful additional clarity on performance and funding. May I press her on greater transparency, and the Department’s monitoring of how the increased planning fees are used? Does it monitor how fees are generated and used by planning authorities across the country? If not, will it start to, and will it actively track whether the increased fees are contributing to the improved performance that we all want?

[Rachel Maclean]

Yes, I can assure the hon. Gentleman that that is one of the core activities that I carry out in my role, with the assistance of my civil servants and various teams that feed into this. I have already spoken about our powers to intervene where local authorities are not performing. On top of that, we expect that the additional funding that we are giving through the separate funding pots that I referred to, and this new broader funding, will be spent, and we can track performance. Notwithstanding the challenge put to me by my hon. Friend the Member for Central Suffolk and North Ipswich, we intend to bring forward details of how we will track performance. I know that every Member in this House is very interested in how their local authority performs on planning applications, because we are often the first to receive complaints when they not performing well.

My hon. Friend has indicated his concerns about the disproportionate impact of the fees. I obviously take that on board, and we have considered that carefully; that is why the fee for householders will rise only from £206 to £258. We consider that to be proportionate, given the need. Planning services do not make a profit from fees; the services are still subsidised through wider funding. It is not a cost-recovery fee. Applicants still benefit from what they pay, even with the increase. He raised the point about people making modifications for disabled residents of a property. They will still be exempt. The current set of exemptions will still apply, so people in that situation will rightly not be charged; he is right to say that.

[Dr Poulter]

The issue going forwards is that fees will be linked to inflation. That is of concern, because with compound increases, fees can rapidly escalate for people making modest modifications. Will people making smaller applications, such as single households making an application for an extension, now have to pay repeat fees if they have to go back and forth with the planning authority, and submit a second, third or even fourth application, as often happens if a house is in a conservation area?

[Rachel Maclean]

The changes that we are making have removed the “free go”; we debated that in the House in proceedings on the Levelling-up and Regeneration Bill. We made that change because the free go placed a disproportionate burden on planning departments, and added to their overall workload.

It is really important to look at this small increase in the round. We are talking about increasing capacity and providing a better service across the board. I have recent experience of making a planning application to my local authority, so I know how much work is involved. When people pay a fee, they want to get a good service. If we resource the system as a whole to a greater extent—I hope Members will be reassured, both by this instrument and by the other grants that we have mentioned, that we are doing that—small householders building an extension will see a better service overall, and that should minimise the need for repeat applications. The idea is to capture everything up front.

It is also important to note that we are embarking on an ambitious programme to digitise the whole system. Members will know how paper heavy the system is now. That is where mistakes creep in and things need to be repeated. By improving the whole system overall, we will remove the need for repeated applications and, I hope, provide a fairer service.

My hon. Friend the Member for Central Suffolk and North Ipswich asked me about flooding, so I will touch on that before I wind up. We have all seen the recent events, which I know have affected his area greatly. All our sympathies are with the people affected, and I hope that they can be back in their homes soon. He will know that the national planning policy framework—the planning system more broadly—already takes account of flooding. Work has been done on this matter by my colleagues in the Department for Environment, Food and Rural Affairs, particularly in setting up the Flood Re scheme and making sure that planning applications and local plans are made with flooding in mind.

We will be going further. My hon. Friend will know of the work that we have done through the national development management policies; we debated again yesterday on the Floor of the House when considering the Lords message how the planning system responds to climate change, of which flooding is one manifestation. We have been clear that we intend to strengthen our approach, to give planners and the country the reassurance that the planning system can respond adequately to climate change and help us achieve our net zero objectives.

[Matthew Pennycook]

The Minister has missed out one of my questions. Will we see the planning skills strategy that was promised in the policy paper that accompanied the Levelling-up and Regeneration Bill?

[Rachel Maclean]

I understand the hon. Gentleman’s eagerness to see that, and we will bring it forward in due course. If he will allow me, I will write to him with more details on the timeline.

I thank Members for their interest in this matter. I must reiterate that it is critical that we have well-resourced, effective and efficient local planning services so that development is not delayed. We need to build the right houses for our country, in the right places, and planning is critical to that. The regulations will contribute to that by delivering much-needed additional resources. As I hope I have said multiple times, we are clear that local planning authorities must invest the additional income from the increase in planning application fees in their planning service. Improvements will enable speedier delivery and the economic growth that our country needs. I hope the Committee will welcome these important and necessary regulations.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023.

Levelling-up and Regeneration Bill

Baroness Maclean of Redditch Excerpts

Consideration of Lords message
Tuesday 24th October 2023 Commons Chamber

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

I beg to move, That this House disagrees with Lords amendment 22B.

[Mr Deputy Speaker]

With this it will be convenient to consider the Government motion to insist on disagreement to Lords amendment 45, and Government amendment (a) in lieu.

[Rachel Maclean]

As we know from proceedings on this Bill in this place, the Levelling-up and Regeneration Bill is important to this country’s future. It will ensure that this Government and future Governments set clear, long-term objectives for addressing entrenched geographical disparities. It will devolve powers to all areas in England where there is demand for that, allowing local leaders to regenerate their towns and cities and restore pride in places. It further strengthens protections for the environment, so that better outcomes are at the heart of planning decisions.

In the course of the many debates on local authority remote meetings during this Bill’s passage, the Government have consistently expressed our strong view that councillors should be physically present to cast their votes and interact in person with citizens. Our position on this matter has not changed. Therefore, the Government cannot support Lords amendment 22B, which would enable any Government in future to go as far as allowing all local authorities to meet virtually at any and every opportunity.

Turning to climate change, I reiterate that the Government agree that the planning system must support our efforts in meeting our legal net-zero commitments by 2050 and tackling the risks of climate change. However, we have heard the strength of feeling in both Houses about making sure that national planning policy supports our efforts in tackling the risks of climate change. Therefore, the Government have now gone a step further in tabling an amendment that will require the drafting of policies that are to be designated as national development management policies to

“have regard to the need to mitigate, and adapt to, climate change”,

taking into account the range of climate scenarios and risk relevant to the policies being developed.

I will conclude my brief remarks by again expressing gratitude to my colleagues here and in the other place for their continued and dedicated engagement with this complicated and complex Bill during its parliamentary passage. I am sure that hon. and right hon. Members will agree that the Government have shown that we have listened carefully to the views of Members from all parts of the House as we seek to improve this nationally important piece of legislation.

--- Later in debate ---

[Mr Deputy Speaker (Sir Roger Gale)]

With the leave of the House, I call the Minister.

[Rachel Maclean]

I thank all right hon. and hon. Members for their contributions to the debate today and for their contributions throughout the passage of this important Bill. I will address briefly the points made by Members. First, let me turn to the comments made by my hon. Friend the Member for Waveney (Peter Aldous). He has spoken with his customary good sense and practical bent, as have others, including the hon. Member for North Shropshire (Helen Morgan), who speaks for the Liberal Democrats, and the hon. Member for Airdrie and Shotts (Ms Qaisar), who speaks for the Scottish National party, about the real problems faced by people who wish to take part in local democracy without being excluded because of where they live, because they do not have a car or because of other barriers. This is important, and the whole House recognises those barriers and supports that admirable objective. We need our politics to be as inclusive as possible.

However, I have also heard loud and clear the comments of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who alerted us to the problems that could exist if we were to accept Lords amendment 22B. It is right that we consider all the possible consequences, and it is the Government’s view that the amendment goes too far and is too expansive. It would allow any future Government to allow any local authority to meet virtually at every opportunity, which is not something the Government can accept. It is a long-standing principle that local democracy should take place face to face.

I agree with some of the shadow Minister’s comments, and we are looking very carefully at how we encourage more engagement from the community, particularly on planning applications. We can do a lot of that through technology and wider reforms to our system, and it is right that we continue that work.

[Bob Stewart (Beckenham) (Con)]

What is the Government’s view on how effective such arrangements might be? Is remote working more effective or less effective? Do the Government have a view on that?

[Rachel Maclean]

I thank my right hon. and gallant Friend for that point. He will know that, with this Bill, we are pushing power down to local people, local areas and local councillors, who are elected to represent their communities. As I said, the Government have a very clear view that local democracy should take place face to face. Through our levelling-up work, we are in the midst of a once-in-a-generation devolution of power to allow local areas, such as the one he represents, to make the best decisions for their local communities, notwithstanding this particular point, on which the Government have strong views.

The vital issue of climate change was raised by my hon. Friend the Member for Waveney and my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). It is important to stress that the planning system already has considerable systems for taking account of climate change and further work is under way, as my hon. Friend knows. He specifically asked about how to bridge the gap in planning policy. I make it clear that, as part of our proposed changes to the planning system and as we committed to in the net zero strategy, we were the first Government to legislate for net zero. We stand by those commitments both in the planning system and elsewhere, and we intend to do a fuller review of the national planning policy framework to ensure it contributes to climate change mitigation and adaptation as fully as possible, following Royal Assent of the Levelling-up and Regeneration Bill.

Last but by no means least, I turn to my right hon. Friend the Member for Chipping Barnet. She reiterated what is a vital issue: the Government’s commitment to publishing the response to the NPPF consultation after this Bill, with Godspeed, receives Royal Assent. We remain committed to doing that, and I reiterate that it remains the Government’s policy to ensure that we identify and build on urban brownfield areas such as the ones she mentioned in Docklands, Beckton, Silvertown and elsewhere. We need to see housing delivered there. We have seen 30-year record highs in housing delivery under this Conservative Government, and we intend to continue delivering the right houses in the right places, supported by local communities. I want to take this brief opportunity to put on record, as my right hon. Friend the Member for Chipping Barnet did, my thanks to councillors who represent my communities in Redditch, Wychavon and Worcestershire, and to all the frontline services involved in the responses to the floods—to the emergency services, the Environment Agency and others. We all wish everybody to be back in their home soon.

I hope that all Members, having seen that the Government have listened and responded to their concerns, will feel able to support our position. Our amendments are effective and proportionate, and I hope that they are agreeable to all. I commend them to the House.

Question put, That this House disagrees with Lords amendment 22B.

Renters (Reform) Bill

Baroness Maclean of Redditch Excerpts

2nd reading
Monday 23rd October 2023 Commons Chamber

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

It is a huge pleasure to deliver the closing speech today on the Second Reading of the Government’s Renters (Reform) Bill, and I begin by thanking Members across the House for their valuable, thoughtful and knowledgeable contributions to the debate. I have enjoyed and noted the contributions from my hon. Friend the Member for Dover (Mrs Elphicke), the hon. Member for Sheffield South East (Mr Betts)—the Chair of the Select Committee —my right hon. Friend the Member for Calder Valley (Craig Whittaker), the hon. Member for Westminster North (Ms Buck), my hon. Friend the Member for Milton Keynes North (Ben Everitt), whom I thank for all his work across a range of all-party parliamentary groups, the hon. Member for Liverpool, Riverside (Kim Johnson), my hon. Friend the Member for Cheadle (Mary Robinson), the hon. Member for Sheffield Central (Paul Blomfield)—I would be very happy to meet him and his APPG—and my hon. Friend the Member for North Norfolk (Duncan Baker), who will know about all the work we are doing to help address the second home issue in his constituency. He has spoken to me about that on a number of occasions.

I also thank the hon. Member for North Shropshire (Helen Morgan) for the support from the Liberal Democrat Front Bench. I declare an interest similar to that of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), as I have four children in their 20s who are renting in London. I know at first hand of the issues that they and their friends face, and that is why I am so convinced that this Bill is the right thing to do for the next generations of our children and grandchildren.

[Mr Betts]

The Minister’s children are in their 20s, but we want to make sure that they are not in their 30s before the Bill actually comes into effect, so will she give us a clear time when the courts will be ready for the Bill to be active in the Government’s view?

[Rachel Maclean]

I will come on to that precise point, if the hon. Member will allow me.

I want to thank the hon. Member for Battersea (Marsha De Cordova), my hon. Friend the Member for Poole (Sir Robert Syms), the hon. Member for Liverpool, West Derby (Ian Byrne) and my hon. Friend the Member for Don Valley (Nick Fletcher), whom I will be happy to meet again, as requested. I also thank the hon. Member for Coventry South (Zarah Sultana), my hon. Friend the Member for Guildford (Angela Richardson) and the hon. Member for Dulwich and West Norwood (Helen Hayes). I am deeply concerned about the case she has raised with me and will continue to work with her. I thank my hon. Friend the Member for Totnes (Anthony Mangnall), the hon. Members for Stretford and Urmston (Andrew Western), for Brighton, Kemptown (Lloyd Russell-Moyle), for Blaydon (Liz Twist), for Brighton, Pavilion (Caroline Lucas) and for Putney (Fleur Anderson), and the right hon. Member for Hayes and Harlington (John McDonnell).

It is right to say at this point that we are committed to honouring the manifesto commitment that we made in 2019 to create a private rented sector that works for everyone and to level up housing quality in this country. I am grateful to all hon. and right hon. Members who continue to engage constructively with us on the provisions in the Bill so that we can deliver the change needed to create a fairer rental market for both tenants and landlords. Of course, I echo the sentiment of my right hon. Friend the Secretary of State, who said in his opening remarks that we will continue to work closely with Members to further hone and refine this legislation as it is put on the statute book.

[Several hon. Members rose—]

[Rachel Maclean]

I will make progress, because I have limited time and I must address the points that have been put to me.

First, it is right that antisocial behaviour is a discretionary ground. Judges must decide on the circumstances of a case. Having formerly been Minister with responsibility for safeguarding and domestic abuse, I completely understand the importance of taking such serious issues into account and striking the right balance between tenants and landlords. I was asked whether local authorities will have funding to carry out their enforcement duties. Of course they will have that new burdens funding, as they would with any Government legislation.

I was asked about blanket bans on benefit claimants and families with children, and I make it very clear that we are committed to outlawing the unacceptable practice of such blanket bans. We are carefully considering how to get these measures right. This is a significant reform, as I think all Members understand. We must do it in the right way, while ensuring that landlords rightly have the final say on who they rent their properties to.

[John McDonnell]

Will the Minister give way?

[Rachel Maclean]

I will give way to Members if I have time, but please allow me to make my points.

There have been many questions about the ombudsman. We need simplicity and clarity for landlords and tenants. It is important to say that this Bill does not, in itself, establish a new ombudsman. An existing ombudsman could do the job and, again, we are looking at that very carefully to make sure we get the right solution for this vital part of our regulatory reforms.

I am grateful that many Members have welcomed the point about pets, and I agree that we are a nation of animal lovers. Again, this is about reasonableness. My hon. Friend the Member for Cheadle is exactly right—the circumstances she set out would constitute a reasonable ground for refusal, but we need to look carefully at how this works.

The decent homes standard has been raised again, and it is a key part of our reforms. We must make sure that the new system we introduce means people are living in decent, safe and warm homes. Everyone in this House will be under no illusion about how importantly this Government take this issue, as they can see the work that has been introduced by my right hon. Friend the Secretary of State to tackle these issues, which have laid unresolved for many years. This Government brought in groundbreaking reforms in the social rented sector, and we will do so in the private rented sector to give tenants the same protections.

It is important to note at this point that the vast majority of possession claims do not end up in the courts—only something like 1% of claims go through the courts. In my capacity as Housing Minister, I work closely with the Under-Secretary of State for Justice, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), who is responsible for His Majesty’s Courts and Tribunals Service. There is a wide-ranging programme of reform in the court system.

The courts have already made huge improvements. It is worth saying that over 95% of hearings are listed within four to eight weeks of receipt, and of course the ombudsman will encourage the early dispute resolution process, taking a lot of claims out of the courts and freeing up court time for more complex processes. When we bring in this reform, however, it is right that we ensure landlords have confidence in the justice system because, as everybody has pointed out, if we do not have good landlords in this country who have confidence in the systems that underpin the justice system, we will not have the rented homes in every constituency that our country needs.

We have always committed to aligning and synchronising the reform of the private rented sector with the court system; we note that that was a recommendation of the Levelling Up, Housing and Communities Committee. We do not think that a housing court is the right way to do that; nor is that the view of the sector or of the stakeholders, with whom we have engaged in huge detail. This work remains a priority for our Department and for the Ministry of Justice. We want to see landlords being offered a digital process for possession on all grounds.

[Richard Graham (Gloucester) (Con)]

If the Bill’s Second Reading receives widespread support because it will rightly ditch no-fault evictions of tenants without triggering an exodus of private sector landlords, that will in no small part be down to the hard work, for which I am very grateful, of Ministers including my hon. Friend. While she is looking at what is a reasonable speed to resolve antisocial behaviour claims in the courts, will she confirm that it is the Government’s firm intention to fulfil our manifesto commitment and implement the Bill as soon as possible?

[Rachel Maclean]

I thank my hon. Friend very much. I can absolutely give him that assurance.

[Mr Fysh]

Does the Minister accept that if the Country Land and Business Association’s estimate is correct that the Bill may reduce the available private rentals by 40% in rural areas, that could have a completely deleterious effect on the Prime Minister’s main pledge, which is to get inflation down? Core inflation is driven by rentals. Will the Minister work with me to fix the Bill and ensure that that does not eventuate?

[Rachel Maclean]

I am very happy to work with my hon. Friend on this and many other issues, but it is important that I say that we have done considerable analysis. There is no evidence, such as the estimate that he has just pointed to, that the Bill will lead to landlords leaving the sector, but it is right that any policy that the Government bring in is based on evidence. That will always be our approach.

[John McDonnell]

Will the Minister give way?

[Rachel Maclean]

I want to wind up now, because I cannot detain the House any longer. I assure right hon. and hon. Members that we are focused on introducing this groundbreaking once-in-a-generation reform. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Renters (Reform) Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Renters (Reform) Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 5 December 2023.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Andrew Stephenson.)

Question agreed to.

Renters (Reform) Bill (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Renters (Reform) Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by the Secretary of State; and

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Andrew Stephenson.)

Question agreed to.

Renters (Reform) Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Renters (Reform) Bill, it is expedient to authorise:

(1) the charging of fees under or by virtue of the Act; and

(2) the payment of sums into the Consolidated Fund.—(Andrew Stephenson.)

Question agreed to.

Renters (Reform) Bill (Carry-over)

Motion made, and Question put forthwith (Standing Order No. 80A(1)(a)),

That if, at the conclusion of this Session of Parliament, proceedings on the Renters (Reform) Bill have not been completed, they shall be resumed in the next Session.—(Andrew Stephenson.)

Question agreed to.

Petition

Levelling-up and Regeneration Bill

Baroness Maclean of Redditch Excerpts

Consideration of Lords amendments
Tuesday 17th October 2023 Commons Chamber

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

I beg to move amendment (a) to Lords amendment 117.

[Madam Deputy Speaker]

With this it will be convenient to consider:

Government amendments (b) to (d) to Lords amendment 117.

Lords amendment 231, and Government amendment (a).

Lords amendment 237, and Government amendments (a) and (b).

Lords amendment 369, and Government amendments (a), (c), (b) and (d).

Lords amendment 1, and Government motion to disagree.

Lords amendments 2 and 4, Government motions to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 3, and Government motion to disagree.

Lords amendment 6, Government motion to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 10, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 13, and Government motion to disagree.

Lords amendment 14, Government motion to disagree, and Government amendments (a) to (p) in lieu.

Lords amendment 18, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 22, and Government motion to disagree.

Lords amendments 30 and 31, Government motions to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 44, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 45, and Government motion to disagree.

Lords amendment 46, and Government motion to disagree.

Lords amendment 80, and Government motion to disagree.

Lords amendment 81, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 82, and Government motion to disagree.

Lords amendment 90, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendments 102 and 103, Government motions to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 133, and Government motion to disagree.

Lords amendment 134, and Government motion to disagree.

Lords amendment 137, and Government motion to disagree.

Lords amendment 139, and Government motion to disagree.

Lords amendment 142, and Government motion to disagree.

Lords amendment 156, and Government motion to disagree.

Lords amendment 157, and Government motion to disagree.

Lords amendment 172, and Government motion to disagree.

Lords amendment 180, and Government motion to disagree.

Lords amendment 199, and Government motion to disagree.

Lords amendment 239, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 240, Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 241, and Government motion to disagree.

Lords amendments 242, 243 and 288, Government motions to disagree, and Government amendments (a) to (d) in lieu.

Lords amendment 244, and Government motion to disagree.

Lords amendment 249, and Government motion to disagree.

Lords amendment 273, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendment 280, and Government motion to disagree.

Lords amendment 285, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendment 327, and Government motion to disagree.

Lords amendment 329, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendments 5, 7 to 9, 11, 12, 15 to 17, 19 to 21, 23 to 29, 32 to 43, 47 to 79, 83 to 89, 91 to 101, 104 to 116, 118 to 132, 135, 136, 138, 140, 141, 143 to 155, 158 to 171, 173 to 179, 181 to 198, 200 to 230, 232 to 236, 238, 245 to 248, 250 to 272, 274 to 279, 281 to 284, 286, 287, 289 to 326, 328, 330 to 368 and 370 to 418.

[Rachel Maclean]

The Levelling-up and Regeneration Bill has had a lengthy passage. I take this opportunity to pay tribute to all my predecessors in my role and to colleagues across the Department who have shepherded the Bill to its position.

The Bill reflects the huge importance of levelling up for the future of the country. For decades, successive Governments have failed to address the inequality of opportunity in our country. Economic growth has for too long been concentrated in a select few areas. The Bill will ensure that this Government and future Governments set clear, long-term objectives for addressing entrenched geographic disparities.

The Bill will expand and deepen devolution across England. It will devolve powers to all areas in England where there is demand for it, allowing local leaders to regenerate their towns and cities and restore pride in places by creating a new institutional model more suitable for devolution to whole-county areas outside city regions that have more than one council: the combined county authority.

[Sir Desmond Swayne (New Forest West) (Con)]

I do not know what the Minister is going to say about Lords amendment 14, but if she is agin it, will she reassure me that the voice of district councils will not be lost in combined county authorities, which would create a disparity of the type that she is out to remove in the Bill?

[Rachel Maclean]

I thank my right hon. Friend for his view. I will come on to address that point substantially in my remarks.

We are modernising our planning system, putting local people at its heart so that it delivers more of what communities want. The reformed system will champion beautiful design in keeping with local style and preferences and ensure that development is sustainable and accompanied by the infrastructure that communities will benefit from.

The Bill further strengthens protections for the environment so that better outcomes are at the heart of planning decisions. I am pleased to be able to inform the House that we have reached agreement with both the Welsh and Scottish Governments on a UK-wide approach to environmental outcomes reports in part 6 of the Bill.

[Chris Grayling (Epsom and Ewell) (Con)]

May I welcome the amendment that the Government tabled in the other place that will have the effect of addressing the issues I raised on Second Reading about the propensity of developers simply to clear a site in advance, with no regard for the wildlife on it at all? We had a controversial case of that happening only last week. I think the amendment will make a real difference and stop that terrible practice happening. It is a good example of the Government’s commitment to wildlife and the environment. I am grateful to the Minister.

[Rachel Maclean]

I thank my right hon. Friend from the bottom of my heart for all the work he has done to protect wildlife both in his constituency and across the country. Hedgehogs will be a lot safer for his determined work—and not only hedgehogs but all other species of our beloved wildlife.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Will the Minister give way?

[Rachel Maclean]

I will give way shortly.

We have committed to resolving a related anomaly by reinstating a devolved regulation-making function for the Scottish Government on Electricity Act 1989 consents. That was lost following the repeal of the European Communities Act 1972. Our Governments will work together to transfer functions so that powers lost in the repeal of that Act can be reinstated, using existing processes under the Scotland Act 1998.

Since the Bill left this House, the Government have made a number of amendments to improve it. For example, we have addressed the issue of the payment of compulsory purchase hope value compensation by removing hope value from certain types of schemes where there is justification in the public interest. Part 11 of the Bill has been refined in response to concerns raised by the House about the need to specify the purposes for which the new information-gathering powers may be used. To bolster the Bill’s benefits for the environment, we have reduced opportunities for incentives for site clearance before development, just as we heard from my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), and included a clear requirement for plan makers to take into account the content of local nature recovery strategies.

I turn to the changes added by peers in the other place. Part 1 of the Bill provides the foundations to address entrenched geographic disparities across the UK. We have heard calls to be clearer on the third round of the levelling-up fund and tabled an amendment that adds a duty to lay a statement before each House of Parliament within three months of Royal Assent about the allocation of levelling-up fund round 3. Our views differ from those in the other place. We do not think that there is any connection between that further clarity on the levelling-up fund and the publication of the statement of levelling-up missions. Therefore, we do not think it is necessary to bring forward the laying date of the statement of levelling-up missions as proposed in Lords amendment 1.

We have been clear that the first statement of levelling-up missions will contain the missions from the levelling up White Paper. Missions may need to evolve over time and, if the detail of missions appears in the Bill, the process to adjust them in the future will become unhelpfully rigid and time-consuming. Therefore, in response to Lords amendments 2 and 4, seeking missions on child poverty and health disparities, the Government have tabled an amendment that requires the Government to consider both economic and social outcomes in deciding their levelling-up missions. That means that we retain that vital flexibility for future Governments to set missions according to the most important pressing issues of the day, while recognising that social outcomes such as child poverty and health inequalities are essential factors when deciding missions.

We are not able to accept Lords amendment 3, which would define criteria for assessing the success of levelling up, because those criteria will inevitably change as the data we have evolves. However, given the strength of feeling, I am pleased to announce that the Government can commit to publishing an analysis of geographical disparities alongside the first statement of missions. Linked to that, there have been calls for more specific reporting on levelling up and rural proofing in Lords amendment 6. We strongly agree that levelling up must work for all types of communities, not just those in urban centres.

[Dehenna Davison (Bishop Auckland) (Con)]

Will my hon. Friend give way on that point?

[Rachel Maclean]

I will just finish this remark, and I will certainly give way to my former ministerial colleague.

The Department for Environment, Food, and Rural Affairs already publishes an annual rural proofing report, which reflects the Government’s consideration of rural challenges across policymaking.

[Dehenna Davison]

As someone proud to represent a predominantly rural community, does my hon. Friend agree that one of the best ways to level up in rural areas is by ensuring that those areas get strong devolution deals with strong local leadership?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just a little reminder that if Members intervene on a speaker, it is customary to stay until the end of their speech.

[Rachel Maclean]

I want to reiterate my thanks to my former colleague, my hon. Friend the Member for Bishop Auckland (Dehenna Davison), who did so much to shepherd the Bill to its current position. I completely agree with her. The best way to ensure levelling up across the country is by voting Conservative, because we have done more than any other Government to spread opportunity around the country.

To avoid anything that would duplicate the work I just mentioned, we have tabled an amendment that will require the Government to have regard to the needs of rural communities in preparing the statement of levelling-up missions. That is consistent with the approach we have taken in other areas, including with respect to the devolved Administrations.

We have heard the concerns highlighted through Lords amendment 199 on access to banking facilities for communities, and we share those concerns. Branch closures are commercial decisions for banks, and we do not believe that a blanket requirement on local authorities to produce strategies to inhibit that would be effective or proportionate. Instead, the Treasury will continue to support the roll-out of alternative services, such as banking hubs, which will ensure that communities across the country have access to the facilities they need.

[Margaret Greenwood (Wirral West) (Lab)]

On Lords amendment 199, a lot of constituents have written to me with their concerns about bank closures. In West Kirby in my constituency, when the last bank closes next year there will be a banking hub, but it will not meet the needs of everyone across the constituency. Does the Minister agree that banks, post offices and so forth are incredibly important, particularly for those who are not able to or do not have the facility to access the internet and do their transactions online? Will she reconsider that position?

--- Later in debate ---

[Rachel Maclean]

The hon. Lady makes some good points. As I said, we agree on the importance of those services, particularly for the rural communities that we represent. That is why we are pushing through with the other work being done by our colleagues in the Treasury, and with the banking services model.

Turning to combined county authorities, the Government have heard the strength of feeling in both Houses about combined county authority associate member voting rights, and the combined authority boundary changes. The Government are therefore content to remove the ability to vote from associate members of both combined authorities and combined county authorities, the latter of which is called for by Lords amendment 14. We are also content to accept the requirements that must be satisfied before local government areas are added to an existing combined authority for the first nine months after Royal Assent, as proposed in Lords Amendment 18. The Government have accordingly tabled amendments in lieu, which we hope the House will support.

The core feature of combined county authorities is that only upper tier local authorities can be constituent members. That principle is essential to ensuring devolution, and its benefits can be expanded to two-tier areas. The House will not need reminding of several previous devolution deal negotiations for combined authorities that have failed in these areas, despite majority support for the deal. Allowing non-constituent members of a combined county authority to become full members would undermine our efforts to address the problem in future and would reduce the effectiveness of devolution in those areas. We remain of the view that combined county authorities must engage all relevant stakeholders, and wish for district councils to have voting rights on issues pertaining to them, but they must be established at local level. Let me reassure the House that the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Redcar (Jacob Young), who is next to me on the Front Bench, is having detailed discussions with districts on that point.

[John Redwood (Wokingham) (Con)]

Given the Minister’s enthusiasm for devolution and the wish to spread investment more sensibly around the country, what extra powers will local communities have to decide what is a realistic number of new homes in any given area?

[Rachel Maclean]

I will address that matter in due course, so I hope my right hon. Friend will allow a little patience.

[Sir Julian Lewis (New Forest East) (Con)]

I would like to reinforce what my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) said about the concern at district council level that they may be sidelined in combined authorities. We have received a persuasive letter from New Forest District Council, and I would like the Minister to reassure the House that her pledge that they can vote on areas relevant to them will be honoured.

[Rachel Maclean]

New Forest MPs are definitely speaking up for their residents today. My right hon. Friend will have seen the Levelling Up Minister next to me; he has heard that vital point. These matters must be decided locally, but I can reassure both my right hon. Friends the Members for New Forest West (Sir Desmond Swayne) and for New Forest East (Sir Julian Lewis) that their voices have been heard and those points will be considered in future arrangements.

It is our strong view that one of the core principles of local democracy is that citizens can attend council meetings to interact in person with their local representatives. There are no limits placed on authorities broadcasting their meetings online and we do not agree that councillors should be able to attend those meetings and cast their votes remotely. It is important that they are present, active participants in local democracy. Therefore, the Government are not able to support Lords amendment 22.

The Bill removes a key barrier to transferring police and crime commissioner functions to combined authority Mayors, a long-standing Government commitment. Those powers do not permit the removal of a police and crime commissioner in favour of a mayor mid-term, as some have suggested. The powers simply allow the May 2024 mayoral elections to elect the Mayor as the next police and crime commissioner for an area, where Mayors request that the election be conducted on that basis. It is to allow the proper preparation for, and administration of, those elections that the Government are seeking to commence the provision upon Royal Assent, and so we are unable to support Lords amendment 273.

Turning to planning, we have heard the strength of feeling across both Houses about the need for national development management policies to be produced transparently, with clear opportunities for scrutiny. We have therefore strengthened the consultation requirements in the Bill, to make it clear that consultation will take place in all but exceptional circumstances, or where a change has no material effect on the policies. Draft policies will also need to be subject to environmental assessment, which in itself will require consultation. That will give everyone with an interest in these important policies—the public and parliamentarians alike—the opportunity to scrutinise and influence what is proposed.

Housing provision has been raised by my right hon. Friend the Member for Wokingham (John Redwood).

[Theresa Villiers (Chipping Barnet) (Con)]

Will the Minister give way?

[Rachel Maclean]

Will my right hon. Friend allow me to finish my point, and then I will gladly give way?

As our existing policy makes clear, it is important that every local plan is founded on a clear understanding of the housing needs in the area. In response to Lords amendment 82, we have tabled an amendment that puts that important principle into law: plans should take into account an appropriate assessment of need, including the need for affordable homes. Any assessment of need is only a starting point for plan making; it will remain the case that local planning authorities will make their own assessment of how much of that need can be accommodated.

[Theresa Villiers]

Will the Minister assure the House that the compromise set out in the Secretary of State’s letter to colleagues of 5 December last year will be implemented? It is an important way to amplify local control over what is built in a neighbourhood, while still delivering the volume of new homes that we need.

--- Later in debate ---

[Rachel Maclean]

I thank my right hon. Friend for raising that point, which I think is a matter of interest to all colleagues. She will know that we have had an exceptionally high level of interest in the consultation on the national planning policy framework, with over 25,000 respondents across the country. That demonstrates the keen interest of parliamentarians and their constituents in this important issue. She will know that officials need to work through those responses, as they are doing directly with her and others, before we make proposed changes. Officials will continue to work with her and other colleagues, and we look forward to publishing the updated document shortly. To be clear, the position remains as outlined in the Secretary of State’s letter of December 2022.

[Dominic Raab (Esher and Walton) (Con)]

The Minister is endeavouring to strike the right balance in a tricky area. Does she agree with me, as a former Housing Minister—there are one or two in this place—that actually the most important thing beyond what happens in Westminster is that local authorities get their local plan in place? We have a Liberal Democrat-run council in Elmbridge. It does not have a plan in place and has not for years. That is what exposes the green belt and unwanted developments such as the Jolly Boatman site which local communities do not want.

[Rachel Maclean]

I thank my right hon. Friend and esteemed predecessor in my role. I will come on to speak a bit more about the “banana” policies of the Liberal Democrats later in my remarks. For the avoidance of doubt, that stands for—

[Daisy Cooper (St Albans) (LD)]

rose—

[Rachel Maclean]

No. The hon. Lady will have her chance to speak later. It stands for “build absolutely nothing anywhere near anyone”. That is their policy. The whole House and the whole country know it. We on the Conservative Benches are building the homes that the country needs. My right hon. Friend the Member for Esher and Walton (Dominic Raab) is absolutely right to say that where local authorities have a local plan more houses are built, and that where local authorities do not produce a local plan they are failing their residents and letting down future generations who will live in those areas. I will not take any more interventions now; I need to make some more progress.

The Government agree that it is vital for local planning authorities to have the resources they need to deliver an effective planning service. On 20 July, we laid draft affirmative regulations that, if approved by Parliament, will increase planning fees by 35% for major applications and 25% for all other applications. This is a national fee increase that will benefit all local planning authorities in England. We are also undertaking a programme, with funding, to build capacity and capability in local planning authorities. The Government do not believe that enabling authorities to vary fees and charges is the way to answer resourcing issues. It will lead to inconsistency of fees between local planning authorities and does not provide any incentive to tackle inefficiencies. It would also create significant financial costs to the taxpayer. We do not require the fee income to be formally ringfenced, as there is already a requirement through primary legislation for planning fees to be used for the function of determining applications. We have been very clear that local planning authorities should use the income from planning fees to fund their services. That will allow them to build their capability and capacity, and improve their performance. Therefore, the Government are not able to support Lords amendment 82.

On the environment, the Government agree that the planning system must support our efforts to meet our legal net zero commitments by 2050 and to tackle the risks of climate change. We have committed to updating the national planning policy framework to ensure it contributes to climate change mitigation and adaptation as fully as possible. What is crucial, however, is that we address climate change in a way that is effective without being unnecessarily disruptive or giving rise to excessive litigation for those seeking to apply the policies once they are made. That is why we cannot support Lords amendment 45.

[Sir Michael Ellis (Northampton North) (Con)]

I congratulate the Minister on her stewardship of the Bill. It is clear that it will be to the further benefit of the environment and devolve power democratically in terms of local decision making. Does she agree that it is this Conservative Government that are best for levelling up, whereas the other political parties in this Chamber constitute no progress at all and will bring no progress in the unlikely event they are ever put in that position? Is not the fact of the matter that, both democratically and transparently, it is the policies she is setting out and the position of this Government that will be for the benefit of the whole country?

[Rachel Maclean]

I thank my right hon. and learned Friend. I think Northampton North speaks for the whole House on this issue. With that, I will give way to my right hon. Friend the Member for North Somerset (Dr Fox).

[Dr Liam Fox (North Somerset) (Con)]

My hon. Friend says, very importantly, that we will be getting an update to the NPPF to reflect the changes made in the Bill. Can she give us an idea when we will get it? We were promised it before the summer and then we were promised it in September. When will the House and the country actually see the updated NPPF?

[Rachel Maclean]

I recognise that there is a keen appetite to see the update. As I set out earlier, there has been a huge amount of work to analyse the very significant volume of responses. We will be bringing forward the update as soon as the Bill receives Royal Assent.

[Caroline Lucas]

Will the Minister give way?

[Rachel Maclean]

I am not going to give way at the moment, I am afraid.

The Government agree that the quality of our homes is vital, but we do not agree that further legislation is needed to achieve that. The healthy homes principles contained in Lords amendments 46, 327 and 249 cut across building safety, building standards, building regulations, planning policy and design. They are already considered and addressed through those well-established systems.

[Caroline Lucas]

I am truly grateful to the Minister for giving way.

In its latest progress report, the Climate Change Committee was clear that planning policy needs what it calls “radical reform” to support net zero. Will the Minister therefore say more about her bewildering decision not to accept Lords amendment 45, which would simply ensure that all national planning policy decisions, local planning making and individual development decisions are in line with net zero? If the Government are serious about wanting net zero to be a priority, why would they not ensure that all their planning decisions support net zero, rather than undermine it?

[Rachel Maclean]

I have set out that, of course, the planning system puts the environment and net zero at the heart of all its work.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to my hon. Friend for giving way. I just want to go back to the point about the Government coming forward with the NPPF. She indicated that it would appear very quickly after Royal Assent. Presumably the Bill will receive Royal Assent very quickly, so surely that piece of work must be almost ready. Why can we not see it sooner rather than later?

[Rachel Maclean]

My right hon. Friend is absolutely right. We very much hope we will, with the consent of the House after these debates, see the Bill receive Royal Assent. We are working at pace to bring forward the long-awaited detail that she and others are rightly pressing for.

[Steve Brine (Winchester) (Con)]

Will the Minister give way on healthy homes?

[Rachel Maclean]

I will come to colleagues very shortly. I want to say a few words about healthy homes, which I think my hon. Friend may want to speak about. The Government do not agree that an additional regulatory framework to promote healthy homes, including a schedule setting out the principles and process for providing a statement, is necessary, because it is already considered and addressed through well-established systems.

[Steve Brine]

I understand why the Government are resisting Lords amendment 46, a cross-party amendment from Lord Crisp, Lord Young of Cookham and Lord Blunkett. I understand what the Government are saying. At the moment, a big Select Committee inquiry is under way into prevention and we are looking at healthy homes. Is the Minister satisfied that the Government are addressing the fact that poor-quality housing is a major determinant of ill health that cuts across inequalities and is directly comparable to that? Is the Minister satisfied that all the stuff in the letter yesterday from the Secretary of State to all Members is in place to address that inequality?

[Rachel Maclean]

I thank the Chair of the Health Committee for all the work he is doing on this issue. I will read his report with great interest. I draw the House’s attention to the work that the Government and the Department are doing to tackle the damp and mould that is in so many houses and that caused the tragic death of Awaab Ishak. It is always right that we look to see what more we can do.

[Rachael Maskell (York Central) (Lab/Co-op)]

Will the Minister give way?

[Rachel Maclean]

I need to make progress.

On the important issue of building in flood risk areas, which was raised in the other place, amendment 80 is well intentioned but would have wholly impractical implications. Under the amendment, a ban on residential development in land identified as flood zone 3 would take no account of flood defences and where, in reality, it is safe to build. For example, some 60% of the London Borough of Hammersmith and Fulham lies in flood zone 3, as do many parts of Westminster. Planning policy and guidance make it clear that residential development is not compatible with functional floodplain, and should not be approved.

There is strong policy and guidance in place to prevent residential development where that would be genuinely unsafe. In high-risk areas, such development is only acceptable when there are no reasonably available sites with a lower risk of flooding, when the benefits of development outweigh the risk, and when it can be demonstrated that the development can be made safe for its lifetime without increasing flood risk elsewhere and, where possible, will reduce flood risk overall.

[Tom Randall (Gedling) (Con)]

I appreciate that the wording of Lords amendment 80 is not suitable given its likely scope, but flooding is a big issue in my constituency. It has affected a number of building sites, the Linden Grove development being just one example. Can the Minister assure me that the wide panoply of powers available to the Government, including the forthcoming planning policy framework, will create the infrastructure and apparatus necessary to ensure that a robust system will be in place to prevent flooding from affecting future housing developments?

[Rachel Maclean]

I can, with pleasure, give that assurance to my hon. Friend’s constituents, and to those in other flood-risk areas. We have considered this matter very carefully. We have strengthened planning policy and guidance, and put capacity into local authorities to enable them to assess risks properly. We believe that the policy strikes the right balance between allowing house building where it is safe and, of course, protecting homes from flooding in the future.

We are grateful for the constructive discussions that have taken place on the important topic of ancient woodland. We are content to accept the principle of Lords amendment 81, which means that within three months of Royal Assent we will amend the Town and Country Planning (Consultation) (England) Direction 2021 to require local planning authorities to consult the Secretary of State if they want to grant planning permission for developments affecting ancient woodland. That clause will ensure that a Government commitment made during the passage of the Environment Act 2021 is enacted to a specified timeframe.

[Mrs Natalie Elphicke (Dover) (Con)]

Ancient woodland is already highly protected. Will the Minister consider how this will interact with major infrastructure delivery in line with the commitment that she has given? I am particularly mindful of the fact that in Dover we are seeking an upgrade of the A2, which has already been planned to take account of ancient woodland. I am keen for that to progress, taking account of the existing environmental considerations.

[Rachel Maclean]

My hon. Friend is an excellent champion of infrastructure and housing in her constituency and, of course, throughout the country. She has made an important point, and I should be pleased to meet her and, possibly, her local representatives to talk about it in more detail.

Last month, in response to the concerns of Members of both Houses, the Government made changes to the national planning policy framework in relation to onshore wind, which were designed to make it easier and quicker for local planning authorities to consider and, where appropriate, approve onshore wind projects when there is local support. We need to allow time for those changes to take effect, so we will keep the policy under review, and will report in due course on the number of new onshore wind projects progressing from planning application through to consent. We also intend to update planning practice guidance to support the changes further, and to publish our response to the local partnerships consultation for onshore wind in England. The response will set out how, beyond the planning system, the Government intend to improve the types of community benefits that are on offer for communities who choose to host onshore wind projects, including local energy bill discounts.

[Sir Alok Sharma (Reading West) (Con)]

Conservative colleagues and I, along with the Minister’s Department, worked together to end the de facto banning of onshore wind, and I am grateful for that. However, as the Minister has acknowledged, we need to see whether this policy is working, and a key determinant of that will be whether onshore wind really has meaningful community benefits. The consultation closed three and a half months ago; will the Minister tell us when we will see its conclusions? I am not suggesting that she should pre-empt those now, but could she also specify some of the likely monetary benefits that might flow to communities, so that we could have an indication that the Government are moving in the right direction?

[Rachel Maclean]

I thank my right hon. Friend for what he has said, and for all the vital work that he did in his previous role in taking forward the country’s reaction to climate change. This is a key plank of our policy. Our commitment to renewables is beyond question, and we have done more to drive forward that agenda with the help of my right hon. Friend and others. I have been discussing some of the questions he has raised today with my colleagues in the Department for Energy Security and Net Zero, because I think people want to see what this means in practice for their communities. We have some exciting work planned, and I can assure him that, as I have said in response to earlier interventions, we will provide the response to the NPPF—which covers this and other matters—as soon as we can.

The Government remain committed to repealing the antiquated Vagrancy Act 1824 as soon as replacement legislation can be introduced, and once that has happened there will be no need to publish a report. Lords amendment 240 would require a Minister to publish, within 90 days of Royal Assent, an assessment of the impact of the enforcement sections of the Vagrancy Act on levelling up and regeneration. Given our commitment to the repeal and replacement of the Act, and because identifying and gathering the information would take significant time, we propose that a year should be provided rather than 90 days.

To ensure that the leaseholder protections on remediation work as originally intended in the Building Safety Act 2022, we have tabled an amendment to remedy a gap in the Act so that a qualifying lease retains its protection if extended, varied, or replaced by an entirely new lease. We do not, however, agree that Lords amendment 242, which would secure parity between non-qualifying and qualifying leaseholders, and exclude shares in a property of 50% or less from being counted as “owned” for the purposes of calculating whether a lease qualifies for the protections, should be accepted. There are a number of defects in the amendment; in particular, it would remove the protections once remediation work was complete, which a number of stakeholders have described to us as a potentially worrying change.

The Government made amendments to the Bill—clauses 239 and 240—which will allow us to transfer the building safety regulator out of the Health and Safety Executive in the future. That will ensure that we are ready, and have the flexibility in place, to respond to the Grenfell Tower inquiry report when it is published. When the regulator is moved, the essential committees established under sections 9 to 11 of the Building Safety Act will need to be transferred. We are therefore unable to accept an amendment that prevents us from removing the references to the Health and Safety at Work etc. Act 1974 in relation to the committees. I should, however, make it clear that the Government have no intention of amending the make-up or role of those committees.

The Government take the condition of school and hospital buildings very seriously, which is why we already have extensive, well-established and transparent data collection arrangements for schools and hospitals. In addition to annual funding and central rebuilding programmes, we provide targeted support for schools and hospitals with specific problems such as reinforced autoclaved aerated concrete. The creation of a new register, collecting new data and following up relatively minor issues easily managed locally, will take limited resources and focus away from the most serious issues which require additional support to keep our schools and hospitals safe, undermining overall safety. That would carry unavoidable significant financial implications for both the NHS and the school system. The Government have listened to the arguments about local authorities opening their own childcare provision. While we did not feel that there was a legislative gap, we are willing to concede that point in full, and an amendment will be added to the Bill.

You will be delighted to know, Madam Deputy Speaker, that I am nearing the end of my remarks, but I have no doubt that you will hear from the Opposition Front Bench a torrent of complaints and criticisms of the Government’s entire policy. Before we hear from them, however, let me make a few things clear. Despite having listened to numerous speeches from Opposition Front Benchers, I have no idea what their plans are for this vital policy area—apart from the rare instances in which they have simply repeated, and passed off as their own ideas, what the Government are already doing. They claim that they would magically make all these things happen without any additional public spending. Oh, I am sorry; perhaps I have missed their saying where they will spend the VAT charge on private schools, for possibly the ninth or 10th time. We can all see that for the fantasy it is.

--- Later in debate ---

[Rachael Maskell]

Will the Minister give way?

[Rachel Maclean]

I am not giving way.

The Leader of the Opposition says that his is now the party of the yimbys. We all want housing for our own children and grandchildren—I am a mother of four; my second grandchild, Henry, was born just last night—so this Government stand squarely behind the aspiration of families across the country to buy a home of their own and get on the housing ladder. But what have we seen from Labour? At least 19 members of the shadow Cabinet have conspired to block houses being built in their own constituencies, including the right hon. Member for Ashton-under-Lyne and the Leader of the Opposition himself, who just two years ago voted to protect the right of communities to object to individual planning applications. That is what he voted for in this place, yet he now says that local communities will be completely ignored. Presumably what he means is that what is okay for him is not okay for anyone else. He wants to rip up the protections for precious green spaces, not just on the green belt but on the brownfield sites. Of course these are a vital aspect of our brownfield-first planning policies, but they often also form a vital green lung in heavily urbanised areas—[Interruption.] There is an awful lot of chuntering from Labour Front Benchers. They do not like what I am saying, but I will not be shouted down in standing up for house building across the country.

I would like to refer to a quote:

“Green space is vital in our communities to give children a safe place to play and to enhance community well-being.”

Not my words but the words of the right hon. Member for Ashton-under-Lyne, who went on to say:

“I wanted residents to know they have my support in their bid to stop contractors entering the site to start building.”

I hope that the Leader of the Opposition has explained his position clearly to the residents of Mid Bedfordshire and Tamworth, who I am sure will be interested to know exactly which sites on their green belt, urban brownfield and rural farmland the Labour party would like to determine, at the stroke of a north London lawyer’s pen, should be built over with zero regard to local communities.

[Karin Smyth (Bristol South) (Lab)]

Will the Minister give way?

[Rachel Maclean]

I will not give way.

There is no credibility at all on the Labour Front Bench. You do not have to take my word for it; just look at housing delivery in London and in Wales, where Labour has been in government, with all the powers, funding and levers, for many years. It has an atrocious record on house building, housing delivery and affordable house building. It is hardly surprising, when house building fell to the lowest level since the 1920s the last time Labour was in government. That, along with everything else, is something that the Conservatives had to sort out when we took office.

We are on track to deliver our manifesto pledge to build 1 million homes during this Parliament, with housing delivery at near-record 30-year highs. We are not complacent, and we need to deliver more of the right homes in the right places. That is why the Prime Minister and the Housing Secretary set out our long-term plan for housing in July—a plan based on the principles of building beautiful, with homes built alongside GP surgeries, schools and transport links, where communities are listened to and where we enhance the natural environment and protect our green spaces. It is a plan where we will build beautiful neighbourhoods modelled on the streets of Maida Vale, the crescents of Bath or the rural and suburban vernacular of Poundbury, not on soulless dormitory towns.

Now I shall turn to the Liberal Democrats. Even by their own standards, we have seen the most extraordinary fiasco unfolding within their party. I have to hand it to them: their balancing act is pretty impressive. They are taking the high-rise tightrope walk art of holding two entirely different positions at the same time to newly dizzying heights. Historically, the Lib Dems have been the BANANA party—build absolutely nothing anywhere near anyone—but amid incredible scenes, their youth wing has thrown out the yellow bendy fruit and forced on the party a top-down Whitehall-driven target of 380,000 houses a year.

[Daisy Cooper]

Will the Minister give way?

[Rachel Maclean]

No, I will not give way. The hon. Lady can speak later.

This policy has been described by the Lib Dems’ own former leader—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just a little reminder that we are on Lords amendments. I am sure the Minister will be referring her remarks back to the relevant ones.

--- Later in debate ---

[Rachel Maclean]

Thank you, Madam Deputy Speaker. We did discuss the matter of housing targets in the Lords debate.

The Lib Dems’ policy to have 380,000 houses a year—that is certainly this week’s policy—has been described by their own former leader as Thatcherite. So anyone contemplating voting Liberal Democrat needs to know what this means. I am afraid that they can no longer sustain a position of objecting to every single house being built in their area, or avoid making local plans to give communities a proper say over housing and the green belt. As we have seen with so many Liberal Democrat local authorities, they have kicked the can down the road and failed their residents.

I shall finish by expressing my gratitude to all my colleagues, both here and in the other place, for their continued and dedicated engagement with this complicated and complex Bill during its passage. We have listened carefully to the views of Members on both sides of the House, stakeholders and members of the public. The amendments we have made to the Bill as it has progressed to the Lords have further enhanced it and I commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call shadow Minister.

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[Peter Aldous]

I agree entirely with my right hon. Friend on that point. Coming out of covid, a lot of parish councils have raised that issue with me. From their perspective, they have made well-reasoned cases. They are not going to go daft. There is perhaps a nightmare scenario of local councillors never leaving their homes and, as a result, being abstract from the communities they represent. But they will not do that. They will be very mindful of their responsibilities and they would use this provision sensibly. At a time when we are talking about cascading down responsibilities to local authorities, it appears slightly perverse to be saying, “No, you’ve got to do it this way.”

My next point relates to Lords amendments 46 and 327, which would require the Secretary of State to promote healthy homes and neighbourhoods through a regulatory framework for planning and the built environment. As we have heard, the Government are seeking to strike out those amendments, on the basis that they will cut across the actions the Government are already taking to improve the quality of new homes, will create uncertainty and risk legal challenge and delay. I would readily accept that argument if the existing policy was working well, but it is not; it is complex and focused only on risk reduction. We should bear it in mind that from a high-quality home a host of benefits ensue and cascade down: better health and less pressure on the NHS; and an enhanced environment for learning, doing homework and passing the exams and getting the qualifications that enable people to realise their life ambitions, thereby ensuring social mobility. That in turn leads to improvement in national economic productivity. If the Government are to strike out those amendments, they need to fast-track their reviews of the decent homes standard and future homes standard and to put them in a coherent, positive and ambitious framework.

Finally, Lords amendment 45 requires the Secretary of State to have special regard to climate change mitigation and adaptation in preparing national policy, planning policy and advice relating to the development or use of land. As we have heard, the Government oppose the amendment on the basis that it could trigger a slew of litigation, which would hinder action needed to safeguard the environment, and that it repeats existing policy and statutory requirements. They also say that the importance of the environment is already restated in the Bill. I take that on board, although I would highlight three concerns.

First, to achieve our net zero obligations, there is a need for an enormous amount of private sector investment. As the UK Green Building Council points out, pension funds, corporate investors and construction companies require clarity, consistency and certainty in the policy framework. At present, that is missing and the business and investment community is confused.

Secondly, the existing system has created an inconsistency whereby local authorities must take net zero into account in developing their local plans, but the Planning Inspectorate and the Secretary of State, as we heard on a number of occasions, do not have to give net zero the same level of consideration. If this Lords amendment does not stand, at the very least the Government need to remove that ambiguity as quickly as possible.

Finally, I am mindful that in Waveney, my own backyard, in Suffolk and across East Anglia, we are at the forefront of the challenges and opportunities arising from climate change. We have an exposed and vulnerable coast, we are low lying and prone to flooding, and we are the driest region in the UK. That said, we have great economic opportunities arising from the low-carbon economy, in the form of offshore wind, nuclear and hydrogen.

Local authorities and local business in the eastern region have innovative plans to best address these threats and to maximise the benefits arising from these opportunities. However, as matters stand, they are constrained by the inconsistencies I have outlined. A greater emphasis on climate change mitigation would provide some certainty and would help to attract the private sector investment I mentioned that, as we are seeing, is globally footloose.

These are the concerns I have. I acknowledge that the Bill should not be seen as the panacea for all our ills and I have listened to the assurances that my hon. Friend the Minister has provided. I hope that she might be able to allay some of the concerns I have outlined in her summing up.

[Rachel Maclean]

It is a pleasure to be able to respond to the points made by colleagues across the House. This is a complex and important Bill, and it has been a thoughtful and well set out debate; everyone has contributed.

I thank colleagues across the House for their remarks. I can assure everyone that the Government have listened extremely carefully to those. Because I have limited time, I may not be able to give as full an exposition on every single point, but I hope colleagues will not be disappointed and my door is always open to colleagues —as are the doors of all my ministerial colleagues in the Department for Levelling Up, Housing and Communities—to listen to any specific problems that people will have. Therefore, I want to thank the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley) and my right hon. Friend the Member for North Somerset (Dr Fox) for their comments.

I thank the hon. Member for Somerton and Frome (Sarah Dyke) for her maiden speech and congratulate her on how she delivered it and its content. I listened to it with great interest and particularly noted her advocacy for and championing of the cider industry in her constituency, as well as her standing up for farmers. I am sure that is something that every single Member of the House can strongly agree with. I wish her all the best for her parliamentary career.

I thank my hon. Friend the Member for St Ives (Derek Thomas), my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), the hon. Member for North Shropshire (Helen Morgan), my right hon. Friend the Member for Wokingham (John Redwood), my hon. Friend the Member for Buckingham (Greg Smith), my right hon. Friend the Member for New Forest East (Sir Julian Lewis) and my hon. Friends the Members for Mansfield (Ben Bradley) and for Waveney (Peter Aldous) for their comments. I also thank colleagues from the Opposition Front Benches for their constructive comments. We have definitely reached agreement on some points, although not all, which is not surprising given the range of issues we have been looking at.

I want to touch on a few themes that colleagues have raised. I hope that we can go some way to addressing the specific questions put to me by them. Colleagues have raised concerns about how national development management policies will operate in practice; people have said they are thinking ahead to how those could operate in practice. I want to be clear that, where a decision is made in accordance with the development plan, national development management policies and a specific local policy, and NDMPs are relevant considerations but not in conflict, as part of a planning judgment, it will still be for the decision maker to decide how much weight is afforded to those different policies based on their relevance to the proposed development. The precedence clause sets out only what should be done in the event of a conflict between policies and where they contradict one another. We do expect such conflicts to be limited in future because of the more distinct roles that national and local policy will have. In response to questions asked by many hon. and right hon. Members, I can assure the House that we will be consulting further on how that will operate. My right hon. Friend the Member for Aldridge-Brownhills asked: what does the provision mean when it says the Secretary of State can act urgently? I reassure her that that refers to very limited circumstances such as the unprecedented situations that we saw during the pandemic. It is envisaged that that provision would be used only in those sorts of urgent and emergency situations.

There has been much debate about the role of district councils in the future combined county authorities. I have definitely heard the points that colleagues have made. We do value the amazing work that is done by district councils. I wish to thank my own district council—Redditch Borough Council—for the incredible work that it does. I know that Members have thanked their own local authorities. I listened very carefully to the points made by my hon. Friend the Member for Mansfield. It is right that we want devolution to work and the voices of those district councils are really important. The Under-Secretary of State, my hon. Friend the Member for Redcar (Jacob Young), has been very clear in his discussions that we are encouraging potential areas to consider how best to involve district councils—they make a unique contribution—in recognition of the role that they play, without holding up those important devolution arrangements.

I have been struck by the number of colleagues who have talked about remote meetings and challenged the Government’s position on that. It is the Government’s view that face-to-face democracy should remain in place and that physical attendance at meetings is important, not just to build strong working relationships, but to deliver good governance and democratic accountability. It is clearly right that councillors are regularly and routinely meeting other councillors in person and that members of the public can ask questions in person. Some of these measures were brought in during the pandemic. Now that the pandemic has passed, it is right to consider reversing those and getting back to that face-to-face democracy. However, we are looking at a call for evidence on this matter and we will publish the results of that as soon as possible.

[Sir Peter Bottomley]

It seems to me that it would be a good idea to consult parish councils in particular and to have a debate in the House of Commons when the Government have had their responses. For the Government to say what their view is, is one thing. For Parliament, which gives powers to authorities, to decide we do not want to tell them how to discuss using those powers is another. Those authorities are limited by the powers. In my view, they should not be limited in how they discuss them.

[Rachel Maclean]

I thank the Father of the House for those comments. I can assure him that the Government are carefully considering his points, and those made by other colleagues.

I turn to rural-proofing and the vital role of rural areas—a point made by a number of colleagues, particularly my hon. Friend the Member for Buckingham. He asked how we will make sure that we abide by our commitments to rural-proofing in the Bill. I wish to be clear that we are fully behind the objectives to make sure that rural areas benefit from our levelling-up agendas. We want to make sure that the needs of people and businesses in rural areas are at the heart of policymaking, including through rural-proofing. The report that we published early last year demonstrates that we are making real progress on all sorts of issues, including digital connectivity and action to tackle rural crime.

My hon. Friend also asked about the use of agricultural land for food production—again, an issue close to the hearts of many of us who represent rural areas. The Government agree that we must seek to protect our food production and rural environments, and we will publish the consultation response on that issue very shortly.

--- Later in debate ---

[Dr Fox]

I hate to take my hon. Friend back to my earlier question, but she has not answered it. Until we get a new NPPF, planning inspectors will refer to the previous one, and that leaves the option open to them to make decisions that are not in line with the legislation. Will the Minister give guidance to planning inspectors now that in the interim, until the new NPPF is in place, they must take account of what is in legislation passed by the House, rather than referring to the previous NPPF? Otherwise, we will find ourselves in the perverse position where local authorities can give permission to developments that are against what the Government are proposing on areas such as the five-year land bank and housing targets. We cannot allow ourselves to be politically exposed like that. This is a party that wants to win a general election and that expects Ministers to give direction to the planning inspectors.

[Rachel Maclean]

I assure my right hon. Friend that I heard his remarks and concerns. Until we have published the response on the NPPF, it is not possible for us to give directions to the planning inspectors in the way that he has asked. He will also know that the Planning Inspectorate has to work within the framework policy and the legislation of the time. It is important to set out that local areas must get their local plans in place, and I hope that his local area is doing so. That is the best way to ensure that it delivers houses that command the consent of his constituents, for whom he is advocating superbly.

The Bill addresses the entrenched disparities that exist across the United Kingdom, backed by billions of pounds-worth of funding, including, I must add, for Scotland. The hon. Member for Airdrie and Shotts (Ms Qaisar), who spoke for the Scottish National party, was a little ungenerous in her remarks, so I want to land with her the significant investment that this Government are making in Scotland—I think the figure is £394 million—to boost communities across the country.

This Government set clear long-term objectives for levelling up and are held accountable for—

[Wendy Morton]

rose—

[Rachel Maclean]

I am supposed to be winding up, but I will take one final intervention.

[Wendy Morton]

I am grateful and will be brief. During an earlier intervention, I asked the Minister for clarity on the specific question of the duty to co-operate. Can she give me that clarity before she winds up?

[Rachel Maclean]

I can confirm for my right hon. Friend that we will scrap the duty to co-operate for the reasons that she mentioned. We will consult on how we expect local authorities to work together. I urge her to work with us and to contribute to that consultation when we bring it forward in due course.

The Bill devolves powers to all areas of England, modernises the planning system and strengthens environmental protection. We have, of course, heard hon. Members’ points, which we will consider carefully as the Bill completes its passage. The Government are on the side of the builders, communities and homeowners —present and future—across our country. I commend it to the House.

Amendment (a) made to Lords amendment 117.

Government amendments (b) to (d) made to Lords amendment 117.

Lords amendment 117, as amended, agreed to.

After Clause 214

Power to replace Health and Safety Executive as building safety regulator

Amendment (a) proposed to Lords amendment 231.—(Rachel Maclean.)

Question put, That the amendment be made.

Oral Answers to Questions

Baroness Maclean of Redditch Excerpts

Monday 16th October 2023 Commons Chamber

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

4. What steps he is taking to support first-time buyers.

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

The Government have a range of schemes available to first-time buyers, including First Homes and shared ownership. The mortgage guarantee scheme helps to increase the supply of 95% loan-to-value mortgages. We have also doubled the threshold at which stamp duty land tax becomes due to £250,000, and expanded first-time buyer relief.

[Chi Onwurah]

In West Fenham recently, Mr and Mrs Joyce told me how their daughter and prospective son in-law had lived with them for five years while they tried to realise their dream of home ownership. Even after saving a deposit, the failure of the Minister’s Government to build houses meant that they were constantly outbid on the few homes available. Labour has set out plans to get Britain building again. Will the Minister match our ambition, or is living with the in-laws the new Tory dream?

[Rachel Maclean]

The hon. Lady asks whether we will match Labour’s ambition. I have news for her: from what I picked up from the Labour party conference, it announced the same targets that we are getting on with. I draw her attention to the fact that more than 860,000 households have been helped to purchase a home since spring 2010, through Government-backed schemes including Help to Buy, Right to Buy and First Homes.

[Anthony Browne (South Cambridgeshire) (Con)]

I welcome the new “young” Minister to his post. I want to attach myself to tributes to his predecessor, my hon. Friend the Member for Bishop Auckland (Dehenna Davison), who is sitting next to me.

Last week, a freedom of information request showed that the Lib Dem-Labour controlled Greater Cambridge Partnership, which handles city deal money in my constituency, spent £4.7 million developing plans for a congestion charge that was then dropped because it was opposed basically by everyone. It also spent £16.5 million on the Cambridge South East Transport bus route, also now dropped, and £18 million on new car parks, none of which are actually open. That is a total so far of £160 million on transport projects, and virtually none of them functioning. It is now asking the Government for £200 million more. It is no wonder that in Cambridge and South Cambridgeshire, people think that the Greater Cambridge Partnership is unelected, unaccountable and a waste of public money. Does the Minister agree that we have to ensure public value for money? Will he meet me to talk about the details?

--- Later in debate ---

[Aaron Bell (Newcastle-under-Lyme) (Con)]

13. What steps his Department is taking to protect green spaces.

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

Through the Levelling Up Parks Fund we have made available £9 million for local authorities in areas of high deprivation to create or significantly refurbish green spaces. The fund also includes the planting and maintaining of trees and encourages projects to work towards green flag award status.

[Andrew Jones]

I thank the Minister for that answer. What steps is she taking to ensure that proposed sites for housing that are completely unsuitable for reasons of biodiversity or lack of access or proximity to a site of special scientific interest are not taken forward and built upon? Although this is a national, not local, question, I am thinking particularly of a contentious application on Water Lane in Knaresborough, which has previously been refused.

[Rachel Maclean]

My hon. Friend will, I hope, understand that I cannot comment on that specific case or situation, but it is really important that local authorities make decisions according to their local plans, as my right hon. Friend the Secretary of State set out earlier. If local authorities have a plan in place, it allows them to set out where they would like to see development that benefits their natural environment take place.

In England, we have also set out that from January 2024 biodiversity net gain will apply to mitigate the impact of major development. That requires developers to deliver 10% biodiversity net gain.

[Robbie Moore]

In 10 days’ time Bradford Council is likely to give the green light to yet more houses to be built in Silsden on valuable green space. If approved, the additional 140 houses will follow many hundreds of houses currently being built in Silsden, and many more are awaiting planning approval. Silsden’s infrastructure simply cannot cope. Does the Minister agree that Bradford Council should prioritise Silsden’s infrastructure first, rather than seeing the area as a quick win for achieving its housing targets?

[Rachel Maclean]

My hon. Friend is completely right. As ever, he champions his constituents over the actions of Labour-run Bradford Council, which obviously has a detrimental impact on his constituent’s lives. Local authorities have an obligation to spend section 106 receipts in line with the purpose for which they were agreed, for exactly the reasons he gives. We are committed to introducing new measures through the Levelling-up and Regeneration Bill that will give greater certainty to local communities about the infrastructure that will be delivered in their area.

[Aaron Bell]

Newcastle-under-Lyme is going through its local plan process at the moment. I welcome the fact that the Conservative-led administration has reduced the overall number of new homes to 7,000, from the 11,500 in the previous, Labour-led local plan, which would have carpeted over our green spaces, as the Leader of the Opposition seemingly wants to do everywhere. Nevertheless, some people are unhappy. Would the Minister join me in urging the council in its next draft to further prioritise brownfield development, which is the key to regeneration?

[Rachel Maclean]

I can assure my hon. Friend that it is the Government’s policy to strongly encourage local authorities to make the most of brownfield land first, especially for new homes. It is right that if local authorities want to alter a green belt boundary, they have show exceptional circumstances. We Conservatives believe in preserving our green spaces, and it is interesting to hear the proclamations from the Opposition. I will be very interested to see whether they propose concreting over the green spaces surrounding their own constituencies.

[Jim Shannon (Strangford) (DUP)]

I chair the all-party parliamentary group for healthy homes and buildings. We have undertaken an inquiry and sent the report through to Ministers. The recommendations from that were clear: while it is good to have healthy, energy-efficient homes, it is really important to have green space around those houses. Has the Minister had an opportunity to read the report from the APPG? If not, I will ensure that she gets a copy, and I hope that she will then come back to me on the recommendations.

[Rachel Maclean]

I thank the hon. Gentleman so much for his comments, and I would be delighted to read the report from his APPG and respond to him. I fully agree with his broader point that green spaces are vital for mental health and wellbeing, as well as physical health.

[Mark Eastwood (Dewsbury) (Con)]

8. What steps he is taking to help ensure the delivery of projects supported by the Towns Fund.

--- Later in debate ---

[Andrew Jones (Harrogate and Knaresborough) (Con)]

I have been running a “fair deal for new estates” campaign in my constituency to ensure that new estates are completed in a timely manner. I am talking about not just the housing, but the play areas, the planting, the drainage and the pavements. Will my hon. Friend meet me to discuss this campaign, which is important locally and is achieving progress for residents in Harrogate and Knaresborough?

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

My hon. Friend is doing an excellent job in raising the concerns of his constituents on the Floor of the House. I know that those concerns are also raised with many other colleagues. That is why, in the Levelling-up and Regeneration Bill, we are strengthening planning enforcement powers, including powers to tackle uncompleted developments. I hope his constituents will welcome that, and I would be pleased to meet him and discuss it in more detail.

[Mr Speaker]

I call the shadow Secretary of State.

Voter Identification Scheme

Baroness Maclean of Redditch Excerpts

Thursday 14th September 2023 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

(Urgent Question): To ask the Secretary of State for Levelling Up, Housing and Communities to make a statement on the voter identification scheme.

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

We were pleased and encouraged by the first roll-out of voter identification at the local elections in England in May. The data gathered in polling stations showed that the vast majority of electors—99.75%—were able to cast their vote successfully and adapted well to the roll-out of the changes. We are grateful to local authorities and other partners for their work to deliver the change in requirements.

The Government committed in legislation to conduct an evaluation of the implementation of voter identification at the local elections in May and at the next two UK parliamentary general elections. Our intention is that the first of those reports, evaluating the implementation at May’s local elections, will be published in November 2023. Yesterday the Government published two documents that demonstrate that we are making clear progress with the evaluation, and that provide more detail on the evidence upon which it will be based. We are determined to ensure that we fully understand how the policy has operated in practice, what has gone well, and any ideas for improvement.

There are few tasks more important in public life than maintaining the integrity of our democratic processes and the British public’s trust in them. We are not just committed to doing so; we are acting to achieve that. The Government have taken seriously the important recommendations made by the independent Electoral Commission, by international electoral observers and by Sir Eric Pickles—now Lord Pickles—in his report into electoral fraud, and we have been committed in the years since to addressing what has been a staggering vulnerability in our electoral system. It was previously far too easy to commit the crime of electoral fraud in the polling station and almost impossible to detect it. I am immensely proud that we have now delivered this new process and fulfilled our manifesto commitment.

[Wendy Chamberlain]

I suspect that the Minister and I were reading different reports, because the first report cards on the roll-out of voter identification in England are out, and they are not good. The Electoral Commission’s report—the result of extensive work monitoring and analysing the recent elections—warned that disabled people and the unemployed found it harder to show accepted voter ID, as well as younger people and people from ethnic minorities. It also reported that on average more deprived areas had a higher proportion turned away compared with less deprived areas. The Local Government Information Unit reported that approximately 14,000 voters were not given a ballot paper because they could not show an accepted form of ID and significantly more were deterred from voting because of the ID requirement.

This is not just about England, because the next election is UK wide—it will affect my constituents in North East Fife. Hundreds of thousands of people risk being turned away at the next election, at a cost to the taxpayer of £120 million over the next decade, and all of that to combat levels of voter fraud that, at the last election, stood at six cases—talk about using a sledgehammer to crack a nut. A general election is perhaps no more than a year away, but it is clear from reading the reports that we are teetering on the cliff edge of a democratic travesty, not just because the roll-out of voter ID has been botched—many of us believe that it should never have been implemented in the first place—but because of the Government’s apparent refusal to listen to the concerns of members of the public and Members of this House. That was what they did in the run-up to the local elections, when take-up of voter authority certificates was pitiful and local authorities were warning that they were unprepared, and that is what the Government are doing now.

I was hugely disheartened that in both the Minister’s response and the written statement published yesterday the Government seem to be taking a stance of blindly ignoring the warning signs. So far, I see no evidence to suggest that that stance will change in the Government’s evaluation report in November. I hope that the Minister will use the opportunity to start setting things right. Will the Government ensure that the evaluation report in November is truly independent? What measures are under consideration to ensure that voters will not be turned away at the general election, as the LGIU report warns? How do the Government intend to expand the roll-out of voter authority certificates ahead of the general election, and will they expand the list of acceptable forms of identification?

[Rachel Maclean]

I thank the hon. Lady for her comments, but I remind all Members in this Chamber that we have already passed the Elections Act 2022; it passed the scrutiny of both Houses and is now law. If she refers to the debates in Hansard, she has treated us to a compilation of the Liberal Democrats’ greatest hits—and that is no surprise because, as always, they do one thing and say another. If she is so opposed to the principle of electoral identification and photographic identification, why did her party support its introduction in Northern Ireland? At that time, the Liberal Democrat Front-Bench spokesperson told Parliament that

“we accept the need for a Bill… The Liberal Democrats…welcome the Government’s intention to introduce an electoral identity card”—[Official Report, 10 July 2001; Vol. 371, c. 705-707.]

That legislation passed Second Reading without a vote. If we separate the points of substance and process from re-running the battles of the past, of course we take the recommendations of the independent Electoral Commission extremely seriously, as we set out in detail in the report and as I set out in my remarks earlier.

[Sir Peter Bottomley (Worthing West) (Con)]

The Minister has rightly distinguished the political from the practical. The Electoral Commission itself recommended photographic ID, and it has now come forward with other comments.

We must recognise that the biggest deficit is the inadequacies in the completeness of the electoral roll, and the fact that one third of people do not vote in general elections and up to two thirds do not vote in local elections. We ought to spend as much time on that issue as we do on this.

We ought to consider the suggestion of attestation, where someone in a household who does not have voter ID can have their identity attested by a person in the same household who does. Perhaps neighbours ought to be able to do that, and other people with some kind of standing in society might be able to do the same thing for people who find they cannot vote on the day. It seems to me that we can improve what we have without throwing out the whole system of photographic ID, which, as the Minister has said, was supported by all parties when it was first brought in for Northern Ireland.

[Rachel Maclean]

I thank my hon. Friend the Father of the House for those very sensible and proportionate comments. He is right that, as political parties, we all have a responsibility to ensure that our constituents and those voters take part in our democratic process. That is what this process is about. I am afraid that the kind of scaremongering comments that we have just heard from the Liberal Democrats, and that no doubt we will hear from all the other Opposition parties, are damaging the important cause that we all stand behind: ensuring the safety of our precious democracy, which now more than at any other time could potentially be at risk. I am proud to be part of a Government who are taking sensible steps to protect our democracy from the kind of interference that we all fear could happen in this day and age.

[Mr Speaker]

I welcome the shadow Minister.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

Thank you, Mr Speaker. I echo the concerns raised by the hon. Member for North East Fife (Wendy Chamberlain) in her urgent question and by the Father of the House in his sensible remarks. The Minister should be promoting confidence in our electoral system and concentrating on getting the millions of people who are not registered to vote on to the register. Instead, she has tried to pull the wool over our eyes this morning by presenting the Electoral Commission’s report as a ringing endorsement of her Government’s dangerous policies.

The reality is far from that. This extremely concerning report brings into sharp focus the consequences of the Tories’ failed photo ID regulations. By introducing such strict regulations, against the advice of experts and equality groups, the Conservatives have snatched away the ability of legitimate voters to have their say on services and society. One former Minister, the right hon. Member for North East Somerset (Sir Jacob Rees-Mogg), admitted that this partisan scheme was designed to rig the rules and lock voters out of democracy. The Minister claims that she is concerned with protecting our democracy, so will she agree to the entirely reasonable Electoral Commission reforms and the widening of the list of ID that people can use to vote, or will she commit to introducing a vouching rule for those without voter ID?

Given that the Electoral Commission said that the rules risk widespread disenfranchisement at the general election, will the Minister commit now to publishing the evidence to prove the commission wrong? That should not be a problem if she has nothing to hide.

Is the Minister concerned by the watchdog’s findings that the laws could have a disproportionate impact on people from minority ethnic backgrounds? When the independent review concludes, will she commit to making a statement to the House?

[Rachel Maclean]

May I take this opportunity to warmly welcome the hon. Lady to her place and to thank her for her comments? On the substantive, non-political points that she made, I have been extremely clear, and am happy to repeat the assurance, that we are working carefully with the independent Electoral Commission, which itself recommended the introduction of photographic ID to safeguard our precious democracy. We are looking at all its recommendations. We will, of course, naturally come forward for scrutiny when the findings are published, as we do as a matter of course.

On the substantive point, is the hon. Lady really saying that the Labour party will repeal the Elections Act should it come into government? What exactly has the Labour party done to raise confidence among Labour voters? Or is this just a case of Labour Members standing on the sidelines making shrill, scaremongering claims? Time and again, Labour has made such claims ahead of the sensible and proportionate pilot schemes that we have rolled out, but none of the things that Labour Members have warned about has happened—[Interruption.] Perhaps she would like to listen to my remarks.

The new shadow Secretary of State for Levelling Up, the right hon. Member for Ashton-under-Lyne (Angela Rayner), warned of shortages of electoral staff, lack of venues and funding uncertainty ahead of the local elections in May 2021. The Mayor of London, Sadiq Khan, warned that elderly people and ethnic minorities would not visit polling stations. None of those things has happened. The Electoral Commission—[Interruption.] Opposition Members are chuntering from sedentary positions, but perhaps they should listen to the words of the independent Electoral Commission—not my words—which found that

“the polls were delivered safely and successfully”,

and that changes put in place by the UK Government, the commission and electoral administrators helped to “support and reassure voters” and campaigners.

I think it important to make this final point. The hon. Lady talks about ethnic minorities being disenfranchised and discriminated against, but we know from the type of heinous behaviour that we saw in Tower Hamlets and Birmingham that ethnic minority voters are most disenfranchised and disadvantaged by not having security in our elections.

[Bob Blackman (Harrow East) (Con)]

The crime of personation has been notoriously difficult to prove. We have functioned on the basis of trust that people who go to the polling station are who they say they are. The sad reality is that when I was elected in 2010, we found after the election that scores, perhaps hundreds, of people who had voted in my constituency were actually abroad at the time. The police refused to do anything about it. People impersonated those voters. I do not how they voted, but clearly those votes were stolen from people. Voter ID ensures that that sort of activity cannot happen. Will my hon. Friend also take up the issue of postal and proxy voting to ensure that their proper policing is integral to our system?

[Rachel Maclean]

My hon. Friend is totally right. The suggestion from the Opposition parties is that we should just wait and see whether something bad happens, and then take action. That is the wrong way to go about safeguarding our democracy, which we should all be proud of. He makes the extremely valid point that it is impossible to detect impersonation. When it has been detected, such as in Tower Hamlets and Birmingham—the Opposition do not like me mentioning it—people have been taken to court and found guilty of these offences. He is also right to raise the issue of postal and proxy voting, and he will know that we are commencing provisions to safeguard some of those processes, which is the right thing to do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Patrick Grady (Glasgow North) (SNP)]

The incredibly hard-working team at the Electoral Commission are far too polite to say, “We told you so,” but that would be a pretty easy way to sum up most of what is in this report. Practically every concern about the introduction of photo ID that was raised during the passage of the Elections Bill has been borne out in the by-elections and local elections that have taken place since it became law.

The Government say that they want to increase democratic participation and not suppress turnout among minority and disadvantaged communities, but the evidence suggests that that is exactly what is happening—fewer votes from sections of society that it just so happens are less likely to vote Tory. What steps will the Government take in advance of the general election to remove barriers to voting established by the Elections Act 2022? Will they expand the list of acceptable ID? Will they make sure that, as the Father of the House suggests, people can vote on polling day through attestation? Will they make sure that the Electoral Commission and local authorities are properly resourced to fulfil their functions? They already have to deal with boundary changes and polling district redraws, and now they have to deal with the Elections Act. Will the Government look to Scotland as well, where with votes for 16 and 17-year-olds, refugees and EU citizens, we are seeking to expand, not restrict, the franchise?

[Rachel Maclean]

I am not sure that the hon. Gentleman listened to the response that I have given multiple times, but I am happy to repeat it, in case he was reading his brief at the time. We are working with the Electoral Commission on all the recommendations it has made. It made several recommendations, and we are looking closely at them. I hope that we all share the same objective of making sure that this change is rolled out successfully.

If the hon. Gentleman does not like our proposals—I am sure he does not, because he wants to break up the United Kingdom—could he explain why they are working so well in Northern Ireland? The incredibly hard-working people, as he puts it, from the Electoral Commission have observed there:

“Since the introduction of photo ID in Northern Ireland there have been no reported cases of personation. Voters’ confidence that elections are well-run in Northern Ireland is consistently higher than in Great Britain, and there are virtually no allegations of electoral fraud at polling stations.”

Why is it perfectly acceptable for us to listen to the Electoral Commission in Northern Ireland, England and Wales but not in Scotland?

[Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)]

One of the problems was that people took ID that had run out, such as driving licences and passports. Does the Minister agree that if a document has recently run out, as long as it has a photograph of the person, it is admissible? Furthermore, could the amount of ID that can be shown be broadened slightly, so that people have a bit more choice in what they can use?

[Rachel Maclean]

I thank my hon. Friend for his suggestions. It is right that we look at all the practical barriers that have been encountered at polling stations. That is why we are working closely with the sector to listen to its feedback and to representations from civil society, disability charities and others. We know that where voter identification was trialled in pilots, the proportion of people who agreed that electoral fraud was not a problem increased from 13% to 32%. We know that most people were able to vote successfully in both the pilot and the last local elections, but it is right to look at all the details, and we will be doing so, in line with the Electoral Commission’s recommendations.

[Andrew Gwynne (Denton and Reddish) (Lab)]

If we are to have voter ID at the next general election, which we will, will the Minister seriously look at extending the amount of ID that is acceptable? It is unfathomable that a concessionary bus pass is acceptable, but an 18-year-old’s bus pass is not.

[Rachel Maclean]

I would like the hon. Gentleman to look carefully at the eligibility for 18-year-old Oyster cards and 60-plus Oyster cards, because they are different. Eligibility for the 60-plus card involves significantly more requirements, including a passport or driving licence. Of course, when we try to expand the forms of identification that can be used, we are going to say yes in some instances and no in others if the eligibility is different.

[Martin Vickers (Cleethorpes) (Con)]

Despite what we are hearing from Opposition Members, my experience at the local elections in May was that when people were turned away, they did indeed return. They are used to providing identification when dealing with so many other services, and they found it quite acceptable. We need to recognise that the public at large are very supportive of the policy, but echoing other comments, could the Minister give an assurance that the postal vote system will be thoroughly examined? There are genuine causes for concern about that system.

[Rachel Maclean]

My hon. Friend makes an accurate observation, and he is right that the vast majority of the general public support the policy. I remind Opposition Members that we were elected on a manifesto commitment to introduce these measures. They have been thoroughly debated in both Houses and have received very serious parliamentary scrutiny. Opposition Members are asking the same questions that they have asked time and time again, and I remind them that prior to the introduction of this policy, it was harder to take out a library book or collect a parcel from a post office than it was to vote in someone else’s name. This Government do not agree that that is an acceptable state of affairs in Great Britain today, and I find it quite astounding that members of Opposition parties do.

[Wera Hobhouse (Bath) (LD)]

If we as a country truly value democracy, it should be in the interests of the state that as many people as possible vote, rather than deliberately turning them away as this Conservative Government have done. Since the Minister has chosen to attack the Liberal Democrats’ legitimate concerns rather than answer questions, I will start again and ask her to answer a specific question: what measures are under consideration to ensure that voters will not be turned away at the next general election?

[Rachel Maclean]

For the hon. Lady’s benefit, I will repeat the specific answers I have already given. We know that the vast majority of people were able to vote successfully, so I have nothing to do other than remind her that the Liberal Democrats, of which she is a member, supported the introduction of photographic identification in Northern Ireland. It is quite astonishing to me that the Liberal Democrats continue to oppose introducing sensible measures in England that they supported and voted for in Northern Ireland, which is part of our United Kingdom.

[Richard Burgon (Leeds East) (Lab)]

On the day of the local elections, I remember knocking on the door of a constituent who told me that she usually votes, but was not going to because she realised that she did not have the necessary voter ID. That broke my heart: her democratic rights, which she has exercised time and time again, were taken away, and of course she will not appear in that figure of 14,000 people who were turned away.

The Electoral Commission says that ethnic minorities and unemployed voters were more likely to be turned away at the polling station. When we show our constituents around this House, we talk about the struggle for the universal franchise. Let us remember that the establishment that the Conservative party represents did not want women or the working class to have the vote. Will the Minister reflect on our journey towards increasing participation in democracy, and on how this rotten arrangement is robbing people of their hard-won democratic rights?

[Rachel Maclean]

I will respond to that by asking the hon. Gentleman to reflect on his comments. Is he seriously suggesting that the introduction of photographic identification is not suitable? Does he seriously think that it should be harder to take out a library book than to vote in his constituency today? If he is seriously suggesting that, that—more than anything else—gives us evidence that the Labour party is in no way ready for government. It is not a serious party: it does not take seriously the threat to our democracy from international actors, and would do nothing to tackle the very real issues experienced by ethnic minorities in Tower Hamlets and Birmingham, who are being systematically disenfranchised by the corrupt practices of certain people in their local areas.

[Jim Shannon (Strangford) (DUP)]

I might be a lone voice on the Opposition side of the Chamber, but I reinforce what the Minister has said. The electoral voter ID system for Northern Ireland has been a tremendous success, as is proved at every election. It shows that the system can work.

A short time ago, along with my chief of staff, I visited the Electoral Office for Northern Ireland to be constructive and suggest how we could perhaps do some things better. The Electoral Commission is agreeing to set up hubs across Northern Ireland constituencies, giving people the opportunity to get their voter IDs in person. That has not always been possible in areas of my constituency, so I welcome that commitment, which will be announced, I understand, in early October. Will the Minister consider something similar for the United Kingdom so that everyone can have the advantage of getting their voter ID in person in their own constituency?

[Rachel Maclean]

I thank the hon. Gentleman for sharing his really practical and useful wisdom from the policy that has been rolled out in Northern Ireland—a valued part of our United Kingdom—where it has been working very well for many years. I note that a much smaller list of documents is used in Northern Ireland and that that has worked effectively. In the Electoral Commission’s recent 2021 public opinion tracker survey, not a single respondent from Northern Ireland reported that they did not have ID and had found themselves unable to vote.

Of course, we must always look at the sensible and practical recommendations from the Electoral Commission. We will continue to do that. Before this roll-out, we put a significant amount of investment into working with civil society and charities. We have made funding available for communications campaigns. It is just a shame that the Labour party and Liberal Democrats did not take the opportunity to amplify our messages among their own constituents. We all have a shared responsibility in this place to amplify messages and communicate effectively, particularly to ethnic minority and disabled voters. I know that is what I did ahead of local elections; I wonder what they did.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Has my hon. Friend the Minister received representations from any colleagues in the House, particularly from Opposition parties, about the arrangements for voter ID in Northern Ireland? After all, those were introduced by the Labour Government of the time and the arrangement is used by Labour at its own internal elections.

[Rachel Maclean]

My hon. Friend is absolutely spot on, as always. If Labour Members now think that voter identification is so wrong, why are they not campaigning to repeal their own laws? Why should electoral fraud be tolerated in Great Britain but not in Northern Ireland? Do they really believe that most European countries, which require voter ID, engage in so-called voter suppression? They seem to want to take us back into the European Union across all areas of policy; perhaps this is their latest ploy to take us back into the EU.

[Kirsten Oswald (East Renfrewshire) (SNP)]

For all the bluster that the Minister is deploying, I am not sure that we are any clearer about what she actually thinks. A minute ago, she referred to “international actors”. Which international actors are pretending to be Mrs McGlumpher from the high street, trying to vote? She is deploying a ridiculous argument. The reality is that the Electoral Commission’s research has shown that younger people, ethnic minorities and unemployed people were all disproportionately disenfranchised by voter ID. Those are, of course, all demographic groups less likely than others to vote Tory. Does the Minister understand that those of us looking at the issue with a perspective different from hers think that rather than safeguarding democracy, as she would suggest, it looks very much like voter suppression—“If you can’t persuade them, don’t let them vote”?

[Rachel Maclean]

No, I do not understand a single thing that the hon. Lady said, which is hardly surprising from the nationalists across there. She thinks this is voter suppression; her party is so keen to break up the United Kingdom and rejoin the European Union, but this is standard practice across the European Union in all manner of elections. The fact that the hon. Lady cannot take seriously the threats to our democracy shows the lack of seriousness that the Scottish National party—[Interruption.] She does not like what I am saying and is chuntering from a sedentary position, but perhaps she ought to listen to a serious Government about the serious actions we are taking.

[Andrew Western (Stretford and Urmston) (Lab)]

The Government have committed to an independent review of their voter ID changes. Can the Minister tell us who will conduct that review and what its terms of reference will be? If she is not in a position to do that today, can she confirm when she will be able to share that information?

[Rachel Maclean]

We will make further statements on that process in due course, and we will be subject to the usual parliamentary scrutiny.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Following on from the question of my hon. Friend the Member for East Renfrewshire (Kirsten Oswald), the Minister’s answers have taken sophistry to new levels. She said that 99.7% of voters were able to vote, but that is only of those who turned up to vote, and many will not have bothered to try and vote. The Government knew that young people, ethnic minorities and the unemployed would be disproportionately affected but they did it anyway. Incidentally, having tried to apply myself, I can attest to the fact that the Scottish young person’s concessionary travel card requires a lot more proof of ID than the London Oyster card for young people. Will she just admit that this Government’s version of voter ID is blatant antidemocratic gerrymandering?

[Rachel Maclean]

It is right that I put on record once again that everybody can vote across the UK. The methods that have been introduced are free methods available to everybody. On the hon. Gentleman’s other points, I actually take his comments as a compliment and refer him to my previous remarks.

High Street Heritage and Conservation Areas

Baroness Maclean of Redditch Excerpts

Wednesday 13th September 2023 Westminster Hall

[The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)]

It has been a pleasure and a privilege to listen to this fantastic debate. As a midlands MP myself, it has made me just that little bit more proud of the heritage that I share with colleagues here—as well as with Milton Keynes and, of course, Strangford across the water in Northern Ireland. There is always a lively debate about where exactly the Black Country ends. I am often asked whether there are any bits of Worcestershire in the Black Country—perhaps we will discuss that outside the Chamber.

It is right that I start by congratulating my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) on securing the debate, which has shone a light for us all on the diligent work that he does day in, day out on behalf of his constituents. It has also shown his deep knowledge of his area. As he said himself, although he was not able to rely on some established processes to contribute to the consultations he mentioned, he could draw on a lifetime’s experience of living and breathing the streets of Stoke-on-Trent South.

Like my hon. Friend, the Government want our high streets to be restored to their former glory, as the beautiful, beating hearts of our communities where people can come together to socialise, shop, work and run businesses in safe and attractive surroundings. The reality is that many of our high streets are struggling—they are blighted by boarded-up shops and antisocial behaviour—but we are determined to break the cycle of decline. We have already started to do so, working side by side with local leaders to achieve our shared goals. Transforming dying high streets back into vibrant places to live, work and socialise is central to our levelling-up agenda, and that will be the litmus test for our success.

Today’s debate is crucial to our better understanding what more needs to be done to protect and rejuvenate crucial civic centres, which are rightly cherished by communities up and down the UK. There is no better example of best practice than those that hon. Members shared of the historic ceramic industry and pottery towns of Stoke-on-Trent, which are backed by the Conservative Government. I will turn to the specific points raised by hon. Members at the end of my remarks. The truth is that, in stark contrast to what the hon. Member for Luton North (Sarah Owen) just said, we have success stories all over the country, backed by billions of pounds of funding from the Conservative Government.

Even with the massive challenges that have emerged in recent years—the exodus to online shopping and the impact of the pandemic—people still very much care about their high streets, as we have heard from all the speakers in the debate. High streets are central to people’s sense of local pride and belonging; they are the iconic thing that people focus on. When we ask, “What does levelling up mean to you?”, concern about the high street comes up time and again.

Let me talk about some of the actions that we are taking to reverse some of the issues that hon. Members have rightly identified. Our ambitious Levelling-up and Regeneration Bill will help to tackle the growing problem of empty shops on high streets, which fuels the feeling of decline, through high street rental auctions. Those will empower local authorities to address long-term vacant properties. Landlords will be required to rent out persistently vacant high street commercial properties to new occupants, or face the local authority’s stepping in and putting the lease up for auction.

My hon. Friend the Member for Stoke-on-Trent South may be aware that, on 27 March this year, the Secretary of State for Levelling Up, Housing and Communities announced that £2 million would be made available by the antisocial behaviour action plan to support communities and businesses to bring such derelict properties back into use. That vital funding will cover the cost of refurbishing properties, the cost of the auction and the council’s fees, and will enable doors to open again for rapid occupation. High street rental auctions will breathe new life into our much-loved high streets, and the funding will do just that by empowering communities to take control and restoring pride in place.

As my hon. Friend noted, local planning authorities have powers under section 215 of the Town and Country Planning Act 1990 to serve notices that require owners to take steps to clean up their land where it is adversely affecting the amenity of an area. The power applies to both land and buildings, and it is an important tool for local planning authorities, alongside other powers, such as repair notices in respect of listed buildings or dangerous structure notices.

[Marco Longhi]

Today’s debate has been about how we look after our high streets, and one of the best ways of keeping heritage buildings going is just keeping them going. Unfortunately, a number of buildings require extra protection, and there is a pattern, up and down the country, of buildings suddenly becoming vulnerable to arson attacks, and then demolition, when they are either sold or not used as much. The Minister will know why I make that point.

As we are talking about enforcement, one way that we could, perhaps, afford extra protection to such buildings is through the listing process. When an application for listing is made in England, there is no protection until the full process is undergone and a decision is made to protect the building. In Wales, when an application to list is made, temporary provision is made immediately, and then a final decision is made about whether to give full protection. Will the Minister consider that, and perhaps suggest it to the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Bishop Auckland (Dehenna Davison)? Will she also consider increasing penalties where there is clear evidence of arson and misuse of property?

[Rachel Maclean]

I thank my hon. Friend and commend him for all the work he is doing on behalf of his constituents, who I know used to be regulars at the Crooked House pub. We have all watched the situation there with great concern. I will take his ideas seriously and look at what more we can do; I thank him for those proposals.

We have seen some transformational examples of section 215 powers being put to good use for formerly vacant industrial sites, town centre street frontages, rural sites and derelict buildings, as well as more typical rundown residential properties and overgrown gardens. Local authorities have powers to undertake clean-up works themselves, the cost of which they are empowered to recover from the landowner.

My hon. Friends have called for use classes to be made simpler and more straightforward. My hon. Friend the Member for Stoke-on-Trent South will know that the class E use class includes a broad and diverse range of uses suitable for a high street or town centre, including shops, restaurants, cafés and offices, as well as health centres and gyms. It also allows for new uses that may emerge in a town centre. The use class applies to buildings in conservation areas and to listed buildings, but unfortunately planning permission is still required for any external works in those areas. We always keep use classes under review, and I am sure it is right that we continue to explore where we may be able to assist my hon. Friend in achieving the objectives he outlined. My hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) made the point that people like to visit properties in heritage areas, whether they are pop-up cafés or restaurants. That is a vital point.

I am also sympathetic to the frustrations of my hon. Friend the Member for Stoke-on-Trent South with the implementation of local conservation areas and the boundary lines. I know that he has already taken that up with the local planning authority. I remind the authority that it is duty-bound to review past designations to determine whether former or new areas should be considered to be within the boundary. Planning authorities are responsible for delivering conservation area appraisals, which should be kept up to date.

One of the central policies that we have to enable Stoke-on-Trent to reach its flourishing potential even more than it is at the moment is the Office for Place, which my hon. Friend mentioned. I am thrilled that that newly created arm’s length body will be located in Stoke-on-Trent, because it gives me the perfect opportunity to arrange a visit and to have oatcakes with cheese, bacon, red sauce and maybe even brown sauce—let’s try them all and see which we prefer. Of course, the vision is to support the creation and stewardship of a beautiful, sustainable, popular and also healthy place, so perhaps we should have a small oatcake.

There could be no more appropriate home town for the Office for Place than Stoke-on-Trent—the city’s name in Old English means “place”. We have heard the city’s proud heritage and its chance for a prosperous future so passionately and clearly articulated. The levelling-up funding going into the Crown Works is just one part of taking that heritage into a new area. I understand that the Office for Place chair, Nicholas Boys Smith, who is a leading expert in the country, has already met my hon. Friends the Members for Stoke-on-Trent North (Jonathan Gullis), for Stoke-on-Trent South and for Stoke-on-Trent Central, and council leaders, to discuss opportunities for regeneration. He will be working closely with them to help them reinvigorate their city, moving from streets as gyratories to streets as enjoyable places to be, attracting jobs and taking advantage of the proud industrial heritage.

The Office for Place has already established its office in Stoke-on-Trent, which will benefit the city through its positive impact on the local economy and opportunities for collaboration. It is fully envisaged that it will partner with Stoke-on-Trent City Council, but of course it must also take into account the views of local MPs, who have a broad vision, as my hon. Friend the Member for Stoke-on-Trent South said so well.

My understanding from colleagues in the Department for Transport is that they are still working with Stoke-on-Trent City Council to deliver the transforming cities fund programme, including proposals at Longton station. I encourage my hon. Friend—if he needs encouragement —to continue his lobbying efforts with the Department for Transport.

There has been a lot of discussion of high street heritage action zones. The championship that Members present have shown on behalf of their constituents, who both work in and appreciate the ceramics industry now and in the past, is just exceptional. We all agree that restoring our high streets must include protecting our heritage. The Government remain steadfast in our commitment to doing that, which is why we are investing tens of millions in regenerating historic buildings on high streets and in town centres across England through our future high streets fund. Meanwhile, social enterprises, community groups and charities reusing heritage buildings on high streets and in town centres have been supported through the £15 million made available via the Architectural Heritage Fund’s transforming places through heritage programme.

That programme is benefiting local people and businesses. For example, the historic Drapers’ Hall in Coventry has opened its doors once more following funding from the scheme as a successful arts venue. Meanwhile, through the £95 million high street heritage action zones programme, we are driving the regeneration of 67 towns and cities, transforming historic buildings and streetscapes. More funding is coming on top of that thanks to the additional £930,000 investment made this year by the Department for Culture, Media and Sport to support existing high street heritage action zone projects.

I was delighted, as always, to hear from my friend the hon. Member for Strangford (Jim Shannon)—it has been too long. It reminded me what a wonderful time I had in his constituency. I really valued his tribute to the Union of our beautiful islands, to the royal family, and to moving forward together on our cherished heritage. I strongly agree with my hon. Friend the Member for Stoke-on-Trent Central that we should show ambition for the future, for our children and grandchildren, in terms of our culture and heritage.

My hon. Friend the Member for Stoke-on-Trent North is a huge advocate for pride in place. Together with his colleagues, he has driven exceptional, record amounts of funding, in particular into his town of Tunstall. I very much hope that the current Labour administration of Stoke-on-Trent City Council will heed his calls, and those of all his colleagues, to work constructively with the exceptional, record amounts of funding that have been put into their city by a Conservative Government who believe in the future of Stoke-on-Trent after many years of neglect. It is always a pleasure to debate the Opposition spokesperson, the hon. Member for Luton North, but I will take no lectures from her about Labour councils. I say one thing to her: Birmingham City Council.

Our high streets have been the lifeblood of our communities for generations, and we will not let them wither on our watch—far from it. Instead, we are pulling out the stops to preserve them, protecting our heritage, supporting local businesses, and helping to provide the vibrant, safe civic hubs that our communities deserve, supported by our newly established Office for Place. We have measures to support our ongoing efforts, from planning use classes to high street rental auctions, and we must work pragmatically with local leaders on some of the timescales that have been raised with me due to delays from the covid pandemic. We are laying the foundations for a brighter future by working alongside local leaders to deliver for their communities with exceptional devolution deals that transfer meaningful powers and funding to them as we level up opportunity across the country.