Levelling-up and Regeneration Bill (Sixteenth sitting)

Emma Lewell Excerpts

Committee stage
Tuesday 19th July 2022 Public Bill Committees

As I have highlighted, the Government published a call for evidence on a short-term accommodation registration scheme on 29 June so that we can better understand the positive and negative impacts of holiday lets on local communities, and that consultation runs until 21 September. We want to hear from a wide range of stakeholders, including local authorities, in order to build a much-needed evidence base on the issues and develop proportionate responses. I hope the hon. Member for Westmorland and Lonsdale will be reassured—although I am not absolutely sure he will be—that we are taking the matter seriously and are taking onboard his concerns, and will continue to do so.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

The Minister mentions a consultation that will end on 21 September. If it recommends putting what is being asked for into the Bill, will he come back and do that?

[Mr Jones]

For a number of days now, issues have been raised in Committee that it is right for us to reflect on. Clearly, 21 September coincides with the last day of this Committee’s considerations but, as the hon. Member knows, that is not the end of the process. I am not in a position to confirm what she asks for, but it is important that matters drawn to the Government’s attention in Committee are considered carefully. We will see what amendments are tabled on Report, by the Government and by Opposition parties. On that basis, I hope that the hon. Member for Westmorland and Lonsdale will withdraw his amendment.

Levelling-up and Regeneration Bill (Fourteenth sitting)

Emma Lewell Excerpts

Committee stage
Thursday 14th July 2022 Public Bill Committees

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

In relation to consultation, the Minister just said that it depends on what the Secretary of State thinks is appropriate. Is there anywhere else in our legislation where things are left to the whim of a particular Secretary of State in that way? I cannot believe that the Minister thinks that is an acceptable way to conduct planning.

[Mr Jones]

I thank the hon. Member for her question. We need to look at what is being put forward today. Clearly, the passage of the Bill has some time to run, and we have to look at this issue in the context of the national planning policy prospectus that is being put out later this year so that hon. Members get a wider understanding, and I hope they will be able to respond to that.

[Mrs Lewell-Buck]

I thank the Minister for giving way again. Surely the prospectus should come first, before we consider implementing this legislation. It seems like things are being done in a completely back-to-front way, and I do not understand why. This is not a good way to make legislation.

[Mr Jones]

I understand what the hon. Member says, but clearly this process will take some time. There are other parts of the process that follow today’s proceedings and Committee stage. By the time we get to that point, I am sure hon. Members will have been able to see the national planning policy prospectus and understand it more fully.

Levelling-up and Regeneration Bill (Thirteenth sitting)

Emma Lewell Excerpts

Committee stage
Tuesday 12th July 2022 Public Bill Committees

[Mr Jones]

I thank hon. Members for their contributions on the amendments. It has been a somewhat lively debate. I will miss the conversations that I have had week on week with my hon. Friend the Member for Buckingham, but I am sure that those calls from me to him will now turn into calls from him to me as he pursues me, probably weekly if not on a more frequent basis.

The amendments, which aim to make the same change to clause 83—namely, to ensure that development plan policies always take precedence over national development management policies—come from the collective commitment of the hon. Members for Nottingham North and for Greenwich and Woolwich to support local democracy in planning. However, it is the Government’s view that it would be counterproductive to amend the Bill as proposed. Clause 83 reforms decision making, strengthens the role of the development plan, including local plans and neighbourhood plans, in practice. It states that the relevant decisions, for example, on planning applications will only be able to depart from the development plan where

“material considerations strongly indicate otherwise”.

It would no longer be enough for those other considerations merely to “indicate otherwise”, something that can be exploited to override local decisions. This will be the biggest change to the basis of planning decision making since the early 1990s, and will ensure local and neighbourhood plans have greater primacy.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I am curious as to whether the Minister can give us an example of what will be designated a national development management policy?

[Mr Jones]

I am not in the position to give the hon. Lady that example today. As she knows, such policies are often developed through the process of making primary legislation, and then are developed beyond the process we have before us today. I take her comment.

As part of the reform, we are also introducing statutory national development management policies. Those policies would sit alongside those in local plans when relevant planning decisions are made, with clear statutory weight. National development management policies will be primarily those nationally important policies used for making decisions. The hon. Member for South Shields should note that a current example is green belt protection.

There are several reasons why we think national development management policies are an important and positive reform. First, they will make it easier for local authorities to produce their local plans. By dealing with universal planning considerations nationally and giving them the same weight as the plan, local authorities will no longer need to repeat those matters to ensure they have sufficient force.

Secondly, introducing national development management policies means that local plans can focus on matters of genuine local importance to communities—saving time and money for authorities, and making plans more locally relevant and easier to use. Thirdly, it will be easier for applicants to align their proposals with national and local policy requirements—something which we expect to be of particular benefit to small and medium-sized builders.

Fourthly, it will provide greater assurance that important policy safeguards that apply nationally, or to significant parts of England, such as protections for areas at risk of flooding, policy on climate change, and policies to protect the green belt, will be upheld with statutory weight and applied quickly across the country, including when any changes are made.

That brings me to the heart of the issue outlined by the hon. Member for Greenwich and Woolwich about the national development management policy taking precedence over local plans. It is extremely important to reiterate that where we have local plans that become very out of date, it is important that the protections set out in national policy continue to be reflected in the decisions.

Finally, this framework of basic national policies can guide relevant planning decisions if a local plan is significantly out of date and cannot be relied upon in certain respects. Introducing national development management policies and giving them statutory weight is, therefore, important to creating much greater clarity around the role of national policy in decisions. Increasing this clarity is crucial to reducing the number of planning appeals local authorities face, and therefore reducing the number of unanticipated developments communities face on their doorstep as a result. That point has been made a number of times this afternoon. That clarity also reduces the cost associated with those appeals, enabling local authorities to divert their resources to planning positively for their area. I think I can safely say that that is an outcome that we all want to deliver.

The amendment deals specifically with what to do in the event of a conflict between national development management policies and the development plan when a planning decision must be made in accordance with both. As I have indicated, I believe the current clause is a necessary safeguard in situations where plans are out of date and important national policies on the environment or other matters need to be reflected fully in decisions.

To explain that more fully, some local plans are woefully out of date. We heard one example in Committee this afternoon and there are a number of examples across the country where the plans, although not quite as out of date as the one mentioned by the hon. Member for York Central, have been out of date since the 1990s.

Levelling-up and Regeneration Bill (Seventh sitting)

Emma Lewell Excerpts

Committee stage
Thursday 30th June 2022 Public Bill Committees

[Rachael Maskell]

I am grateful to the hon. Gentleman for highlighting why it is so important to sew that principle right through the Bill to ensure public consultation—including in clause 7. It is an important principle which is why I hope that the Government will accept the amendments.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

With respect to the hon. Member for Keighley, clauses 42, 44 and 45 do not relate to consultation at the initial stage of CCAs, but that is what we debating now, is it not?

Levelling-up and Regeneration Bill (Eighth sitting)

Emma Lewell Excerpts

Committee stage
Thursday 30th June 2022 Public Bill Committees

[Neil O'Brien]

I do not want to critique the decisions of the last Labour Government; I am merely pointing out that there was an acceptance of asymmetric devolution throughout that time, for all kinds of reasons of practicality.

The hon. Member for Nottingham North said earlier in the debate that the default should be alignment. We fundamentally do not agree with that, for reasons of localism; it is not what every local area wants. He also asked why these devolution deals are different, and mentioned two examples: the West of England not having a precept, and Cambridgeshire and Peterborough not having development corporations. The reason why those areas are different from the others is that that is what local people wanted, and it is what local leaders would agree to. That was their choice. That is localism, and that is generally the case for most of the variations in devolution agreements. It is about what local political leaders wanted to agree to—it is fundamentally about localism.

However, that is not the only reason why devolution agreements differ between areas. I will be candid: there are things that make it possible to go further in some areas than in others. It is partly about geography; does an area’s combined authority—the CCA, potentially—fit with the governance of the thing for which the area is trying to devolve powers? Is there geographic alignment, or will it take time to achieve in respect of various public services? Are local partners—perhaps the NHS, in the case of Greater Manchester’s health devolution agreement—ready to work with an area? Has an area been working on it for a long time prior to the devolution agreement?

In some cases, there is a tie to whether an area has a directly elected leader. We are clear that we prefer the direct accountability and clarity that comes with the directly elected leader model, which is why the framework we have set out enables places to go further if they choose to go with that model. In some cases, in respect of things such as the functions of a police and crime commissioner, we are not legally able to devolve powers to someone who is not directly elected.

I said earlier in the debate that, fundamentally, we will not make progress and the devolution agenda will not make progress if we have to move in lockstep—if a power offered to one place has to be offered to all. To quote the great Tony Blair,

“I bear the scars on my back”

from negotiating all these devolution agreements in Whitehall. It is no small thing to get elected Ministers of the Crown to give up their powers to people in different political parties. It is the case that different places are ready to do different things, and it is important for them to do different things.

It is not the case that there is no framework—a framework is set out on page 140 of the levelling-up White Paper—but it is clear that there will be variation within that. It is a basic framework. Indeed, the White Paper includes principle three, on flexibility:

“Devolution deals will be tailored to each area”—

they will be bespoke—

“with not every area necessarily having the same powers.”

It does, though, set out what may comprise a typical devolution deal at each level of the framework. It is clear from our experience that we can add to devolution deals over time, that areas will have more ideas about the things they want to pursue, that they will get ready to do new things and that we can go further over time. It is an iterative process, not a once-and-for-all deal.

The hon. Member for Westmorland and Lonsdale asked who this is for—is it for Whitehall or for the people? I put it to him that our flexible model is for the people, not for Whitehall. Tidy-minded Whitehall officials would love nothing more than to have a rigid framework in which “Each of these things must mean exactly the same. If one’s got it, everyone must have it. We’ll put you in a grid. Oh, the matrix is not right!” I assure the hon. Gentleman that Whitehall would love that. It would absolutely adore that—it is what Whitehall would fundamentally like. Our approach rejects that bureaucratic approach and instead gives people what they want locally and what they are ready for in an area. Doing that enables us to make iterative progress.

I am not having a go at the Opposition, but we inherited a situation in which there was no devolution in England outside London. We have been able to make progress partly because we have been able to work iteratively. If we had said in 2014, “If you are offering these new and novel powers to Greater Manchester, you must offer them to every other single place in England,” we would never have got anywhere. It is as simple as that. We have to work iteratively, and by doing so we have made good progress.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I am a little confused. My understanding was that the amendment does not say it has to be the same everywhere. It simply says that if an area requests a power that people have elsewhere, the Secretary of State should grant that request. I think the Minister misunderstands what the amendment is about.

[Neil O’Brien]

I think I have directly addressed that point. I reject the Opposition statement that “The default should be alignment.” I have taken on quite directly the point that it is about not just each area wanting different things but different places having different geographies that do or do not fit with different local partners. It is the case that different places do or do not have the agreement of local institutional partners and it is the case that some places are more or less ready and have further institutional maturity and, indeed, that we continue to add to that. I am not hiding or running away from the fact that part of this is about a view of what is achievable, along with, most importantly, what local places want. I am grateful to the hon. Lady for giving me the chance to take that on directly. I will not hide from the fact that that is one of the reasons for variation. My final point is that one reason why we are able to make progress is that we can move the convoy not at the speed of the slowest.

Levelling Up

Emma Lewell Excerpts

Wednesday 2nd February 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We really cannot have long preambles: one question to the Secretary of State, please.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

In South Shields: freeport bid—rejected; levelling-up bid—rejected; towns fund bid—rejected; transport funding—rejected. We have suffered Tory cuts of nearly £200 million. Tinkering with our governance alone will not change a thing. The Secretary of State once praised policies that, in his own words, meant

“the happy south stamps over the cruel, dirty, toothless face of the northerner”.

Is he proud that he has managed to do exactly the same again today?

[Michael Gove]

I think that South Shields does deserve better. That is why we are going to work with the North of Tyne Mayor to ensure that across Tyneside, both north and south, we have the right structures and the right investment in place.

Post Office Court of Appeal Judgment

Emma Lewell Excerpts

Tuesday 27th April 2021 Commons Chamber

[Paul Scully]

My hon. Friend raises some interesting points, and we certainly need to reflect on the wider implications of the situation. Clearly, the independent inquiry is addressing the direct implications on those sub-postmasters and as they affect Post Office Ltd moving forward, but there are also other implications that the Government need to consider.

[Mrs Emma Lewell-Buck (South Shields) (Lab) [V]]

Convicted, jailed, persecuted, taken their own lives, made bankrupt, reputational damage and mental and physical anguish for years, yet still no one at all at the Post Office or Fujitsu has been held to account for this horrendous injustice. There are also those in Government who became acutely aware of this scandal, yet remained completely passive in their duties on the board of the Post Office. Is it the Post Office, Fujitsu, or some Government Members that the Minister is protecting by resisting a statutory public inquiry?

[Paul Scully]

No, indeed. We want to make sure that we can get these answers quickly for sub-postmasters who have already waited up to 20 years for a sense of justice. As I have said, statutory inquiries can take more than three years to get these answers. I want a report on my desk this summer to report back to postmasters, and Sir Wyn is getting the co-operation that he needs to get answers.

Greensill Capital

Emma Lewell Excerpts

Tuesday 13th April 2021 Commons Chamber

[Paul Scully]

I am not aware of any communication between Ministers and the British Business Bank about the accreditation of Greensill, which was made independently of Government. There is an ongoing investigation into Greensill, so it would be inappropriate for me to comment at this time.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Five years ago this week, the former Member for Bolsover was asked to leave the Chamber for using unparliamentary language towards David Cameron regarding his personal finances. Does the Minister now agree that he was, and indeed remains, dodgy?

[Paul Scully]

No.

Building Safety

Emma Lewell Excerpts

Wednesday 10th February 2021 Commons Chamber

[Robert Jenrick]

We do not want any leaseholders to be paying for fire safety defects; we want that to be paid for by the building owners, the developers and the builders—the people who did this in the first place. As I said, there are circumstances where that is not possible, because there are building owners who no longer exist, who have gone bankrupt or who are shell companies overseas. That is the world we are dealing with. This is complex and multifaceted; it is not simple. In those situations where that is not possible, buildings above 18 metres, where the greatest risk lies, will take advantage of the new scheme and no leaseholder in that situation will have to pay for the remediation of unsafe cladding. Below 18 metres, where the risk is significantly lower, guided by our expert opinion, the financing arrangements will be in place. This is a comprehensive plan to provide comfort, reassurance, certainty and confidence to as many leaseholders as possible.

[Mrs Emma Lewell-Buck (South Shields) (Lab) [V]]

Yesterday, it was revealed that the company that made the Grenfell Tower cladding shamefully and knowingly sold flammable materials to construction projects because it was about £4 cheaper than fire-retardant cladding. It has taken the Government all these years to propose measures that will stop companies prioritising savings over life, yet they still have not bothered to identify all the buildings, including care homes and hospitals, that may have unsafe cladding. Why is that?

[Robert Jenrick]

The hon. Lady is wrong; as a matter of fact, we moved swiftly. We set up the Grenfell inquiry, which has heard those shocking allegations. We brought forward the Judith Hackitt review of building safety, which concluded that the regulatory regime needed to change. We have drafted and are now bringing forward the legislation to do that. I hope that the hon. Lady and Opposition Members will vote for the Fire Safety Bill and the Building Safety Bill when they come before this House soon, because that is the best way of creating the new regime, holding developers to account and making sure that local fire and rescue services and councils have the powers they need to take action against unsafe buildings.

I, too have been shocked by the allegations I have heard at the inquiry, which is why, as an interim step, before we hear the judge’s recommendations, I have announced that we are going to create a new national regulator of construction products and that I am going to review the testing procedures for construction products, which seem to be woefully inadequate.

CCRC Decision on 44 Post Office Prosecutions

Emma Lewell Excerpts

Monday 5th October 2020 Commons Chamber

[Paul Scully]

Yes, the Honours Committee and any future employers need to look at the background of any person involved in this. However, as I said, the inquiry is independent, and I do not want to stamp my authority on it. It is now for Sir Wyn Williams to question people and get answers. I want everyone, including people at the Post Office who were involved and are now no longer employed there, to engage in the process.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

For years, pleas from MPs to address this scandal have been ignored because of the Government’s cosy relationship with the Post Office. My constituents Kevin and Julie Carter and Dionne Andrew, like hundreds of others, have had to fight for justice every step of the way as they try to clear their names. They have lost more than the Minister can ever comprehend. What protections will the Government put in place so that never again can powerful organisations behave in this way and use the criminal courts with such unaccountability?

[Paul Scully]

I am glad to report that the Post Office is not using private prosecutions any more—the Justice Committee met last week to talk about private prosecutions—but the hon. Member is absolutely right to talk about her constituents and the losses they have suffered. I am glad that the independent inquiry will be able to get to the bottom of that to make sure that it can never happen again.