David Rutley contributions to the Kew Gardens (Leases) Act 2019


Wed 24th July 2019 Kew Gardens (Leases) (No. 3) Bill [Lords] (Commons Chamber)
3rd reading: House of Commons
Legislative Grand Committee: House of Commons
17 interactions (2,362 words)
Mon 24th June 2019 Kew Gardens (Leases) (No. 3) Bill [Lords] (Commons Chamber)
2nd reading: House of Commons
21 interactions (2,956 words)

Kew Gardens (Leases) (No. 3) Bill [Lords] Debate

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Department: HM Treasury
Legislation Page: Kew Gardens (Leases) Act 2019

Kew Gardens (Leases) (No. 3) Bill [Lords]

(3rd reading: House of Commons)
(Legislative Grand Committee: House of Commons)
David Rutley Excerpts
Wednesday 24th July 2019

(1 year, 2 months ago)

Commons Chamber
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HM Treasury
Sir Lindsay Hoyle Portrait The Chairman - Hansard
24 Jul 2019, 3:36 p.m.

With this it will be convenient to consider clause 2 stand part.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley) - Parliament Live - Hansard

Kew is a scientific institution of huge importance. As the global resource for knowledge of plant and fungal diversity, it plays a critical role in addressing the unprecedented scale and pace of threats facing the natural world, and indeed humanity, including the threat of climate change. It is fitting that our Secretary of State delivered his flagship environment speech last week at Kew. The fundamental purpose of the Bill is to help Kew to invest and support its vital mission in a way that also maintains and enhances this outstanding world heritage site.

The Bill amends restrictions on leases on the Crown land on Kew Gardens estate. Currently the Crown Lands Act 1702 limits leases at Kew to just 31 years; the clause amends those provisions, allowing leases up to 150 years, in line with provisions made for the Crown Estate in 1961. Clause 1(2) disapplies the 1702 Act in relation to leases granted under this Bill. The change will allow Kew to generate revenue to improve the quality of its estate and thereby to support its vital scientific mission and retain UNESCO world heritage site status. All proposals for granting long leases will be in line with Kew’s world heritage site management plan, and Clause 1(3) goes further on this point.

Clause 1(3), as amended in the other place, requires that before granting any lease the Secretary of State must be satisfied that the lease, and anything that the leaseholder is permitted to do with the property under the terms of the lease, would not have any adverse impact on the functions of the board of trustees, as set out under the National Heritage Act 1983. The Secretary of State must also be satisfied that the lease would have no adverse impact on the world heritage site status. The changes do not allow the sale of the freehold of Kew land. Furthermore, the Bill will not change the freehold position of the land, which remains with the Crown; it simply provides the ability to grant longer leases on the land.

Proposals for leases will be subject to scrutiny by Kew trustees and finally signed off by the Secretary of State. Proposals for the development of existing properties and new developments will require permission from the local planning authority advised by Historic England in consultation with local residents and other stakeholders, as well as the Kew trustees. That is unchanged from the existing governance processes.

Clause 2 is a standard provision. Subsection (1) sets out that the Bill extends to England and Wales only, this being the legal jurisdiction for property in Kew. However, the Bill applies only to Crown land at the Royal Botanic Gardens, Kew. Subsection (2) sets out the arrangements for the commencement of the Bill, two months following the day on which it is granted Royal Assent. Subsection (3) sets out the Bill’s short title once it has become an Act on Royal Assent. This provides the abridged title as opposed to the long title found in the preamble. The short title of this legislation will be the Kew Gardens (Leases) Act 2019. For the reasons I have set out, I urge that these clauses stand part of the Bill.

Luke Pollard Portrait Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op) - Parliament Live - Hansard
24 Jul 2019, 3:40 p.m.

I am pleased to speak in support of this Bill. I will start by restating what my hon. Friend the Member for Stroud (Dr Drew) said on Second Reading—that Ministers can rest at ease, because the Opposition have no intention of dividing the House on this issue. Indeed, this is a Bill that we support and encourage the Government to get on with as fast as they can.

The Bill has been a long time in the making, with previous Bills started by the hon. Members for Richmond Park (Zac Goldsmith), the hon. Member for Bridgwater and West Somerset (Mr Liddell-Grainger) and Lord True. We are pleased that we have managed to come so far on this occasion, and we hope the Bill will pass all its remaining stages in the Commons today.

It is important to remember that the Bill goes back to the difficulties that Kew Gardens faced in 2014, when there was a potential funding crisis. The then director saw that Kew could lose up to 150 research staff, which would have been a tragedy given its international importance—not just for public access, but as the world’s most important research institution in the areas that Kew covers. The Select Committee on Science and Technology noted at the time that Kew had difficulties transitioning away from its pure state funding model to one where it is more self-sufficient.

Kew Gardens is not only an incredible tourist attraction but an international centre of expertise and something that this country should be very proud of. I remember my last visit to Kew Gardens; I was in awe of the natural diversity that thrives in that corner of green in this metropolis of hustle, bustle, concrete and steel. The seeds and samples at Kew are unique and preserve for the future a vital resource for scientists working on tracking biodiversity. The world’s largest herbaceous borders at Kew are also pretty incredible. I can only imagine the weeding and pruning that is required to keep Kew looking so inspirational and attractive. I sometimes struggle with my little garden in Plymouth, but this is on a very different scale indeed.

Break in Debate

Sir Lindsay Hoyle Portrait The Chairman - Hansard

The hon. Gentleman is now stretching things, so I am going to call the Minister to speak.

David Rutley Portrait David Rutley - Parliament Live - Hansard
24 Jul 2019, 4:01 p.m.

Thank you, Sir Lindsay. I have an important announcement to make to the Committee, on the back of the significant points that have just been made by the hon. Member for Glasgow North (Patrick Grady). I can confirm that, as he will see when he next visits Kew Gardens, there are goldfish there. I am glad that I can answer these important questions of the day that he raises.

I am grateful for the sincere co-operation of Members across the Committee, including the Opposition Front Benchers. The hon. Members for Stroud (Dr Drew) and for Plymouth, Sutton and Devonport (Luke Pollard) have asked some important questions, and I am grateful to them for their support. I will respond briefly to their points. The hon. Member for Plymouth, Sutton and Devonport mentioned the concerns that the Select Committee raised back in 2014-15. In 2015 Kew published its science strategy, “A Global Resource for Plant and Fungal Knowledge”, which set out clear research priorities, including research programmes. The delivery of those programmes was all subject to funding and progress has been made on many of those priorities. Kew will be refreshing its corporate strategy and its science strategy in 2020, and that work is well under way.

The hon. Gentleman asked where the extra funding would go. I can assure him that it will go to help underpin Kew’s core priorities and what it is seeking to accomplish, in England and more widely, not least in Scotland and the wider world. I can assure the hon. Member for Stroud that the funding does incorporate significant investment in digitising Kew’s herbarium collection, which is important to him and to all of us, because we want to ensure that it is conserved securely and made globally available. Importantly, it will be available online.

The funding will help Kew in its ambition to increase further its self-generated revenue and become more financially self-sufficient. I understand that it will not be used directly to reduce funding; this is to help it achieve its ambitions to grow its funding further. What is reassuring to hon. Members is that since 2009-10 we have seen the grant in aid funding from DEFRA increase from £28.6 million to £40.8 million, and at the same time—this is credit to the team at Kew—Kew’s self-generated income has increased from £20 million to £70 million. This is therefore part of an ambitious and much wider scheme to help move things forward.

The hon. Member for Plymouth, Sutton and Devonport was absolutely right to mention green spaces. Yes, they will be protected. The leases are around peripheral buildings at this stage and will not affect the core purpose. As I have said already, the funding will be used for the core purposes that are so vitally important for all that goes on at Kew.

The hon. Gentleman raised the issue of the entrance fee. The Natural History Museum and others are designated as national museums and are sponsored directly by the Department for Digital, Culture, Media and Sport, although they do get funding from special exhibitions. Kew is different, and the admission and membership fees there help to raise much-needed funds of £18 million. The broader discussion about how that would shape things is for some point in the future and is certainly not for this Bill. It is good to know that the board is making significant steps forward.

The other point the hon. Gentleman raised was about extra funding from DCMS and elsewhere. He may be aware that it already receives £3 million of official development assistance funding administered from the Department for Environment, Food and Rural Affairs. Those are important issues, and it is worth noting that there will be a visit in due course so that Members from Scotland and elsewhere can come and see all that Kew has to offer. We will talk more about that later on.

The Bill is not large, but its impact is significant. It will enable the release of value from land and property at Kew Gardens through a variety of commercial options, such as long leases for residential or office use. It will also reduce maintenance liabilities and running costs and enhance the site through restoration and ongoing maintenance. It will help Kew in its ambition to further increase its self-generated revenue and become more financially self-sufficient. For those reasons, I hope that the Committee will approve the Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Consideration of Bill, not amended in the Legislative Grand Committee (England)

Sir Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle) - Hansard

I have decided to select as manuscript amendments, to be proceeded with on Report, amendments 1 and 2 tabled in the name of Pete Wishart for the Legislative Grand Committee (England), to be debated together. Copies of a Report stage amendment paper will be available from the Vote Office shortly. In the meantime, we may proceed using the texts on the amendment paper for the Legislative Grand Committee (England).

Clause 1

Power to grant a lease in respect of land at Kew Gardens

Break in Debate

Patrick Grady Portrait Patrick Grady - Parliament Live - Hansard
24 Jul 2019, 4:15 p.m.

The hon. Lady raises an important point. I do not intend to detain the House desperately long. I want to ensure that that debate can be had. It is particularly relevant, of course, to Members from England and Wales. We just had a procedure of the so-called English Parliament. This was what was supposed to happen as a result of the independence referendum and the reform of devolution, but it is patently failing, as she demonstrates. There are only two amendments, however, and I am speaking about the second, so her patience should not be tested for too much longer.

One of the key points is that the leases will raise money. That money will generate tax take, that tax take will go to the Treasury, and that money will eventually work its way into public expenditure, first through the UK consolidated fund, and then, presumably, some of it will end up in the Scottish consolidated fund through the Barnett formula. This has been the crux of our problem with the EVEL procedure from the very start—We do not see the full consequences and knock-on effects. That is why the amendment suggests that the Minister make an estimate or report on the sums expected to accrue to the Treasury as a result of any lease granted.

We were told when the EVEL procedure was introduced that we would be able to scrutinise all these things through the estimates process, but this is not the only time my hon. Friend the Member for Perth and North Perthshire has been called out of order and required by the Chair to resume his seat, because previously when he tried to talk about estimates, he was also ruled out of order and was unable to speak. There has been a small reform to the estimates process, which we have welcomed, but it is still not sufficient for us to have the kind of say we want. We cannot table meaningful amendments and the subjects and time available for debate are still limited.

We are demonstrating, even in the frustration of the hon. Member for High Peak (Ruth George) about the squeeze on the important debate to follow on youth services in England, the fundamental failures, first of the EVEL system, and secondly of the overall impact of the attempt at reform and the potential silencing of voices from England and Wales. The EVEL procedure, sadly, is becoming a laughing stock. There is a risk of Parliament falling into the same trap. Certainly, laughing stocks will not be in short supply outside our doors and down Whitehall.

Politics is a bit chaotic at the moment, and these kinds of procedural shenanigans do not enhance that, but they serve to prove the point. In the interests of consensus and not delaying the Bill any further by sending it to ping-pong with the Lords, I do not intend to press my amendments, but I hope the point has been made, and I look forward to the Minister’s response.

David Rutley Portrait David Rutley - Parliament Live - Hansard
24 Jul 2019, 4:18 p.m.

I will be brief, because I am aware that the hon. Member for High Peak (Ruth George) and others want to get on to the next debate. I fully understand that.

I am grateful for the support we have received from the Opposition Front Benchers. In these situations, it is important to learn lessons from other hon. Members, such as the hon. Member for Ealing North (Stephen Pound), who, I always find, uses good humour, a probing wit and maximum respect for the subject and the people involved. I was getting a little bit nervous at the tone of an hon. Member whom I like, the hon. Member for Perth and North Perthshire (Pete Wishart). I was concerned that some of his understandable comments about the process were beginning to reflect on to Kew itself, so I am pleased that the hon. Member for Glasgow North (Patrick Grady) clarified that that was certainly not the case. One thing’s for sure—Kew is certainly not a laughing stock. It is a much valued asset, and I am pleased he reinforced that.

Amendment 1 is not necessary and is not clearly drafted. Should information on the granting of a specific lease be required by anyone, including the Scottish Government Cabinet Secretary for Environment, Climate Change and Land Reform, in line with the Land Registry publication requirements, the price paid for the lease and the relevant details of the leaseholder and the lease document itself will be available from the Land Registry when the lease is registered. I think the hon. Gentleman is aware of that. It is unclear what information the amendment would require to be in any report, but information on a lease, including price and lease conditions, will be available to the public and any Government Minister.

On amendment 2, under the National Heritage Act 1983 a statement of accounts for Kew is prepared, examined and certified in respect of each financial year. This annual report and accounts is reviewed by the Comptroller and Auditor General—the head of the National Audit Office—and laid before each House. Details of Kew’s income, including Government, commercial and charitable donations, are set out in the report, which is a public document. As already stated in the other place, income received by Kew in respect of those leases will be reflected in the report.

I hope that assures the hon. Gentleman that the issue has been taken care of. He was probably already aware of the points I have made, and he has had an opportunity to make his wider points, so, for the benefit of this particular Bill and the impact it will have on the Royal Botanic Gardens, Kew, I ask him to withdraw his amendment.

Patrick Grady Portrait Patrick Grady - Parliament Live - Hansard
24 Jul 2019, 4:21 p.m.

I do not get to say this very often, but I accept the Minister’s reassurances. I think our point has been made and I look forward to seeing whether the Government Whips Office tries to use this procedure again at any point, ever. If it does not, perhaps it just needs to get rid of the whole procedure. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Sir Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle) - Parliament Live - Hansard
24 Jul 2019, 4:21 p.m.

Consideration completed. Does the Minister intend to move the consent motion for the Legislative Grand Committee?

David Rutley Portrait David Rutley - Parliament Live - Hansard
24 Jul 2019, 4:21 p.m.

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(3)).

[Sir Lindsay Hoyle in the Chair]

Sir Lindsay Hoyle Portrait The Chairman of Ways and Means (Sir Lindsay Hoyle) - Hansard
24 Jul 2019, 4:22 p.m.

I remind hon. Members that, if there is a Division, only Members representing constituencies in England may vote. I call the Minister to move the consent motion.

Motion made, and Question proposed,

That the Committee consents to the Kew Gardens (Leases) (No.3) Bill [Lords].—(David Rutley.)

Patrick Grady Portrait Patrick Grady - Hansard
24 Jul 2019, 4:22 p.m.

I am just trying to beat the record of my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) for being the Member from Scotland who has spoken most frequently in the Legislative Grand Committee. It is not just the occupants of the Serjeant at Arms chair who are getting exercise; you are, too, Sir Lindsay, as you move up and down, from Chair to Chair. This should not just be a formality. It defeats the entire purpose of the process. I hope that has been heard by Members on the Treasury Bench.

Question put and agreed to.

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

The Deputy Speaker resumed the Chair; decision reported.

Third Reading

Queen’s consent signified.

David Rutley Portrait David Rutley - Parliament Live - Hansard
24 Jul 2019, 4:24 p.m.

I beg to move, That the Bill be now read the Third time.

I am pleased to move the motion for the Third Reading of the Bill, which will provide the ability to grant leases of up to 150 years on Crown land at Kew Gardens, opening up new streams of revenue that will support this great British institution and world heritage site to flourish.

Kew is a scientific institution of towering importance, not only for the UK but as a global resource for authoritative specialist knowledge on plant and fungal diversity and its role in supporting essential ecosystems, which play a critical role in addressing the unprecedented scale and pace of the threats facing the natural world and indeed humanity. Kew is custodian of one of the largest and most diverse collections of plant and fungal specimens, living and preserved, collected from around the world over 170 years, with 25,000 specimens added each year from the Millennium Seed Bank at Wakehurst to the herbarium at Kew itself.

These collections are of immense use and fundamental importance to science in determining how species differ and develop, and which ones are threatened by extinction—an issue of grave international concern. To restore and digitise this incredible collection to make it accessible across the world requires considerable investment, as has been set out. This Bill will enhance Kew’s ability to attract non-governmental funding, providing further income for these and other important investments.

Kew is home to more scientists than ever before, working in partnership with scientists, educators and communities to promote research, education and conservation. And Kew does much to involve the public too: we make more than 2 million visits a year to Kew and Wakehurst, and around 100,000 pupils learn from its many wonders on school trips. Across the spectrum of public engagement, Kew is fostering a wider understanding of plants and fungi and why they matter to us.

I am delighted by the support from parliamentarians in the Second Reading debate, and an invitation has been extended for interested parliamentarians across the board to visit Kew on the morning of 9 October from 8.45 to 10.45; hopefully they will have received the invitation already. I am still more delighted that the Government have had the opportunity to bring this Bill forward, building on the efforts of those who have promoted similar Bills on Kew through the private Member’s Bill route: my hon. Friends the Members for Bridgwater and West Somerset (Mr Liddell-Grainger) and for Richmond Park (Zac Goldsmith) and Lord True in the other place. In the other place the Bill was amended by Lord Whitty to ensure robust protection for Kew’s core functions and the world heritage site. I am grateful to Members in this House and noble Lords in the other place for their contributions.

I extend my thanks to the team at Kew, including the trustees, for all they do, as well as the officials on the Bill team, my private office, the Parliamentary Private Secretaries, the Whips on both sides and of course the Clerks for their work and support on this issue.

As the Minister in the Commons with responsibility for the Royal Botanic Gardens, Kew, it has been an honour to lead on this Bill. Our debate in this House has enabled me to underline the global importance of Kew and the Government’s commitment to its future. I believe that the Bill’s progress through both Houses has been a model of Parliamentary process, working together effectively to ensure that the Bill is fit for purpose. I look forward to the Bill’s speedy progress towards Royal Assent.

Luke Pollard Portrait Luke Pollard - Parliament Live - Hansard
24 Jul 2019, 4:28 p.m.

There is very little to add to the remarks I made earlier, so as I want the House to come to the next debate as soon as possible, I shall briefly say that I am grateful to the Minister for his support for the ongoing digitalisation of the herbarium records and the recognition that the income derived from the sale of these leases will go to support Kew’s ongoing work. We need more, bolder and swifter action to tackle climate change and biodiversity loss, and Kew Gardens plays an important part in Britain’s soft-power and hard-power interventions in doing that, and I wish it the best of luck in selling these leases so we can make sure that work continues.

Kew Gardens (Leases) (No. 3) Bill [Lords] Debate

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Department: HM Treasury
Legislation Page: Kew Gardens (Leases) Act 2019

Kew Gardens (Leases) (No. 3) Bill [Lords]

(2nd reading: House of Commons)
David Rutley Excerpts
Monday 24th June 2019

(1 year, 3 months ago)

Commons Chamber
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HM Treasury
Mr Speaker Parliament Live - Hansard

I can inform the House that I have certified the whole Bill in accordance with Standing Order No. 83J, for Jemima, as being within devolved legislative competence and relating exclusively to England.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley) - Parliament Live - Hansard
24 Jun 2019, 4:57 p.m.

I beg to move, That the Bill be now read a Second time.

As the Minister in the House of Commons with responsibility for the Royal Botanic Gardens, Kew, I am delighted to present a Bill that will provide the ability to grant longer leases on Crown land there, opening new streams of revenue that will support the great British institution and enable it to flourish in the future.

Let me place on record, at the outset, my appreciation of the work of Members in this House—my hon. Friends the Member for Bridgwater and West Somerset (Mr Liddell-Grainger) and for Richmond Park (Zac Goldsmith)—who have promoted similar private Members’ Bills on Kew Gardens. I also note the keen interest of noble Lords in supporting Kew. A similar Bill was promoted by Lord True, and this Bill, before coming to this House, was amended by Lord Whitty so that he and others could be reassured in placing the duty to prevent inappropriate development at Kew unequivocally on the face of the Bill.

Indeed, I think it fair to say that the Bill has already received support from Members on both sides of the other place. Baroness Jones of Whitchurch considered the Bill, and Lord Whitty’s amendment, supported by the Government, provides a double lock on future extended leases. Baroness Kramer and Lord Rooker were pleased that the Bill strengthened the protection of Kew and allowed us to look to a future as distinguished as its proud history.

Kew is a scientific institution of the utmost importance, not only for the United Kingdom but as a global resource—the global resource—for knowledge of plants and fungi. We are facing immense challenges when it comes to the preservation of the natural world, and it is clear that there is an essential role for plants and fungi in that regard.

Stephen Pound (Ealing North) (Lab) Hansard
24 Jun 2019, 4:59 p.m.

The hon. Gentleman talks about Kew being a centre of scientific research. For those of us in west London not blessed with wide open spaces, Kew is a treasure house—an absolute treasure trove of delights. The recent exhibition of Dale Chihuly showed Kew Gardens at its absolute finest. I hope that I speak for everybody on the Opposition Benches when I say we entirely support the hon. Gentleman, but particularly those of us in west London who absolutely love this treasure so close to our hearts.

David Rutley Portrait David Rutley - Hansard
24 Jun 2019, 5:03 p.m.

The hon. Gentleman speaks well for the west London posse. He speaks very assuredly and with great passion as always for Kew Gardens, and we are grateful for that. It is a wonderful institution. I assure him that people not just in west London but across the nation want to visit it, and I hope that that is a boost to the local economy.

We are facing immense challenges in preserving the natural world. Within the challenge it is clear that there is a central role for plants and fungi, and Kew can provide answers about how plants and fungi will help us and our planet not just thrive but survive. Kew is a custodian of world-renowned collections, including the Millennium Seed Bank at Wakehurst and the Herbarium at Kew itself. The restoration and digitisation of the Herbarium will need considerable investment and will make the collection accessible globally.

Kew scientific research leads the world. With more scientists than at any time, its research is crucial in solving the challenges facing humanity today. Kew plays an extraordinary global role, in partnership with scientists, educators and communities, promoting research, education and conservation.

Kew does so much to involve the public, as we have already heard. With over 2 million visits to Kew and Wakehurst each year and around 100,000 pupils on school visits, it is building a wider understanding of plants and fungi and why they matter to us. Across the spectrum of public engagement, Kew is fostering a wider understanding of plants and fungi and why they matter to us.

Kew is not only an extraordinary scientific institution; as visitors and scientists will know, the estate includes many special buildings and structures, more than 40 of which are listed. It is a huge challenge to ensure the maintenance of these structures, which due to their historical nature is undertaken at considerable expense. We have a duty to balance public spending against priorities, and Kew is no exception. In view of Kew’s important role, DEFRA has been able to maintain funding to Kew in cash terms over this spending review period, but a key part of that was to support Kew to develop its other sources of income to deliver its ambitions.

Kew has made great strides in improving its financial sustainability. Kew’s Government grant forms just over one third of its income—37% in the 2017-18 accounts—and its mixed funding model is proving hugely successful, for example by using Government funding to leverage significant philanthropic and grant funding for renovation of the Temperate House, which reopened in 2018. Nevertheless, parts of the Kew estate, including some listed residential buildings near Kew Green, badly need investment to maintain and enhance their condition and enable Kew to realise additional income.

Attracting capital investment to refurbish buildings within the boundaries of Kew is one of the big opportunities available, but the current 31-year limit on leases imposed by the Crown Lands Act 1702 has made this difficult to realise. The Bill will allow leases to be granted on land at Kew for a term of up to 150 years. Longer leases will enable Kew to realise additional income from land and property, and will reduce maintenance liabilities and running costs. The additional income generated will help Kew to achieve its core objectives, maintain its status as a UNESCO world heritage site, and prioritise maintaining and developing its collections as well as improving the quality of its estate.

George Eustice Portrait George Eustice (Camborne and Redruth) (Con) - Hansard
24 Jun 2019, 5:04 p.m.

We all support the work that Kew does and obviously want to support its estate strategy and the funding, but the point my hon. Friend has just made is important. Will he confirm that this is less about income and more about capital receipts? The significance of going to a 150-year lease is that the seven or so residential properties around Kew Green can be sold on a leasehold basis. Kew Gardens is also interested in developing the car park area alongside the Thames.

David Rutley Portrait David Rutley - Hansard
24 Jun 2019, 5:04 p.m.

My hon. Friend speaks from experience; he knows this Bill very well. [Interruption.] Yes, very well. I agree: this is about not just income generation but cost reduction because of the maintenance costs of these properties. It is about getting capital in to help to renovate these important buildings and enable Kew to achieve its wider ambitions, so my hon. Friend is absolutely right. Of course, any development will be restricted by local planning legislation and by Kew’s provenance as a world heritage site. Many protections will be put in place, notwithstanding the need to take forward these renovation works.

The Bill has the full support of Kew’s board of trustees and residents in the Kew area, in particular through the Kew Society. It might be helpful to set out the protections that have already been alluded to, particularly to confirm that the various safeguards that apply now would continue to apply to any lease granted under the Bill.

Kew’s activities are overseen by Kew’s board and by the Secretary of State for Environment, Food and Rural Affairs. The Royal Botanic Gardens, Kew is an Executive non-departmental public body and an exempt charity. It is governed by a board of trustees established under the National Heritage Act 1983. As an exempt charity, although the Charity Commission does not regulate it, it must abide by charity law with the Secretary of State as Kew’s regulator for charity purposes. This regulation is co-ordinated between the Charity Commission and the Secretary of State.

To ensure that Kew’s operational arrangements comply with the National Heritage Act and with public and charity law, a framework document exists between Kew and DEFRA to deal with business planning, resource allocation, the appointment of board members and, pertinently, the disposition of land. Thus, at all times in the governance process, the board of Kew, the Secretary of State and DEFRA play a key role in determining the operational management, and will continue to do so in the grant of any lease under this Bill.

The Bill goes further on that point in requiring that, before granting any lease, the Secretary of State must be satisfied that the lease—and anything that the leaseholder is permitted to do with the property under the terms of the lease—would not have any adverse impact on the functions of the board of trustees as set out under the National Heritage Act.

Sir Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con) - Hansard
24 Jun 2019, 5:06 p.m.

I note from the remarks of my hon. Friend the Member for Camborne and Redruth (George Eustice) that there might be some question of a car park facility. Will the Minister ensure that, so far as possible, a low-carbon transport policy is developed for Kew? It seems ironic that we would do anything else, and there should clearly be sufficient electric charging points, sufficient public transport and sufficient cycling and walking routes to ensure that this really is genuinely state of the art for the 21st century.

David Rutley Portrait David Rutley - Hansard
24 Jun 2019, 5:07 p.m.

My right hon. and learned Friend makes a good point, and I am sure that these matters will be given due consideration. The car park that may be envisaged in the future would need to comply with planning regulations locally, so these things would have to be considered.

Stephen Pound Hansard
24 Jun 2019, 5:08 p.m.

Will the Minister read into the record a fact that is known to many of us, but perhaps not to every one of the vast number of people paying attention to the debate? Anyone who emerges from the main gate at Kew and strolls less than 100 yards up the road will find themselves at Kew Gardens station, where they can take the elegant District line to almost any place that their heart desires. There is also the London Overground. No one actually needs to drive there. There are three buses that stop there and two tube stations very close by. Would he care to note that for the record?

David Rutley Portrait David Rutley - Hansard
24 Jun 2019, 5:08 p.m.

Noted. The hon. Gentleman is well informed, and I thank him. Of course it makes sense to use sustainable transport whenever possible, particularly when visiting Kew.

Another element of protection that will continue under the Bill is that of Kew’s UNESCO world heritage site status, and other designations that offer protection under the planning system. These will apply to any lease granted under the provisions of the Bill. Once again, the Bill goes further, requiring that before granting any lease the Secretary of State must be satisfied that the lease and anything that the leaseholder is permitted to do with the property under its terms would not have any adverse impact on Kew’s UNESCO world heritage site status.

George Eustice Portrait George Eustice - Hansard

My hon. Friend will be familiar with the fact that it is typical with leasehold properties, particularly flats, for a leaseholder to have an entitlement to extend the lease before it reaches an 80-year cut-off period. With the type of leasehold we are discussing, will it be possible for a leaseholder to continue to extend in the normal way, or will it be a fixed term of 150 years only?

David Rutley Portrait David Rutley - Hansard
24 Jun 2019, 5:09 p.m.

It would be possible to extend the lease in the normal way, except for the fact that a lease would never go beyond 150 years. There are different protections in place because Kew is on Crown land.

It is important to note that the Bill goes further on the UNESCO world heritage site status. Kew was inscribed as a UNESCO world heritage site in 2003 owing to its outstanding universal value as a historic landscape garden and world-renowned scientific institution. As a result, the UK Government, through the Kew board and the Secretary of State, have the ultimate responsibility for ensuring the protection, management, authenticity and integrity of the site. As part of its world heritage site status, Kew has a management plan to show how its outstanding universal value as a property can be served, and that includes protections and mechanisms in the planning system relating to conservation areas in the London boroughs of Richmond and Hounslow.

The Kew Gardens site is also listed as grade I on the Historic England register of park and gardens of special historical interest in England. Much of the Kew site is designated as metropolitan open land, which applies similar protection to that offered to green belt land. Forty-four of the buildings and structures within the site are listed, and Kew is part of an archaeological priority area.

All the protections mean that any building work or alterations to any leased property, including the interior declarations in some cases, would require local planning permission and compliance with the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the national planning policy framework, and the Government’s policy for the historic environment.

Finally, of course, conditions would apply to the lease itself. In accordance with the duties that the Kew board and the Secretary of State must carry out, the lease itself, while seeking to be commercial, will include any restrictions that the Secretary of State decides are required—for example, to the extension or change of use to protect Kew, its UNESCO world heritage site status, or to ensure that the functions of the board of trustees under the National Heritage Act 1983 are not interfered with in any way.

As I set out earlier, the Bill disapplies the restriction in section 5 of the Crown Lands Act 1702 in relation to the maximum duration of leases of land at Kew. The Bill will remove the limit of 31 years on leases on land at Kew and apply a maximum of 150 years, bringing Kew into line with the provisions made for the Crown Estate by the Crown Estate Act 1961. The changes provide the ability to grant longer leases on the land. The Bill will not alter the many existing protections in place for Kew and its status as a world heritage site. In fact, the Bill strengthens the protections by formalising the duty of the Secretary of State to uphold them.

All proposals for granting leases are subject to scrutiny and must go through both Kew and DEFRA’s governance and comply with the protections in the planning framework, and in every case the lease itself will contain any restrictions that may be necessary.

The Bill will ensure that Kew’s historic properties are afforded the best protection. It is all about empowering Kew to manage its assets on a sound and sustainable commercial footing to enhance the estate and to pursue its core objectives. Kew’s trustees need the Bill to do what is necessary for the future of this national institution, which is part of our shared global heritage.

The modest dimensions of this two-clause Bill belie its importance in helping to safeguard Kew and its invaluable work. This is an opportunity for us to support Kew’s mission, because enabling Kew to maintain and enhance all parts of its estate will be crucial to its long-term success and to its global role in addressing today’s challenges for plants, fungi and humankind.

Dr David Drew (Stroud) (Lab/Co-op) Parliament Live - Hansard
24 Jun 2019, 5:13 p.m.

I am pleased to be able to speak on Second Reading. The Minister can relax because the Opposition have no intention of dividing the House. In fact, we hope that the Bill gets on its way speedily. I thank him for arranging for me to go to Kew last week. It was the third time that I have managed to get to Kew, which is a haven of peace and a wonderful facility. It is no wonder that it is a UNESCO world heritage site, and we must maintain that status and do everything we can do to improve it.

I welcome my hon. Friend the Member for Midlothian (Danielle Rowley) to the Opposition Front Bench. It is apposite that this debate comes before the debate on the motion relating to climate change. The Labour party believes that climate change must be given greater emphasis both in this place and outside. I hope that my hon. Friend can take part in future debates, but perhaps not this one because it will be fairly short.

Break in Debate

Dr Drew Parliament Live - Hansard
24 Jun 2019, 5:32 p.m.

I haven’t even written my notes yet.

With the leave of the House, I will say a few things. It is important to do so, because various people have made contributions to this whole process over quite a long period. I welcome what not only the hon. Member for Richmond Park (Zac Goldsmith) but my hon. Friend the Member for Ealing North (Stephen Pound) and the hon. Member for Camborne and Redruth (George Eustice) said, because they have all played a part in making sure that we get this Bill into play as a matter of priority.

I have two very quick things to say. First, I hope the Minister will answer some of my questions. I welcome the Government’s commitment to this Bill, because it is important. As I have said, the enthusiasm of the staff at Kew took me aback. It made me realise how much people care for this institution. Secondly, I hope that we will now be able to move forward with some of the other business that needs to come back to this place, such as the Agriculture Bill, the Fisheries Bill, and, dare I say it, the environment Bill, which should be an environment and climate change Bill.

David Rutley Portrait David Rutley - Parliament Live - Hansard
24 Jun 2019, 5:33 p.m.

With the leave of the House, I will respond to the debate. Indeed, it is my pleasure and privilege to do so. I think there was one other Bill that the hon. Member for Stroud (Dr Drew) had in mind as well.

Dr Drew Parliament Live - Hansard

The Bill on animal sentience—I could throw that in there as well.

David Rutley Portrait David Rutley - Parliament Live - Hansard
24 Jun 2019, 5:34 p.m.

There we go. As the hon. Gentleman knows, I am a reasonable man, and I am trying my best to move forward with this legislation. With support from the Opposition, Government Members and those across the House, we are making progress. Hopefully we can make more.

The hon. Gentleman is right to say that it is appropriate to hold the Bill’s Second Reading ahead of the climate change debate. I wish to join him in welcoming the hon. Member for Midlothian (Danielle Rowley) to her place. It is also good to see my hon. Friend the Minister for Energy and Clean Growth in his place for what will be another important speech.

I want to respond to many of the points made in the debate. With characteristic enthusiasm and passion, the hon. Member for Ealing North (Stephen Pound) has persuaded people at Kew in no time at all that it is entirely appropriate for a group of MPs to come along. They would indeed like to extend that invitation to Members here, so I hope that he can join us on that occasion. It is rare for our suggestions to be put into action so quickly, but the hon. Gentleman has managed it.

My right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) mentioned low-carbon transport. Kew’s transport policy is, of course, not within the scope of the Bill, but we will pass on his comments to people there. My hon. Friend the Member for Camborne and Redruth (George Eustice) talked about extending the leases; I responded by saying that leaseholders could apply to replace the original lease with a new one of no more than 150 years. The hon. Member for Stroud also asked which properties would be included.

My hon. Friend the Member for Richmond Park (Zac Goldsmith) made a very important speech; I say a huge thank you to him for his remarkable work and support for Kew over the years. He also does a huge amount on the wider debate about biodiversity and climate change, for which many Members—not least DEFRA Ministers—are extremely grateful.

Of the properties that we are talking about today, five are currently let on a one-year lease following renovation work, partly funded by a loan, and two are unoccupied and require substantial renovation to bring them up to a habitable condition or make them fit to become office accommodation. In the first instance, Kew would like to focus on that portfolio of properties, particularly the unoccupied properties. That portfolio can itself generate a capital sum or remove liability for renovation or maintenance works—a cost avoidance of about £15 million over a 10-year period.

The hon. Member for Stroud also asked about funding and what would be done with it. The Government’s intention is for Kew to receive the income to support its mission, including investment in its infrastructure and the quality of the world heritage site itself. Although I cannot prejudge the outcome of the forthcoming spending review, the importance of Kew’s mission and of securing the institution’s future means that my Department will be working closely with Kew to put forward the strongest possible case. That includes significant investment in digitising Kew’s herbarium collection, which the hon. Gentleman called for and which my hon. Friend the Member for Richmond Park said was so important, so that it can be conserved securely and be globally available.

Kew’s work is vital for our biodiversity and in tackling climate change. The hon. Gentleman can be assured that we will push hard to get the right funding for these tasks. It is vital that we get behind that work and further support Kew, because it is a global centre of knowledge about plants and fungi, and that should never come under any question. Given my remarks, I hope that the hon. Gentleman and other Members will be assured that we are in this for the long term. We need Kew to thrive and survive, and the Bill will help it do just that.

I hope that Members are now fully aware of the necessity of the Bill and the benefit that it will bring to the Royal Botanic Gardens, Kew, and the wider role played by Kew generally. I also hope that hon. Members feel reassured that proposals under any new lease will be subject to scrutiny by trustees, the Secretary of State and through the planning process with the local planning authority, as well as being in line with Kew’s world heritage site management plan.

It is an honour to have participated in this debate. We care passionately about Kew, and we are grateful to the team there for their important work—I think everybody would echo that—and for their sheer enthusiasm.

Stephen Pound Hansard

Long may they flourish!

David Rutley Portrait David Rutley - Hansard

Long may they flourish, grow and prosper—absolutely. Their enthusiasm is infectious, and we are grateful for it. We want them to continue to succeed in the work they do. I hope the Bill will continue to make positive progress through Parliament, so that we can take this work forward.

Madam Deputy Speaker (Dame Eleanor Laing) - Hansard

Thank you.