Planning Process: Probity

John Howell Excerpts

Thursday 11th June 2020 Commons Chamber

[Christopher Pincher]

The planning law in this country is very clear, as the hon. Lady knows. I suggest that she go and read it.

[John Howell (Henley) (Con)]

Does my right hon. Friend agree that the probity of the planning system has been enhanced by the Secretary of State’s decision to proceed with South Oxfordshire District Council’s local plan and that the holding of an examination in public online is a very good, transparent way of proceeding?

[Christopher Pincher]

Virtual proceedings are an effective way of ensuring that the light of public interest shines upon planning decisions, and I think the decision made in respect of South Oxfordshire was the right one. As I have said before, we will act always with fairness and probity, but we will also act to make sure that the Government’s objectives to build more homes in the right places—the sorts of homes people want and need—are met.

Horizon: Sub-Postmaster Convictions

John Howell Excerpts

Wednesday 10th June 2020 Commons Chamber

[Paul Scully]

As I have said, the terms of reference of this review are deep enough to get to the bottom of exactly what has happened. The fact that the chairman, who will be appointed, is independent of Government, independent of Post Office Ltd, and will have the freedom to be able to go and find evidence to complement the evidence that has already been published by Mr Justice Fraser in his judgment means that there will be plenty to draw on in order to come to conclusions and recommendations.

[John Howell (Henley) (Con)]

Does the Minister not accept that this is as big a scandal as that of the Guildford Four? Although the settlement was reached by mediation, which I approve of, much of that settlement was taken away in cash for lawyers. Can we not do something to ensure that the settlement justifies the indignities that many of these people have had to suffer?

[Paul Scully]

With regard to the scale of the issue, I agree with my hon. Friend that this has gone on for so long and has involved so many people who have suffered as a result, some with their lives, as we have heard. The point is that the mediated settlement was between the Post Office and the sub-postmasters who took out that group litigation. I am pleased that it came to a conclusion, but, as a result of that, the Government cannot enter into a new discussion with the Post Office on that basis.

Community Housing

John Howell Excerpts

Thursday 12th March 2020 Commons Chamber

[Mr Richard Bacon (South Norfolk) (Con)]

It is a pleasure to lead this Adjournment debate, the subject of which is support for community housing—a phrase that comes from the 2019 Conservative manifesto, on which my Conservative colleagues and I fought the recent general election. The manifesto, perhaps for lack of space, conflates two of my life-favourite themes: first, giving people in local communities more real say over the housing that is to be built in their areas; and secondly, self-build housing. On the latter, I declare two interests: first, because what is now known as the Self-build and Custom Housebuilding Act 2015 started life as my private Member’s Bill; and secondly, because I am an ambassador for the Right to Build Task Force.

Under the heading “Community housing and self-build”—which I should emphasise for the sake of clarity are by no means entirely the same thing, although there is often an overlap—the Conservative manifesto helpfully states, on page 31:

“We will support community housing by helping people who want to build their own homes find plots of land and access the Help to Buy scheme.”

I could hold at least three separate Adjournment debates purely based on that one sentence—first, because there is a great deal to say about community housing and the very successful community housing fund; secondly, because there is also a great deal to say about helping people who want to build their own homes, either as individuals or as members of groups; and thirdly, because there is a great deal to say about the fact that the Help to Buy scheme unfairly and inadvertently excluded custom and self-build from its scope. Although that omission was acknowledged and recognised by the Government in 2014, it did not lead to any action being taken until the 2019 manifesto commitment, so in fact there has been an extended period of unfair competition from state-led intervention, subsidised by our tax-paying constituents, which effectively has operated against self-builders and in favour of large house builders, thus limiting supply and choice while reducing overall quality, sustainability and innovation.

However, I do not want to talk about that—first, because my right hon. Friend the Minister knows that I am a “glass half full” kind of guy, and there is much that is positive to talk about; and secondly, because my conversations with Ministers have convinced me that they are seized of that particular problem in relation to Help to Buy, which I hope will in due course be called “Help to Build”, and genuinely want to find a solution that works for self-builders rather than discriminates against them. In the limited time available, I will concentrate just on the first part of the sentence—namely, support for community housing.

[John Howell (Henley) (Con)]

As my hon. Friend knows, I was the person who invented neighbourhood plans. I have a local plan in my home constituency for a town that has some land that it wishes to develop, but it is having enormous problems with the community land trust model in trying to do so. Does my hon. Friend think that that is typical of the problems of the community land trust route, or does he have a solution?

Planning for the Future

John Howell Excerpts

Thursday 12th March 2020 Commons Chamber

[John Howell (Henley) (Con)]

As the Secretary of State is aware, I have been much involved in reform of the planning system under previous Governments, and I urge him to be radical when he produces his White Paper. I am glad he has retained his commitment to involve local communities. Strengthening the role of neighbourhood plans against the problems put in their way by district councils would be a very good way of taking that forward.

[Robert Jenrick]

My hon. Friend raises an important point. There is evidence that some local plans have been undermined and that the hard work put in by local communities has not reaped the benefits those areas would have liked—they can spend years creating plans only to see development happening on other sites, not those they have chosen themselves. We are reviewing that, taking examples from across the country where we think that has happened and trying to learn lesson from it, and I hope that will feed into our work and create a strengthened plan-making system in the future.

Post Office and Horizon Software

John Howell Excerpts

Thursday 5th March 2020 Westminster Hall

[Lucy Allan (Telford) (Con)]

I beg to move,

That this House has considered the Criminal Cases Review Commission’s process for review of convictions relating to the Post Office and Horizon accounting system.

It is a great pleasure to serve under your chairmanship, Mr McCabe, and a privilege to have secured this debate. Following the completion of the litigation process, I am sure it will be the first of many on different aspects of this miscarriage of justice.

I pay tribute to those who have fought the corner of postmasters affected by the Horizon IT system over many years, particularly Lord Arbuthnot of Edrom and my hon. Friend the Member for North West Leicestershire (Andrew Bridgen). I also pay tribute to the right hon. Member for North Durham (Mr Jones) for his sterling work, my hon. Friend the Member for Woking (Mr Lord), who has worked so hard on the terrible case of Seema Misra, and many other Members across the House who have long campaigned on this issue.

I pay a particularly special tribute to those Post Office workers and campaigners who have had to overcome the myriad obstacles and hurdles that have been put in their way over the years. I am humbled by their fortitude and dignity, as they have continually—indeed, stoically—endured much in many ways, as their quest for justice goes on.

I have not come to Westminster Hall today to level criticism at the Post Office, nor to set out the background to the successful group litigation against the Post Office. I have no need to do so because the honourable Mr Justice Fraser, who I am sure will eventually go down in history as the next Lord Denning, has already comprehensively done so in his very fine judgments, particularly that handed down on 16 December 2019. I will, however, draw attention to the way in which the Post Office embarked on what appears to any outside observer to have been a war of attrition against its former employees throughout the litigation process, repeatedly appealing every decision, seeking to recuse the judge, and appealing the judgments that were handed down. That war of attrition ground down the claimants and forced them into a settlement, most of which will go towards meeting their legal fees.

[John Howell (Henley) (Con)]

My hon. Friend makes a valid point about the settlement. The case was supposed to be settled through a process of mediation. The settlement came to more than £57 million. Does she not think that it is outrageous that most of that sum is going to lawyers, which brings into disrepute the whole process of mediation—and I say that as a mediator myself? It is outrageous that mediation can charge so much for what was a fairly straightforward operation.

Housing and Planning

John Howell Excerpts

Tuesday 3rd March 2020 Westminster Hall

[John Howell (Henley) (Con)]

I have been involved in planning for most of my working life. I wrote “Open Source Planning”, which helped to guide the reforms of 2010 and 2011; I helped to draft the national planning policy framework; I sat on the local expert planning group, which sought to simplify planning; and most recently I have been the Government champion for neighbourhood planning.

My conclusion from all of that is that the plan-led system we now have is so complex, with so many layers and so many tweaks, that it is no longer fit for purpose, particularly in relation to the delivery of housing. The plan-led system is

“less effective than at any time in the post-war era”.

Those are not my words but the words of Nick Raynsford, whose report on this I found very interesting.

Affordable housing is falling by the wayside. Its quality is highly dubious, and there is a loss of public trust in planning as the most fundamental aspect of this approach. A fundamental reform is required, and I am happy to remove the party political influence of councillors from individual applications, because I am keen to ensure that neighbourhood plans play a much greater role in keeping the involvement of local people in the planning system.

However, there is one more important reform that we should bring in: the use of mediation in the planning system, instead of a costly appeals mechanism. In 2008, the Killian Pretty review said that an alternative dispute resolution—meaning mediation—should be used as a speedy alternative to appeals. The essence of mediation, of course, is that the mediator decides nothing. The process is facilitative and allows the parties to the case to formulate their own solutions under guidance. It can be used for highways, compulsory purchase, sorting out claims however they arrive, and sorting out the thorny issues of section 106 agreements. There is a role for mediation at the beginning of the process in generating the scope of a project and ensuring that local views or needs are included.

Why should mediation even be considered? First, it has been an outstanding success in other areas, including the construction industry, where it is used effectively, but also in other areas of life. The essence of that should be used in the planning system to speed up reform.

Holocaust Memorial Day

John Howell Excerpts

Thursday 23rd January 2020 Commons Chamber

[John Howell (Henley) (Con)]

I start by picking up where the hon. Member for East Renfrewshire (Kirsten Oswald) left off: like her, I have been to Yad Vashem, the World Holocaust Remembrance Centre, many times over the past few years. It has been a very moving experience, which I shall never forget, no matter how many times I go back. Two things stand out in my memory. The first is the objectivity of the displays—they do not try to dress up the holocaust; they explain it as it is. The second is the timeline there—it illustrates not just what happened when the second world war started, but the timeline before that and the sort of words and feelings that started the whole process that led to the holocaust. The purpose of Yad Vashem is a noble one: to keep alive the memory of what happened and to remember the individuals who died and were murdered in the holocaust. In other words, it links history and memory.

We have also mentioned that this is the 75th anniversary of the liberation of Auschwitz. I have been to Auschwitz on a number of occasions, too, and its grim state provides a very good reminder of the terrible atrocities that took place there. For me, however, the most important concentration camp that I have been to is outside Lublin, in eastern Poland. Why was it so memorable? Because when I went there on a glorious spring day, there were lots of flowers around in the concentration camp. Those flowers were growing because they were built on the bodies of people who had been cremated and murdered in that concentration camp. It was an irony that we still had the glory and beauty of those flowers against such a terrible atrocity.

I am a trustee of the Holocaust Memorial Day Trust, which is responsible for running the event, and we have heard that this year, it has a theme—“stand together”. The trust asked us to identify an individual that we could mention during the debate, but I am not going to do that. Instead, I am going to put on this yarmulke in order to remember the 6 million Jews who were killed during the second world war. It is important that we do that, but it is important, too, that we recognise that other genocides have occurred, apart from the holocaust. There have been genocides in Cambodia, Rwanda, Bosnia and Darfur.

[Dame Margaret Hodge]

The hon. Gentleman is making a very powerful statement and I congratulate him on it. Today is the day when the issue of the Rohingya Muslims and whether there is a genocide is being considered by the International Court of Justice. It is sobering thought that that judgment is happening on the day that we are debating the holocaust. Does he agree that lessons are not always learnt? I hope that the ICJ comes to a sensible judgment and that that influences what happens in Myanmar and the treatment of the Rohingya Muslims.

[John Howell]

I completely agree. The Holocaust Memorial Day Trust uses the definition that genocides are those that have been declared by the United Nations, so the quicker that that moves on—so we can see what happened there—and the judgment is made, the sooner we can include Burma in the list of places where genocides have occurred.

In addition to the 75th anniversary of the liberation of Auschwitz, it is also the 25th anniversary of the genocide in Bosnia, and we should remember that as we go through Holocaust Memorial Day. The Holocaust Memorial Day Trust sets out to bring together thousands of people across the UK, who participate in different programmes, many of which are originated by communities and schools. They all participate in remembering, and tens of thousands of activities take place during the day. It also organises the UK ceremony that takes place next week, to which I hope a number of Members here have been invited, because it is a great thing to do. Sadly, I will be away at the Council of Europe, where I expect we will have our memorial to those who were killed in the concentration camp near Strasbourg, which we went to see last year.

Finally, the words of Sir Nicholas Winton, who rescued almost 700 children from Nazi-occupied Europe, should be taken to heart when we think back to the holocaust:

“Don’t be content in your life just to do no wrong, be prepared every day to try and do some good.”