Higher Education and Research Bill

Viscount Younger of Leckie Excerpts

Report: 2nd sitting (Hansard - continued): House of Lords
Wednesday 8th March 2017 Lords Chamber

[Lord Mackay of Clashfern (Con)]

The amendment arises out of an observation I made when this schedule was considered in Committee. I think it was the noble Baroness, Lady Brown, who said that this was quite a serious matter.

[Viscount Younger of Leckie (Con)]

I am sorry to interrupt my noble and learned friend but I believe that the amendment is within the group we have just concluded.

[Lord Lucas (Con)]

My Lords, I believe that my noble and learned friend has the right to speak to any amendment in its place in the Marshalled List.

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Moved by

[Viscount Younger of Leckie]

137: Clause 73, page 46, line 32, leave out from “protect” to end of line 39 and insert “the institutional autonomy of English higher education providers.”

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[Viscount Younger of Leckie]

139: Clause 79, page 49, line 38, after “see” insert “—
(a) ”

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Moved by

[Viscount Younger of Leckie]

142: Clause 81, page 50, line 42, at end insert—
““the institutional autonomy of English higher education providers” has the meaning given by section 3(7);”

Higher Education and Research Bill

Viscount Younger of Leckie Excerpts

Report stage (Hansard - continued): House of Lords
Monday 6th March 2017 Lords Chamber

[Baroness Wolf of Dulwich (CB)]

I support the proposition. When we discussed the matter in Committee, the Minister said that he saw no reason why there should not be a wider range of penalties at the disposal of the Office for Students. It would be very helpful to have that confirmed in the Bill, otherwise there is the possibility of challenge of the OfS exceeding its powers if it moved to restrict the number of students in a way that would seem on many occasions entirely appropriate.

[Viscount Younger of Leckie (Con)]

My Lords, the noble Baroness, Lady Wolf, expressed these concerns in Committee, and I listened carefully to her very short speech just now. The noble Baroness, Lady Garden, and the noble Lord, Lord Watson, also spoke in Committee on the subject. This is the concern that the OfS would not have appropriate powers to restrict student enrolment at a registered higher education provider in the event of a breach of registration conditions, and would instead be compelled to either impose a monetary penalty or deregister the provider, both of which would have a negative impact on a provider’s enrolled students. It is our intention that such sanctions would be imposed only in exceptional circumstances. The OfS will operate a risk-based regulatory system, whereby any regulatory action is to be proportionate to the nature of the breach of a registration condition. The OfS will have an escalating suite of actions open to it, ranging from compliance measures, such as agreeing a support strategy with a provider or directing that certain actions should be taken, through to imposing specific ongoing registration conditions, and finally to sanctions.

The imposition of a student number control is precisely the sort of regulatory action that the OfS can use under the powers already contained in Clause 7, which allows the OfS to impose “specific ongoing conditions”. Imposing a student number control would not be to the detriment of students already studying with a provider and would help to ensure that new students who were subsequently enrolled would enjoy high-quality, suitably resourced teaching and learning. It is clearly not our intention that the OfS de-register institutions or impose monetary penalties, apart from in exceptional circumstances that merit such an intervention. We anticipate that such action would rarely be in the best interests of the student, the provider or the taxpayer. We have considered whether it would be appropriate to provide a specific power in the Bill for the OfS to impose student number controls. On balance, however, we believe it is unnecessary, as the Bill already provides the OfS with the powers necessary to limit student numbers where appropriate. With that explanation, I ask the noble Lord to withdraw his amendment.

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[Viscount Younger of Leckie]

58: Clause 24, page 15, line 27, at end insert—
“( ) Where there are one or more sector-recognised standards, an assessment under this section of the standards applied—(a) must relate only to the standards applied in respect of matters for which there are sector-recognised standards, and(b) must assess those standards against sector-recognised standards only.”

Housing and Planning Bill

Viscount Younger of Leckie Excerpts

Monday 25th April 2016 Lords Chamber

Moved by

[Viscount Younger of Leckie]

128A: After Clause 164, insert the following new Clause—
“No general vesting declaration after notice to treat
In section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration), after subsection (1) insert—“(1A) But an acquiring authority may not execute a declaration in respect of land if they have served a notice to treat in respect of that land and have not withdrawn it. (1B) In subsection (1A) the reference to an authority having “served” a notice does not include cases in which the authority is deemed to have served a notice.””

[Viscount Younger of Leckie (Con)]

My Lords, this is the first of three groups of government amendments on compulsory purchase. Although there are 90 government amendments altogether, noble Lords will be relieved to hear that I do not plan to cover all these individually. However, many are consequential and some repetition will be necessary. I shall therefore speak to them in batches, within the group.

Government Amendments 128A to 128S, from after Clause 164 to Clause 168, deal with refinements to the various methods of entry and taking possession of land, once a compulsory purchase order has been confirmed. Amendment 128A confirms in statute what practitioners have assumed the law already means: if a normal notice to treat has been served, an acquiring authority may not then execute a general vesting declaration in respect of that land. Continuing with Amendments 128B and 128C, these address the issues raised by Committee Amendment 103BAA, tabled by the noble Earl, Lord Lytton, and spoken to then by the noble Duke, the Duke of Somerset.

Amendment 128C deals with the issue of a new interest in land emerging after a notice of entry has been served. The noble Duke, the Duke of Somerset, told us, on 23 March at cols. 2447 and 2448 of Hansard of three issues that were of concern to the Compulsory Purchase Association: delay when new notices must be served; reliance on poor quality information; and the potential for the creation of ransom interests. I believe that revised new Section 11A of the Compulsory Purchase Act 1965 deals with all of these. New subsections (2) and (4) suspend any existing notices of entry until notices have been served on the newly discovered interest, but the new normal minimum notice period of three months is replaced by the later of 14 days or the date specified in any previous notice of entry. The proviso in new subsection (3) is that this truncated notice period applies only if the acquiring authority was not aware of the person because it was given misleading information when carrying out inquiries, or the land is unoccupied.

The Government believe that ransom interests will be prevented by the qualifying provision in new subsection (1)(b). This ensures that new Section 11A applies only where an authority becomes aware of an owner, lessee or occupier to whom it,

“ought to have … given a notice to treat”,

under Section 5 of the Compulsory Purchase Act 1965. Interests created after a notice to treat on the land in question has been served are not entitled to notices of their own, so they need not hinder the acquiring authority.

I turn to Amendments 128D to 128J inclusive. Clause 166 provides for a counternotice to a notice of entry to require possession to be taken on a specified date. Amendments 128D to 128J, except for Amendment 128G, are technical amendments changing the description of the person who can serve such a notice from,

“a person who is in possession”,

to,

“an occupier with an interest in”,

the relevant land. The reason for this is that the date of entry is of particular interest to the occupier, who should be in control of the process. A person, such as a freeholder, can be “in possession” without being in occupation of land.

Amendment 128G sets out circumstances in which the counternotice requiring possession to be taken will have no effect, either because the notice to treat has been withdrawn or ceases to have effect, or where the authority is prohibited from taking possession by other provisions of the Compulsory Purchase Act 1965. In the latter case, the claimant can serve a further counternotice once the prohibition ceases. Amendments 128K to 128S make changes to the New Towns Act 1981, as amended in Clause 168, corresponding to those in Amendments 128B to 128J.

Government Amendments 128T to 128V, 128Y, 128YAA, 128YAB and 142 concern the compensation provisions from Clauses 171 to after Clause 175 and mainly cater for some of the less-frequent situations that could arise following the making of an advance payment of compensation.

I will now talk to a series of amendments that protect the position of the Welsh Ministers, who have executive functions under the Land Compensation Acts. Clause 171 amends the Land Compensation Act 1961 to give the Secretary of State the power to impose further requirements about the form and content of a claim for compensation by a person whose land has been compulsorily purchased. The Welsh Ministers have executive functions under this Act, so Amendments 128T, 128U and 128V also confer this power on the Welsh Ministers. Amendments 128Y, 128YAA and 128YAB do the same thing in Clause 172, which gives the Secretary of State the power to impose requirements about the form and content of a request for an advance payment.

In this context, it is convenient to mention Amendment 142, which provides for Clause 161, confirmation by inspector, and Clause 163 with Schedule 15, notice of general vesting declaration procedure, to be commenced on different days for different areas. These provisions may need to be commenced on different days in England and Wales, as both will require amendments to existing secondary legislation, some of which is a function of the Welsh Ministers in Wales.

The remaining amendments in the group are mainly to do with advance payments of compensation. The first is Amendment 128W, which relates to compensation for losses or expenses incurred by a person as a result of a notice to treat being withdrawn. The proposed new clause in the amendment extends the entitlement to compensation to a person who has acquired the property to which the notice relates—perhaps by inheritance—before the withdrawal of the notice. This is a clarifying measure for the avoidance of doubt.

Clause 172 enables an acquiring authority to request further information from a person who has made a claim for an advance payment of compensation within 28 days of receipt of the claim. Amendment 128X completes the picture by ensuring that this provision also applies when the advance payment is to be made to a mortgagee.

Amendments 128YAC and 128YAD, and Amendments 128YAF to 128YAJ in Clause 173, amend the earliest date on which an advance payment of compensation must be made from the date of the notice to treat to the date the notice of entry is served. In many cases this will make no practical difference, because the notice to treat and notice of entry are served on the same day.

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Moved by

[Viscount Younger of Leckie]

128B: Clause 165, page 84, line 30, leave out “11A(3)” and insert “11A(4)”

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Moved by

[Viscount Younger of Leckie]

128D: Clause 166, page 85, line 22, leave out “a person who is in possession of” and insert “an occupier with an interest in”

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Moved by

[Viscount Younger of Leckie]

128K: Clause 168, page 86, line 8, before “omit” insert “in sub-paragraph (1)—
(i) in the words before paragraph (a), after “every owner of that land” insert “so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965”;(ii) in the words after paragraph (b),”

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[Viscount Younger of Leckie]

128T: Clause 171, page 87, line 28, leave out “Secretary of State” and insert “appropriate national authority”

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[Viscount Younger of Leckie]

128W: After Clause 171, insert the following new Clause—
“Compensation after withdrawal of notice to treat
(1) Section 31 of the Land Compensation Act 1961 (withdrawal of notices to treat) is amended in accordance with subsections (2) and (3).(2) After subsection (3) insert—“(3A) Where the acquiring authority withdraw a notice to treat under this section, the authority shall also be liable to pay a person compensation for any loss or expenses occasioned by the person as a result of the giving and withdrawal of the notice to treat if the person—(a) acquired the interest to which the notice to treat relates before its withdrawal, and(b) has not subsequently been given a notice to treat in relation to that interest.”(3) In subsection (4), after “(3)” insert “or (3A)”.(4) In Schedule 18 to the Planning and Compensation Act 1991 (provisions under which compensation is payable with interest), in Part 1, in the entry relating to the Land Compensation Act 1961, after “section 31(3)” insert “or (3A)”.”

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[Viscount Younger of Leckie]

128X: Clause 172, page 88, line 22, at end insert—
“(2A) In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute— “(2) Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—(a) determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and(b) if they need more information, require the claimant to provide it.””

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[Viscount Younger of Leckie]

128YAA: Clause 172, page 88, line 27, at end insert—
“(1A) In subsection (1) “appropriate national authority” means— (a) in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;(b) in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.”

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Moved by

[Viscount Younger of Leckie]

128YAC: Clause 173, page 89, leave out lines 7 to 14 and insert—
“(1A) In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have.(1B) In all other cases, an acquiring authority must make an advance payment under subsection (1) if, before or after the request is made, the authority—(a) give a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, or(b) execute a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of that land.”;”

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Moved by

[Viscount Younger of Leckie]

128YAF: Clause 173, page 89, line 38, after “52(1A)” insert “or (1B)”

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Moved by

[Viscount Younger of Leckie]

128YAJ: Clause 174, page 90, line 36, after “52(1A)” insert “or (1B)”

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Moved by

[Viscount Younger of Leckie]

128YAM: Clause 175, page 91, line 14, leave out subsection (2) and insert—
“(2) Section 52 (right to advance payment of compensation) is amended in accordance with subsections (2A) and (2B).(2A) Omit subsection (5).(2B) In subsection (9), for the words from “he disposes” to the end substitute— “(a) the claimant’s interest in some or all of the land is acquired by another person, or(b) the claimant creates an interest in some or all of the land in favour of a person other than the acquiring authority,the amount of the advance payment together with any amount paid under section 52A shall be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest acquired or the compulsory acquisition or release of the interest created.””

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Moved by

[Viscount Younger of Leckie]

128YAQ: After Clause 175, insert the following new Clause—
“Repayment of payment to mortgagee if land not acquired
In the Land Compensation Act 1973, after section 52ZD (inserted by section 172 above) insert—“52ZE Payment to mortgagee recoverable if notice to treat withdrawn(1) Where an acquiring authority have made a payment to a mortgagee under section 52ZA or 52ZB in relation to an interest in land and notify the claimant that the notice to treat relating to the interest is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant’s interest in the land.(2) Subsection (3) applies where—(a) a payment under section 52ZA or 52ZB has been registered as a local land charge in accordance with section 52(8A),(b) the whole of a claimant’s interest in land has subsequently been acquired by another person (a “successor”),(c) any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the authority take possession of the land, and(d) the acquiring authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) in relation to the interest.(3) The authority may by notice require the successor to pay them an amount equal to the amount of the payment.(4) A notice under subsection (1) or (3) must specify the date by which the claimant or successor must pay the amount.(5) The date mentioned in subsection (4) must be after the period of two months beginning with the day on which the authority give the notice under subsection (1) or (3).(6) Neither subsection (1) nor subsection (3) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.””

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Moved by

[Viscount Younger of Leckie]

128YAS: After Clause 176, insert the following new Clause—
“Objection to division of land: blight notices
(1) The Town and Country Planning Act 1990 is amended as follows. (2) In section 153 (reference of objection to Upper Tribunal), after subsection (4) insert—“(4A) Where the effect of a blight notice would be a compulsory purchase to which Part 1 of the Compulsory Purchase Act 1965 applies, the Upper Tribunal may uphold an objection on the grounds mentioned in section 151(4)(c) only if it is satisfied that the part of the hereditament or affected area proposed to be acquired in the counter-notice— (a) in the case of a house, building or factory, can be taken without material detriment to the house, building or factory, or(b) in the case of a park or garden belonging to a house, can be taken without seriously affecting the amenity or convenience of the house.”(3) In section 166 (saving for claimant’s right to sell whole hereditament etc.)—(a) in subsection (1) omit paragraph (b) (and the “or” before it);(b) omit subsection (2).”

[Viscount Younger of Leckie]

My Lords, this is the second group of technical amendments to Part 7 of the Bill. It deals with adjustments to the regime for determining disputes about the division of land—or material detriment—where the acquiring authority wants only part of a claimant’s land. In some cases, the remainder of the land—being a house, building or factory—cannot be used without material detriment and the claimant may serve a counternotice requesting the acquiring authority to take all of the land. Disputes are referred to the Upper Tribunal.

Although this is a very large group, it includes batches of up to 11 amendments, each to deal with a single topic. As there are more than 40 very technical amendments in this group and the hour is getting on, I will, if your Lordships’ House agrees, not speak to these amendments, but will answer questions about them if noble Lords have any matter they wish to raise. I beg to move.

Amendment 128YAS agreed.

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Moved by

[Viscount Younger of Leckie]

128YAT: Schedule 17, page 178, line 3, at end insert—
“1A_ This Part does not apply by virtue of a notice to treat that is deemed to have been served in respect of part only of a house, building or factory under section 154(5) of the Town and Country Planning Act 1990 (deemed notice to treat in relation to blighted land).”

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[Viscount Younger of Leckie]

128YAV: Schedule 17, page 178, line 24, after “served” insert “on the owner”

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Moved by

[Viscount Younger of Leckie]

128YAY: Schedule 17, page 179, line 11, after “11(1)” insert “on the owner”

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Moved by

[Viscount Younger of Leckie]

128YBR: Schedule 18, page 186, line 16, leave out “1” and insert “A1”

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Moved by

[Viscount Younger of Leckie]

128YBT: Schedule 18, page 186, line 24, leave out from “treat),” to the of line 29 and insert “for subsection (1) substitute—
“(1) On the vesting date the provisions of—(a) the Land Compensation Act 1961 (as modified by section 4 of the Acquisition of Land Act 1981),(b) the Compulsory Purchase Act 1965, and(c) Schedule A1 to this Act,shall apply as if, on the date on which the general vesting declaration was executed, a notice to treat had been served on every person on whom, under section 5 of the Compulsory Purchase Act 1965, the acquiring authority could have served such a notice, other than any person entitled to a minor tenancy or a long tenancy which is about to expire.””

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[Viscount Younger of Leckie]

128YBU: Schedule 18, page 186, line 34, at end insert—
“4A_ In section 12 (divided land), for “Schedule 1” substitute “Schedules A1 and 1”.”

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Moved by

[Viscount Younger of Leckie]

128YCL: Clause 179, page 93, line 8, at end insert “, and
(d) the building or maintenance work is for purposes related to the purposes for which the land was vested, acquired or appropriated as mentioned in paragraph (b).”

[Viscount Younger of Leckie]

My Lords, this is the final group of government amendments on compulsory purchase matters, dealing with the power to override easements and other rights. This power, which is currently available to local planning authorities and regeneration agencies such as the Homes and Communities Agency and urban development corporations, is extended, by means of Clause 179, to land acquired by “specified authorities”, being those which have compulsory purchase powers. I believe that none of the amendments is controversial, so I hope to deal with them in short order, if the House agrees.

Amendments 128YCL, 128YCN, 128YCP and 128YCR ensure that the powers in Clause 179 are only available where the development by a specified authority, or a successor in title, is related to the purpose for which the land was vested in, acquired by or appropriated by the specified authority. These amendments codify the judgment in Midtown Ltd v City of London Real Property Company Ltd. The Honourable Mr Justice Peter Smith held, at paragraph 47 of his judgment, that if a local authority or a successor in title wishes to rely upon the power to override in Section 237 of the Town and Country Planning Act 1990, the proposed development must be related to the planning purposes for which the land was acquired or appropriated.

Amendments 128YCM, 128YCQ, 128YCS and 128YCU to 128YCY clarify the transitional provisions that apply to those authorities which already have the power to override easements to ensure that they operate effectively. Amendment 128YCX clarifies the terminology for the determination of compensation disputes.

Government Amendment 128YCT—the so-called National Trust amendment—extends the protection in place for statutory undertakers from having their rights overridden to the National Trust. This amendment responds to Amendment 103C tabled in Committee by the noble Baronesses, Lady Andrews and Lady Parminter, who spoke to the amendment on that occasion. I understand that officials at the National Trust are content with this amendment, and I hope that the noble Baronesses are too.

Finally, Amendment 128YD inserts into the definition of “specified authority” a body established by an Act or Measure of the National Assembly for Wales. This is a piece of future-proofing in case an Act or Measure of the Assembly should create a new body with compulsory acquisition powers.

I conclude by thanking your Lordships’ House for its patience in hearing about 90 technical, and in places arcane, amendments about compulsory purchase. I beg to move.

Amendment 128YCL agreed.

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Moved by

[Viscount Younger of Leckie]

128YCM: Clause 179, page 93, line 12, leave out “a specified authority” and insert “the qualifying authority in relation to the land”

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Moved by

[Viscount Younger of Leckie]

128YCU: Clause 180, page 94, line 3, after “specified” insert “or qualifying”

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Moved by

[Viscount Younger of Leckie]

128YCY: Clause 181,
page 95, line 7, at end insert—
““qualifying authority” in relation to other qualifying land means the authority in which the land was vested, or which acquired or appropriated the land, as mentioned in the definition of “other qualifying land”;”

Housing and Planning Bill

Viscount Younger of Leckie Excerpts

Wednesday 23rd March 2016 Lords Chamber

[Lord Beecham (Lab)]

My Lords, Amendment 103BB deals with a minor but to some people significant point, which is the compensation to be payable when land is acquired by a development corporation. The amendment simply provides that the Secretary of State may by order set out a formula for determining fair compensation to the landowner in those circumstances. That seems a reasonable proposition.

[Viscount Younger of Leckie (Con)]

My Lords, I turn to the detail of the compensation amendments, Amendments 102CK and 103BB, tabled by the noble Lord, Lord Cameron, and the noble Earl, Lord Lytton, but spoken to today by the noble Duke, the Duke of Somerset.

I will outline briefly the principles of compensation for land taken by compulsion. These points have arisen in an earlier amendment in Committee. The compensation code is underpinned by the principle of equivalence. This means that the owner should be paid neither less nor more than his loss. The code provides that land shall be purchased at its open-market value, disregarding the effect of the scheme underlying the compulsory purchase.

The land is valued in a construct called the no-scheme world, whereby any increase or decrease in value that is due to the scheme is disregarded. Land will always have its existing-use value but market value also takes into account the effect of any planning permissions that have already been granted and of the prospect of future planning permissions. This is generally known as hope value, as the noble Duke eloquently pointed out. In the context of compensation for compulsory purchase, this is assessed according to the planning assumptions in the Land Compensation Act 1961, which require the valuer to assume that the scheme underlying the acquisition is cancelled. I remind the House that these were extensively revised and debated in the Localism Act 2011.

In some situations, there will be no hope value, because the individual claimant could not have obtained planning permission for some more valuable use. For instance, the land might be in an isolated rural location where permission for development would have been unlikely to be granted in the absence of a comprehensive scheme requiring compulsory purchase powers. In other situations, perhaps where land is acquired near an existing settlement, there will be pre-existing prospects for development on the land. In lay man’s language, that is development potential that existed prior to the scheme. The strength of those prospects will be reflected in the market value of the land.

On Amendment 102CK, it has been said that land acquired for housing by means of a development consent order should always attract development value. If the land had development potential in the absence of the scheme underlying the development consent order, that hope value would be reflected in the market value and the compensation to be paid. But an increase in the value of the land that is solely attributable to the scheme would be disregarded under the compensation code.

I turn to Amendment 103BB. The noble Lord, Lord Beecham, and the noble Baroness, Lady Andrews, have suggested that there is something unique about the land taken for new towns that requires the Secretary of State to provide a formula for compensation. New towns may well fall into the class of case 1 mentioned earlier, where there is no pre-existing hope value, as there is no reasonable prospect of development in the absence of a comprehensive scheme requiring compulsory purchase powers. In this situation, compensation in the no-scheme world is likely to be at or close to agricultural values. Schedule 1 to the Land Compensation Act 1961 makes it very clear that for new towns any increase in value that is attributable to the development of other land in the new town must be disregarded, where that development would not have been likely to be carried out had the area not been designated as a new town.

I thank the noble Earl, Lord Lytton, for the amendments spoken to by the noble Duke, the Duke of Somerset. I suspect that your Lordships will not be very keen to be further enlightened this afternoon by a technical debate on these particular matters. However, we shall look carefully at what the noble Duke said, and I shall write further to him and the noble Earl before Report about these matters.

[Lord Campbell-Savours]

The Minister said that he will write to the noble Duke. Can we all see a copy of that letter, and can we have an assurance that there will be no movement, no concession made to the CLA, in this area?

[Viscount Younger of Leckie]

I am not in a position to make any guarantees this afternoon, but I will certainly include all noble Lords who have taken part in this debate, and copies will be placed in the Library of the House.

I turn to the compulsory purchase policy elements and Amendments 103BC to 103BF. I am very grateful to the noble Lord, Lord Cameron, and the noble Earl for raising these important matters, again spoken to by the noble Duke, the Duke of Somerset. They concern the matter of ensuring that advance payments of compensation are not only paid, but paid on time. This links to the equally important question of the way that acquiring authorities should treat claimants when land is being purchased by compulsion.

Starting with Amendment 103BC, having considered the responses to the spring 2015 consultation, the Government think that penal rates of interest on outstanding advance payments are the most appropriate sanction, and we are providing for this in Clause 174. Taken together with the new arrangements for making claims and obtaining further information in Clauses 172 and 173, we think that the prospect of a penal rate of interest will sufficiently concentrate the minds of acquiring authorities, so that advance payments will be made on time.

I now turn to Amendments 103BD and 103BE. The Government think that setting interest rates in a Bill is too restrictive. Provision to set both rates is available in secondary legislation. Coming to the detail of the amendments, the Government think that it is premature to decide on the punitive rate of interest for late payments of advance payments of compensation—as proposed in new subsection (1A) of new Section 52B in Amendment 103BD. The noble Lord, Lord Cameron, and the noble Earl, Lord Lytton, will know that the Government published our consultation paper on phase 2 of our compulsory purchase reform programme on 21 March. The good news is that the paper proposes that 8% above the base rate should be the punitive rate for late payments of advance payments.

The second part of Amendment 103BD—proposed new subsection (1B)—would overtake the existing provisions in Section 32 of the Land Compensation Act 1961 to set the rate of interest for compensation unpaid at the date of entry. This rate is not punitive, as there are often legitimate reasons for some compensation to be unpaid at that date. The final claim for many businesses, for example, cannot be finalised until their relocation has been completed.

Noble Lords will recall from the spring 2015 consultation that the Government consulted on increasing this rate of interest from 0.5% below the base rate. The Government confirmed in their response to consultation that the rate would be increased to 2% above the base rate. The Committee will be interested to hear that new regulations are in preparation by the Treasury and will be published in due course.

The new rate of 2% above base is intended to achieve an equitable and fair settlement between the claimant and the acquiring authority. The interest on unpaid compensation from the date of entry is not the same as the interest on commercial lending. It may be helpful if I say that it is more likely that it will be based on a formula which will compensate the claimant for interest which he or she would otherwise reasonably be receiving, had the money been otherwise invested. We can have a separate debate on that, I am sure.

I now turn to Amendment 103BF, which focuses on introducing a statutory duty of care to be owed by acquiring authorities to claimants. There is no doubt that claimants should be treated with fairness and courtesy and kept up to date with developments. This is best practice, and all competent professionals should be advising their clients to act in this way. The Government believe that a new statutory duty of care for compulsory purchase is not necessary and would not help relations between acquiring authorities and claimants. The kind of assistance which should be provided by an acquiring authority may differ depending on the circumstances. A broad duty of care may be imprecise in nature and difficult to enforce. The professionals working in compulsory purchase suggest that clear guidance on good practice would be a better way forward.

The recently updated compulsory purchase guidance, published on 29 October 2015, makes it clear that acquiring authorities should make reasonable offers of compensation in the context of overall project costs. Acquiring authorities should also be prepared to engage constructively with claimants about relocation issues and mitigation and accommodation works where relevant. The guidance also urges acquiring authorities to offer those with concerns about a compulsory purchase order full access to alternative dispute resolution techniques, from the planning and preparation stage to agreeing the compensation payable for the acquired properties. With these explanations, I ask the noble Duke to withdraw the amendment.

[Lord Williams of Elvel (Lab)]

My Lords, I cannot see what attitude the Minister is taking towards the CLA amendments, as was raised by my noble friend Lord Campbell-Savours. Will he please set it out very simply ?

[Viscount Younger of Leckie]

Of course, I believe it will be best for me to include the technical details in the letter that I am already writing and will place in the Library of the House.

[The Duke of Somerset]

My Lords, I thank the Minister for his very full reply and the two noble Lords who have contributed to this short debate. Some of what we heard was good news; some of the rest not so good. I am sure that the noble Lords who tabled the amendments will, like myself, take great care in reading the reply.

The noble Lord, Lord Campbell-Savours, knows that the Committee has debated on a number of occasions his feelings about acquisition values. May I repeat what has been said on other occasions? Expropriation simply means that less land will come forward. It has been tried twice before and each time the development land tax has been a failure and has been withdrawn. Basically, any gains made through the sale of development land are taxed through the normal tax system. Finally, a lot of community benefit is funded out of the market value of these developments. I therefore do not go along with his hypothesis.

I look forward to hearing more about the consultation and thank the Minister for his reply. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Harris of Haringey]

My Lords, given that the Government Chief Whip has not yet arrived in the Chamber to explain what the intention is—although we may be about to get a message from him—to expedite matters, in order to see exactly what the Government’s intentions are, I beg to move that the House do now resume.

[Viscount Younger of Leckie]

My Lords, I argue that the House should not resume. Discussions are ongoing with the Chief Whip as we speak. I suggest to the House that we continue. The Chief Whip will come into the Chamber as soon as he is able to update us on progress on the Bill.

[Lord Harris of Haringey]

On the basis of that assurance that the Government Chief Whip will be joining us in about 10 minutes, I will not press my Motion to a vote at this stage.

--- Later in debate ---

[Lord Harris of Haringey]

My Lords, the Government Chief Whip briefly appeared in the Chamber. I now see that the Leader and Deputy Leader of the House are here. I am minded to move that the House do now resume, unless we are about to get a Statement.

[Viscount Younger of Leckie]

My Lords, before the noble Lord, Lord Harris, continues, for the benefit of the House I should like to inform your Lordships that the Chief Whip will be making a brief Statement at 7 pm on the subject of the progress of the Bill.

[Lord Harris of Haringey]

I am sure that this will be helpful. It is clearly progress and we all want to get on with this. But it would be useful for the House to know what the intention of the Government is as far as the progress of this Bill is concerned. So, unless we are going to be given more information, I will again put a Motion that the House do now resume.

[Viscount Younger of Leckie]

It may be helpful for the noble Lord to know that is has been agreed with the usual channels to have the Statement at 7 pm.

[Lord Harris of Haringey]

My Lords, I am sure that that is the case, but I am not a member of the usual channels. There are Members sitting in this Committee who are interested in this Bill or in particular clauses or aspects of it. We have a right to know the intention in terms of the remaining groups on this Bill. That is why I therefore move that the House do now resume.

Charities (Protection and Social Investment) Bill [HL]

Viscount Younger of Leckie Excerpts

Monday 20th July 2015 Lords Chamber

[Viscount Younger of Leckie (Con)]

My Lords, I believe that there is one further contribution before—

[Noble Lords]

Front Bench!

[Viscount Younger of Leckie]

On Report, it is allowed.

[Viscount Bridgeman (Con)]

My Lords, I have a small point to make. I declare an interest as chairman of a foundation school, Reed’s School, founded 200 years ago for the orphans of city clerks. It became a member of the Headmasters’ and Headmistresses’ Conference 60 years ago, maintains the foundation and has a considerable outreach, particularly to schools in east London, in parallel, in many ways, with Tonbridge School.

The school is a member of the HMC but, significantly, also of the Society of Heads, the conference of smaller schools, many of which would probably be in the 7% that is accepted as falling behind in the standards of public benefit. Many of these schools—my noble friend Lord Moynihan has made a passing reference to this—are struggling to keep their heads above water, and they simply do not have the resources to undergo the public benefit that is required.

This has been a very hot topic between the Charity Commission and all the governing associations, the various heads and governors, for 10 years now. In Committee I voiced my opposition to the word “minimum”; I felt that that was an unnecessarily prescriptive word on a matter that depends so largely on mutual recognition between the two sectors. I suggest that Clause 1 is already in the Bill, as the Minister said in Committee, and the bar for the second new subsection will have to be so low as to have to embrace the schools that are struggling. We are then into the one-size-fits-all category, which has been mentioned by a number of noble Lords. I suggest that the way forward is this continual dialogue between the Charity Commission and these various bodies. Let us not forget that peer pressure within these bodies will likely play a large part.

Charities (Protection and Social Investment) Bill [HL]

Viscount Younger of Leckie Excerpts

Wednesday 1st July 2015 Grand Committee

Amendments 20 and 20A not moved.

[Viscount Younger of Leckie (Con)]

My Lords, I think this may be a convenient moment for the Committee to adjourn. The Committee is due to return to reconsider this Bill on Monday 6 July.

[The Deputy Chairman of Committees (Lord Haskel) (Lab)]

My Lords, the Committee stands adjourned.

Charities (Protection and Social Investment) Bill [HL]

Viscount Younger of Leckie Excerpts

Monday 29th June 2015 Grand Committee

Amendment 13 withdrawn.

[Viscount Younger of Leckie (Con)]

I believe that this may be a convenient moment for the Committee to adjourn until 3.45 pm on Wednesday 1 July.

Committee adjourned at 5.44 pm.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Viscount Younger of Leckie Excerpts

Tuesday 22nd October 2013 Lords Chamber

Moved by

[Viscount Younger of Leckie]

That the Bill be read a second time.

Relevant document: 5th Report from the Joint Committee on Human Rights.

[The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con)]

My Lords, on behalf of my noble friend Lord Wallace of Saltaire, I beg to move that the Bill be now read a second time.

This Government have made a commitment to increased transparency in public life so that we can offer the public greater confidence in our political system. The Bill will build on the transparency measures which we have already put in place. This Government were the first to publish details of the meetings that Ministers and Permanent Secretaries hold with external organisations, and we also publish details of ministerial interests, hospitality, departmental business plans and a wide range of raw data relating to the business of government. This Bill will now extend those themes of openness and accountability to our political system.

I would like briefly to say something about the progress of the Bill to date. The Government are committed, wherever possible, to publishing legislation in draft with a view to pre-legislative scrutiny. While it was not possible to publish a draft Bill in this case, the measures it contains have been subject to considered and expert scrutiny. The proposal for a statutory register of lobbyists was analysed by the Political and Constitutional Reform Committee prior to the Bill’s introduction. Since then, the Bill has also been considered on the Floor of the other place in Committee. Ministers and officials have continued to meet stakeholders regularly in order to take account of their views as the Bill progresses, and noble Lords will note the amendments which were made in the other place. I therefore believe there has been and will continue to be considerable scrutiny of this Bill. I value in particular the considered input made by the Political and Constitutional Reform Committee, the Constitution Committee and the Joint Committee on Human Rights. I very much look forward to the further analysis that this House will bring to the Bill today. I turn now to the principal measures in it.

The Bill has three main parts. First, it will fulfil the coalition’s commitment to introduce a statutory register of lobbyists. Secondly, it paves the way for greater clarity on how much money organisations spend on campaigning at general elections. Thirdly, it will give the public greater assurance about the completeness and accuracy of the membership register which trade unions already keep. This House has long had a history of shining the light of transparency on our political system through open and challenging debate. No doubt noble Lords have followed the debates in the other place on the measures within this Bill. I and my noble friend Lord Wallace of Saltaire greatly look forward to debating the detail of what the Bill does and does not set out to do, and it is an occasion for noble Lords to apply their usual thorough scrutiny.

I shall summarise briefly the measures in the Bill. Part 1 introduces a statutory register of consultant lobbyists. The Government believe that lobbying is an essential part of our democracy and plays a vital role in the policy-making process. It ensures that Ministers and senior officials hear a full range of views from those who will be affected by government decisions. It is important that everyone’s voice is heard in Westminster and Whitehall. No one should be discouraged from making their views known to decision-makers. There has been some concern, however, that some lobbying activity is opaque and there is a perception that certain powerful organisations and individuals could exert a disproportionate influence on government. The Government have already taken steps to address those concerns by increasing the transparency of decision-making and the accountability of decision-makers, such as Ministers and senior officials. We are the first Government to proactively and regularly publish details of ministerial meetings, government procurement and other items of public interest. I am sure that noble Lords will agree that the interests of those who seek to influence decision-makers should be equally transparent.

For the first time, details of all Ministers’ and Permanent Secretaries’ meetings with external organisations are published on a quarterly basis. The statutory register of lobbyists is designed to address a specific problem within that context, which is that it is not always clear whose interests are being represented by consultant lobbyists. That is the specific policy gap which the register is intended to fill. It will do so by requiring those who are paid to lobby Ministers and Permanent Secretaries on behalf of a third party to disclose the names of their clients on a publicly available register. Our objective is to ensure increased transparency without discouraging engagement by those who will be affected by policy and legislative decisions, such as businesses, charities, community groups and members of the public. Our provisions for a statutory register constitute a pragmatic and proportionate solution designed to address a specific identified problem. The coalition Government made a commitment to introduce a statutory register of lobbyists and to increase transparency in public life. Part 1 will fulfil that commitment.

[Lord Foulkes of Cumnock (Lab)]

My Lords, can the Minister explain how Mr Lynton Crosby and his tobacco industry interests will be covered by this Bill?

[Viscount Younger of Leckie]

I do not intend to go into that at this particular stage.

[Lord Foulkes of Cumnock]

Very wise.

[Viscount Younger of Leckie]

I note, however, the point that the noble Lord has made.

Let me now turn to the second part of the Bill. Part 2, put simply, requires those who want to influence the outcome of a general election to be transparent in doing so. The changes proposed update a system of regulation which has been in place at the past two UK parliamentary general elections.

Noble Lords will no doubt be aware of the influence that third parties can have on elections. This influence is often very positive, but we believe it should be proportionate. Despite existing controls, there is a real risk of distortion by those who seek to unduly influence the outcome of the election. The Bill takes forward a number of important measures to prevent this occurring.

Expenditure will now be more fully recorded and disclosed. Donations to third parties will now have to be published in advance of an election, rather than after. Certain third parties will also have to provide a statement of accounts. The spending limit for third parties will be lowered. Thirteen years ago, the existing spending limit was fixed in legislation at 5% of the maximum campaign expenditure limit for political parties. This amount was considered quite generous by the organisation that recommended it, the Committee on Standards in Public Life. The committee also noted that groups of third parties could outnumber expenditure by candidates or political parties. That argument remains valid today. Reducing the limit to 2% of the maximum campaign expenditure limit for political parties combats the risk of third party expenditure being used to influence elections. The reduction to a lower, but still very significant, sum is justified. To that same end, the Bill also introduces a measure that will prevent third parties directing the entirety of their spending limit at a single constituency or local area. It will become more difficult for large, well-funded campaigns to overwhelm the local political landscape.

The test for determining if a third party’s expenditure is in fact controlled expenditure is the same in both the Bill and existing legislation. Only expenditure that can,

“reasonably be regarded as intended to promote or procure electoral success”,

of parties or candidates will be regulated and count towards a third party’s spending limit.

Currently only expenditure on election material is regulated. This Bill extends the range of activities that are regulated to other activities such as public rallies and organised media events. This is the same list that applies to the activities of political parties. It implements a very sensible recommendation by the independent regulator, the Electoral Commission.

I should also make clear what this Bill does not do. Noble Lords will be aware that some charities and other organisations have expressed concern that the Bill will prevent campaigning on policy issues. I can reassure the House that only those campaigns that promote electoral success will be regulated.

It is the Government’s belief that the vast majority of charities or other groups campaigning for their preferred policies will not be affected by the Bill. This belief is based on the guidance of the Electoral Commission and its experience of regulating third parties at the 2005 and 2010 UK parliamentary general elections. At those elections charities and other campaign groups were not prevented from engaging with, commenting on or influencing public policy.

No elements of this Bill will deprive third parties of the ability to make a contribution to political debate. The regulatory requirements strengthened by this Bill are proportionate. Third parties will not be precluded from campaigning. They will simply be brought into an enhanced spending and donations reporting regime. As a result, the process as a whole will become more transparent.

I now turn to Part 3, which addresses a gap in enforcing existing duties. Section 24 of the Trade Union and Labour Relations (Consolidation) Act 1992 requires unions to maintain a register of their members’ names and addresses, and, so far as is reasonably practicable, to keep it accurate and up to date. I hope noble Lords will agree that this measure always was, and remains, reasonable.

Under the Act, however, union members, employers and the public cannot be wholly assured that a register is up to date. The Bill therefore requires unions to provide an annual assurance to the certification officer. Those with more than 10,000 members will be obliged to appoint an independent assurer. The Government are keen not to inhibit the operation of small unions—

[Lord Lea of Crondall (Lab)]

I thank the noble Viscount for giving way. Does his last comment imply that certification officers have had problems with the current regime?

[Viscount Younger of Leckie]

One of the issues that we wish to address is the fact that the certification officer has a passive mode so that anybody who wishes to make a complaint can do so, but only if he is a union member.

As I was saying, the Government are keen not to inhibit the operation of small unions, so those with 10,000 or fewer members will be required to submit an annual self-certification that their membership list is up to date.

The Bill will also enable the certification officer proactively to investigate possible discrepancies in the register. He will be able to require documents to be submitted and to appoint an inspector. If a union is non-compliant with the duties in Section 24, the certification officer may make a declaration and a civil enforcement order. Unions will always be given an opportunity to make representations before a declaration or order is made.

I look forward to these measures benefiting from the scrutiny of noble Lords. The Government are committed to implementation which is both effective and proportionate, and we will support the transition by producing guidance. I am aware of concern regarding the impact of the proposals, and I hope to reassure noble Lords now. First, I reiterate that the Government are not challenging the vital role that unions play representing their members’ interests and contributing to public debate.

Secondly, I reassure noble Lords that these proposals do not breach human rights to privacy or freedom of association. If a union is non-compliant with duties under Section 24, it is important that every opportunity is given for that to be remedied. The investigation powers will be proportionate: the certification officer can require information only where he deems there is good reason to do so. Existing safeguards in the Data Protection Act and the Human Rights Act will apply as they do elsewhere. The Bill also includes additional protections to prevent the unauthorised disclosure of member data. These provisions will not allow employers unauthorised access to such information.

I believe that these proposals are reasonable. By proactively providing an annual assurance, unions will give even greater credibility to the important voice that they have in public debate. I also hope that unions themselves will recognise the benefit: many unions have up-to-date registers but there is anecdotal evidence of doubt that that is always the case. The annual assurance process will bring greater credibility in future about the result of ballots; for example, in electing a new general secretary.

This Bill will shine the light of transparency on those represented by consultant lobbyists as they meet key decision-makers in government. This Bill brings further clarity on the influence third parties have on the outcome of elections. This Bill will provide assurance that trade unions have accurate membership records, given that their influence extends far beyond their members. This Government believe that transparency generates accountability.

[Lord Martin of Springburn (CB)]

I thank the noble Viscount for giving way. I am just seeking clarification. I do not need the answer today, but perhaps the Minister can look into this. I recall there were some cases where lobby journalists who held credentials as journalists doubled up as lobbyists and perhaps serviced some all-party groups. That is a very bad practice and something that should not continue. Can the Minister tell the House whether this practice would be allowed under this legislation?

[Viscount Younger of Leckie]

I thank the noble Lord for that very specific question. I think that it makes sense for me to come back with a full answer.

To conclude, the Government believe that transparency generates accountability and that accountability allows the public to hold public bodies to account. This Government want to be open, transparent and clear on who influences the political system. I commend the Bill to the House, and I beg to move.

Remembrance Day

Viscount Younger of Leckie Excerpts

Thursday 10th November 2011 Lords Chamber

[Viscount Younger of Leckie]

My Lords, every year we cherish a number of bank holidays, whether Christmas, Easter, St George's Day or May Day. They all have different meanings for people and, for some, little meaning at all. They are viewed with varying degrees of importance. However, I believe that there is no one day more significant for us in Britain than Remembrance Day, an annual event for which we do not have a public holiday.

The emphasis on recognising the debt we owe to the fallen, like shifting sands, is moving from a focus on the world wars to more recent conflicts. The Wootton Bassett corteges are tangible evidence of the increased poignancy and recognition in the public consciousness of this.

I therefore thank my noble friend Lord Selkirk of Douglas for securing this debate. It is timely to allow us to reflect this year on the mostly positive news to highlight how we recognise the debt owed to the fallen, but also on seeking to look after—better—those who have been left behind and those who continue to serve. It provides an opportunity today to corral and re-emphasise some key points that have arisen from related debates during this year.

By tradition, a Sunday in November provides a formal period of reflective ceremony for families and friends to remember those they knew so intimately who gave their lives for their country. More tangibly, for those directly affected, it is a time also perhaps for a grim but dignified reflection of their changed lives—on family life which might have been, with absent fathers never bringing up children and wives having to cope with overwhelming challenges. More indirectly, we pause and think of those we never knew, from all conflict zones going back several decades, represented by countless names written in bold black letters, hewn in stone on memorials in the UK and around the world.

In June 2011 the War Widows Association marked the 40th anniversary of its foundation, as has already been mentioned. A moving service held in London allowed those present to honour the fallen and their spouses, and reflect on their bereavements, which have happened not just in the heat of war zones but too often from tragic incidents such as friendly fire or accidents in service. It was also an opportunity, collectively, for the war widows, of whom there are over 30,000 in the UK, to quietly reflect on their successes, including the fight over many years for a pension 100 per cent free of tax.

A debate on the subject of the war widows that same day last June highlighted the need for further improvements to their care and welfare. This included the need for a change to data protection laws, still outstanding, to make it easier for the Ministry of Defence to transfer war widows’ personal information directly to the association. Current registered numbers are low, at just over 3,000 people. The debate further highlighted the need to protect fully a widow's pension. There remains a legacy issue affecting potentially over 4,000 people. If the death of a spouse fell between 1973 and 2005, after which the Armed Forces pension scheme came into force, and the widow subsequently remarries or co-habits, her pension is withdrawn.

Above all, 2011 has seen the contrast between the war in Afghanistan and civilian life at home highlighted in sharp relief. As the noble Lord, Lord Bilimoria, has already mentioned, the Armed Forces covenant, presented this May and enshrined in the Bill, emphasised the need to have a closer bond between the services, communities and local authorities. It served to reaffirm the commitment between the state and the services concerning the defence of the realm, including the sobering point that those serving in the forces must be prepared to fight unquestioningly, and if necessary be prepared to make the ultimate sacrifice. As written in the Army doctrine document, this is founded on the highest principles of personal and collective commitment, and grounded in those key values of integrity, discipline, selflessness, outstanding training and unquestioning authority.

In return to those serving, to servicemen and their families, the state commits to deliver on a number of important social, welfare and health principles, with quality benchmarks to include equipment for fighting, family support, housing, education for children and recognition, to name just a few. In stark contrast with these principles, the riots that this country suffered from earlier this year demonstrated the moral and social bankruptcy seen in some parts of our society. People, mainly young, beyond the control of their parents or authority, were wantonly stealing goods from shops because they were tempting and available, all gained under a cloak of protest at government policy. To echo the words of the noble and gallant Lord, Lord Walker, I find it quite extraordinary that soldiers, some of whom may have come from the same cities and not dissimilar backgrounds to the rioters, have continued to serve in highly dangerous conditions against this background at home but remaining as professional, as focused and as brave as ever. It adds further weight to the debt owed not just to the fallen but to the seriously wounded and to those continuing to place themselves in danger. It is also a testament to the highest quality of selection, training and discipline within our UK Armed Forces. There is progress in tackling these legacy challenges at home—which were partly responsible for the riots—and I applaud the Government for taking strong action in working to effect societal change, including the increase of personal responsibility and the reduction of welfare dependency.

Education also has a role in helping us to understand the debt; my noble friend Lady Fookes has already spoken about this. The sacrifices made are more easily understood in society and in communities and passed down through the generations if history is given a greater priority in schools and is better taught, so that it is more interesting and meaningful. Improved teacher training is under way, placing a greater focus on the background to conflicts and on the linkage to related events. This will help pupils to establish a greater perspective to their place in the world and, we hope, will lead to the engendering of a greater purpose to and responsibility in their lives. As my noble friend Lord Lee of Trafford has highlighted, schools should be encouraged to take an interest in adopting local war memorials, to teach pupils about the sacrifices within their communities.

It is hoped that a greater awareness of conflict and the reasons behind conflict, with tangible improvements in our moral standards, in encouraging greater self-help and in giving more help for our fellow human beings in society, will help begin to repay the debt which we will be remembering again in depth on Sunday.

The Big Society

Viscount Younger of Leckie Excerpts

Wednesday 11th May 2011 Lords Chamber

[The Viscount Younger of Leckie]

My Lords, making the big society happen is all about effecting a behavioural and cultural shift for individuals within communities. It is about extending the concept and values of volunteering and self-help from societies and geographical areas where they are working to those where they are not. It is a movement or bandwagon—a shift in societal thinking based not on being dictated to by government, local or national, but on being persuaded that an ethos to help in our neighbourhood, naturally ingrained in most of us, should come alive where it is dormant. Communication is the answer. A recent survey highlighted the fact that half the adult population currently volunteer but as many as 11 million people would do so if only they were asked. How best to knock on the door of the Englishman's castle?

The efforts of 5,000 selected local community organisers or champions over the next four years will build and galvanise teams and ignite a sense of belonging in the community. It is encouraging that, last year, 76 per cent of people felt that they belonged to a society, compared to 70 per cent in 2003. Individuals can be persuaded by example. The nature and number of successfully burgeoning projects must be broadcast regularly and nationally to create interest, develop momentum, increase the energy and encourage copycat activities. Is there such a plan?

Finally, healthy competition within and between communities can be a powerfully persuasive tool for volunteering. The Government’s awards, notably for new and creative local projects, increase teamwork and pride resulting from local activity. The recent royal wedding street parties are a prime example of how people have lowered their drawbridges and come out to meet, talk and engage in their communities—in some cases, for the first time. Let such social interaction and communication be developed into community action by locally designated leaders.