Leasehold and Freehold Reform Bill

Debate between Nigel Evans and Peter Bottomley

Report stage
Tuesday 27th February 2024 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am sure that everybody heard Madam Deputy Speaker’s request for brevity, as a number of Members wish to get in, and we have to accommodate everybody before 6 o’clock.

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

I agree with a large part of what the Opposition spokesperson, the hon. Member for Greenwich and Woolwich (Matthew Pennycook) said, and with nearly all of what my hon. Friend the Minister said. Where I disagree with the Opposition spokesperson is that I think the Bill is ambitious in what it is trying to achieve, although we would all like it to go further. It is quite remarkable that this is the first major bit of legislation to help leaseholders since 2002—although we have had the Building Safety Act 2022, the Fire Safety Act 2021 and other things, which did some things towards that.

It is remarkable how few people know much about the role of residential leaseholders. They own nothing but the right to live in a home for a period. I declare that I am a leaseholder. I have a flat in my constituency for which there have been no problems and for which the Bill will do neither harm nor good, and I also have another leasehold property. If I happened to gain from the measures, I would give the benefit to a good cause—I am not here for myself; I am here for those who have been suffering for years.

I wish I could be at the Westminster Hall debate on BBC impartiality, but it conflicts with this debate. It is now 20 years since the peace activist and photographer Tom Hurndall was shot by a sniper in Rafah. The subsequent nine months of inquiry by the Israel Defence Forces were shocking. However, I will leave that to the other debate.

On leasehold reform, I believe that we have opportunities—both in the House of Commons and, perhaps more so in the House of Lords—to make significant progress. My hon. Friend the Minister will point out to me the consultation on permitted development rights that started on 13 February. Towards the end of the consultation document, paragraphs 43,44 and 45 appear under the heading:

“Construction of new dwellinghouses on a freestanding block of flats”.

That is a reference to the inexplicable and disastrous Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020—SI 2020 No. 632.

Those emergency covid regulations, accompanied by an economic assessment of which, to put it bluntly, I would have been ashamed were I a better economist, allowed owners, landlords and freeholders of certain blocks to put an extra one or two storeys on top without consulting the existing leaseholders at all. How any Government—let alone one I support—could have done that is beyond my comprehension. There had been a consultation some years before, and the general consensus was, “Don’t do it,” so why has it been done? I hope that people will look at the consultation, which is open until April, answer questions 27 and 28, and give explanations of their own experiences.

A developer tried to put extra floors on top of the St Andrews Gardens building in my constituency. That was turned down flat by the local authority, but its decision was overturned on appeal by the Government inspector. The developer then tried again, advertising for sale flats that do not exist, even though nobody wants them as they will cause significant harm.

My new clause 25, which I am indebted to Liam Spender of St David’s Square in E14 for drafting, says that the landlord or developer will have to pay compensation to leaseholders if the effects on them are harmful. The Minister’s legal advisers may say that the clause is not perfectly drafted, although I think it is pretty good. Even if he cannot accept it now, will he go through the replies to the consultation, have a talk with Members of all parties who represent those affected, and consider whether the Government can bring forward in the House of Lords proposals that would undo the effect of 2020/632 and implement some of the preferred responses to the consultation, to which he may not have time to refer in his winding up?

Horizon: Compensation and Convictions

Debate between Nigel Evans and Peter Bottomley

Monday 8th January 2024 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Father of the House.

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

I refer my hon. Friend the Minister to the article in The Howard Journal of Crime and Justice by M. R. McGuire and K. Renaud, entitled “Harm, injustice & technology: Reflections on the UK’s subpostmasters’ case”.

First, page 444 shows the graph of the prosecutions, which rose from 10 in 1997 to nearly 80 in 2001. The people responsible should have noticed that we were not going to get ordinary, decent people—sub-postmistresses and sub-postmasters—suddenly going crooked on that scale. Secondly, the article talks about the bugs that were named after the sub-post offices where they were discovered: the Dalmellington bug and the Callendar Square bug.

I also refer my hon. Friend the Minister to the article in The Sun about my constituent Cheryl Shaw, who gave up in 2008. Having lost £400 week after week, she brought in the Post Office investigators, who claimed that they could not find anything to explain what was happening. She had to sell out, she lost her home and she took on work as a carer. She is illustrative of those who were convicted and those who gave up before they were prosecuted.

Many people now believe that the Horizon system was set up for one purpose and adapted to another, for which it did not work. When people started entering things twice, there was apparently a loss where the Post Office did not actually lose any money. If the Post Office did not lose any money, how could people have been properly prosecuted? The titanic error was the belief in technology.

[Kevin Hollinrake]

I thank my hon. Friend for his questions. I totally agree that people should be held responsible where, following an inquiry and investigation, they are shown to have wilfully neglected their duties. He raises an important point about the courts’ attitude towards computer and technology-based evidence. My right hon. and learned Friend the Lord Chancellor is looking at that issue too, it having been brought to his attention by Paul Marshall, one of the leading barristers involved in this scandal.

I am sorry to hear about my hon. Friend’s constituent, Mrs Shaw. I take it that she will have applied to the Horizon shortfall scheme, which should compensate people like her. If my hon. Friend would like any help or assistance to make sure that has happened, either for himself or for Mrs Shaw, I am very happy to provide it.

Infected Blood Inquiry: Government Response

Debate between Nigel Evans and Peter Bottomley

Monday 18th December 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Father of the House.

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

Mr Deputy Speaker, I hope that you realise that after I have asked my question, and the SNP spokesperson, the hon. Member for North Ayrshire and Arran (Patricia Gibson), and another Conservative Member have asked their questions, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) will be the definitive person to put to Government what needs to be done.

I say to the Minister and, through him, to our right hon. Friend the Member for Horsham (Jeremy Quin), the Minister’s predecessor, that we are not doing enough, fast enough. How many months have passed since Sir Robert Francis produced his report? I hope the Minister will confirm that it is about 20 months. How many months have passed since Sir Brian Langstaff produced his final recommendations on compensation? It is about eight months. Those are the relevant issues.

The fact that the Government will act 25 working days after Sir Brian’s final report comes out next year does not deal with the issue of what the affected and infected need and should get now. If it is a question of money, how much and the cashflow for the Government, they should say so now. There is nothing that can be said on compensation 25 days after the report comes out that could not be said now, so please will the Minister say it?

Business of the House

Debate between Nigel Evans and Peter Bottomley

Thursday 30th November 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Father of the House.

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

I welcome the news that the Leasehold and Freehold Reform Bill, which will bring in modern housing terms, will have its Second Reading in a week or so. Through my right hon. Friend, may I say to the Government that even if we have to add things to the Bill as it goes along, that is better than having to wait another year for this overdue opportunity to reform effectively the scandalous abuses within leasehold, which are loaded so much against 6 million home occupiers—the tenants of leasehold homes?

I draw my right hon. Friend’s attention to the named day question I tabled for the Foreign Office about the acid attack on Shahzad Akbar on Sunday in England. If Ministers think it is appropriate to make an oral statement, will she please encourage them to do so? It is just as shocking to have a Commonwealth country suspected of an acid attack on one of its nationals—a human rights lawyer—in this country as it was to have the Russian attack in Salisbury and the alleged Indian attack in Canada.

May I ask my right hon. Friend to draw to the Home Secretary’s attention the letter he will have received today from the human rights lawyer Clive Stafford Smith, asking whether the police force in the relevant area was right to assess the risk to this man as low when in fact it was high, and whether is it true that the local police had switched off the automatic number plate recognition system for some reason, when that might have helped to detect the culprits of this terrible acid attack?

Holocaust Memorial Bill

Debate between Nigel Evans and Peter Bottomley

2nd reading
Wednesday 28th June 2023 Commons Chamber

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

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House, while accepting the value of a national Holocaust memorial, declines to give a Second Reading to the Holocaust Memorial Bill because no adequate reason has been given for seeking to build the memorial and learning centre in a long-established small public park, thereby contradicting the Government’s own policies on environmental and green space protection; because the Government has not implemented its 2015 promise to establish an endowment fund for Holocaust education, which would have spread the benefits of the learning centre around the country; because the proposed site is opposed by many in the Jewish community, including many Holocaust survivors; because there was no public consultation on the choice of site; and because there has been no consideration of alternatives to Victoria Tower Gardens since the criteria declared in September 2015 were set aside.”

I am grateful to the Opposition spokesman, the hon. Member for Wigan (Lisa Nandy), and my right hon. Friend the Secretary of State for how they have introduced the debate on the Bill. Just to clear up one thing that may have been inadvertent, my right hon. Friend responded to my intervention by talking about 2016 to 2017. My precise question was on how it went from the UK Holocaust Memorial Foundation’s specification in September 2015 to 13 January 2016, when some say the first suggestion of using Victoria Tower Gardens was considered by the foundation. The Government publicly announced later that month that that was what they had decided. I repeat my assertion that there has been no public consultation on that site.

I meant to start my remarks by saying that, within months of my birth in July 1944, and besides my father getting rather badly injured in Normandy, later that year, Margot and Anne Frank caught typhus in Bergen-Belsen. They died early in 1945. In April 1945, my father’s cousin—my first cousin once removed—Dr George Woodwark was one of the Westminster medical students who went to Bergen-Belsen to try to save as many lives as they could. They did valiant work in appalling conditions.

When I heard directly from George what it was like, I was as moved as I was when I first read reports of the concentration camps, the death camps and the treatment of Jews. That feeling is only reinforced when I go to the Imperial War Museum’s holocaust galleries. If anyone has not done so, I commend them doing so. One only need go there, or look at the online material on the education side, to be reminded that the purpose is, as set out by the UK Holocaust Memorial Foundation, that we should know what was happening when those who survived are no longer with us. There was no intention in the Holocaust Commission report to the Government and there was no intention with the UK Holocaust Memorial Foundation in September 2015 that the memorial had to be up before holocaust survivors had died. That is a later creation and justification, and some regard it as pretty weak.

I think it was 4 November 1952—it was; I looked it up, as I could not remember—when aged eight I first stood outside the Victoria Tower and went into Victoria Tower Gardens after the Queen went to her first state opening of Parliament the year before her coronation. I have lived in this area for 35 years, I have worked here for 47 or 48 years and I was educated here for seven years. Together—some of those years overlap—I think I am probably one of the longest lasting people to have been aware of Victoria Tower Gardens as a quiet place where the local population, those who work here and visitors can enjoy the surroundings.

I have a home here, so people can say I have a vested interest. I have also got a vested interest in having proper education about the holocaust. Since this process started, one of my cousins has established what we knew vaguely, which is that more than 100 of my grandfather’s cousins died during the holocaust. I do not regard myself as Jewish—I regard myself as Christian—but I am proud to be associated with what they went through, which I know is possibly still happening now around the world, whether that is in Sudan, Rwanda, Burundi, Cambodia or Srebrenica. We are not going to stop holocausts by where our memorial is. It is right that we should have one, but the education side matters.

The Holocaust Commission recommended, and the then Prime Minister accepted, that there should be an endowment fund for education. In the years since, that has not happened. We then go to the Government’s commitment that, if the voluntary side can raise £25 million, they will put in £50 million. The Government have now raised that to £75 million. The majority of the money should be spent on education, as set down by the UK Holocaust Memorial Foundation. That has not happened.

The principle of this Bill—here I disagree with the Government—is not clause 2 as well as clause 1, but clause 1; it is regularising future payments. The earlier payments, which amount to well over £17 million so far, have been paid under common law. It is right and necessary that there should now be legislative authority for the Government to spend more and that is why I do not oppose clause 1.

If we go to clause 2, we come to the reasons that I tabled my reasoned amendment. I should say to the Front Benchers that I do not propose to push my reasoned amendment to a vote. A reasoned amendment, to be acceptable for the Order Paper, needs in effect to kill the Bill, and I am not trying to kill clause 1. I am grateful to my hon. Friend the Member for Basildon and Billericay (Mr Baron) for supporting the reasoned amendment, as I know do many others.

Page 10 of the UK Holocaust Memorial Foundation’s proposal for a memorial and learning centre illustrates the acceptable area of central London. It goes from the west of Regent’s Park to Spitalfields in the east and down to Victoria Tower gardens.

I interrupt my flow to say that the inspector, who took over consideration of the planning application by the Secretary of State—this is a planning application by a Secretary of State, albeit one of the previous Secretaries of State—said that he would not be able to consider the Imperial War Museum’s proposals because they were not detailed. I do not think I am giving away any secrets in saying that the Imperial War Museum was told not to provide detailed proposals to the Government’s call for where the site should be and what should be there. The Government are responsible for allowing the inspector to come to that perverse decision that alternatives should not be considered.

The Government, through their foundation—for the foundation is an arm of Government—said, “Where should it be?” Fifty places were put forward and one person—albeit the then chairman of the Conservative party—wrote to a Conservative Minister to say, “Have you thought about Victoria Tower gardens? Perhaps the learning centre could be at Millbank.” The Government later decided that they would put the learning centre and memorial together in this very small royal park, thereby wrecking it.

I say this, through you Madam Deputy Speaker, to the Secretary of State and to the country. If the Government continue with their proposals, they know that there will be a four-year construction programme after permission eventually gets through the Houses of Parliament and the Secretary of State’s junior Minister—I will say his colleague Minister, to put it politely—makes a decision, independently of the Secretary of State as the applicant. That will take, say, another nine months in Parliament. We are talking five years from now, so that takes us to at least 2028—people talk about 2027, but that is unrealistic—for a proposal made in September 2015. If it is important that holocaust survivors can be there for the memorial’s opening, we should not be continuing with this process. Indeed, it is not the one that we should have started with.

I make this proposal to the Secretary of State and the Government: why not have a competition for an alternative memorial by itself? The learning centre can come later; survivors do not need to be waiting for the learning centre. It should be a proper memorial—preferably not the one rejected in Ottawa, which is essentially what we have adopted; although the fins may have changed slightly, it has the same number of fins and the same interpretation—that could be put up in Whitehall, in Parliament Square or on College Green across the road from Parliament. Then, once the education centre at the north end of Victoria Tower gardens is gone, it can be placed there.

We know that space in Victoria Tower gardens will be needed for the restoration and renewal of the Palace of Westminster—I doubt that Parliament Square will be used for that—and we know that memorials can be moved, because the Buxton memorial was moved from Parliament Square to Victoria Tower gardens. We could have a competition for a memorial to be created for less than £20 million and to be erected within two years. We could have the opening ceremony with holocaust survivors there, and then later the memorial could be moved to wherever people chose. That would not be a rush, but it would be three years faster than the current proposal.

The Government are stuck on a course that any sensible person could have diverted them from at any stage. I invite the Secretary of State to ask the UK Holocaust Memorial Foundation to have a roundtable with him, me, Baroness Deech, holocaust survivors and others who are interested from the local community—including the Thorney Island Society, of which I am a member, and London Parks & Gardens—so that rather than shout at each other in public, we discuss the issues together. Suppose that we set the object of establishing, at reasonable cost, a memorial that would open within two years as an alternative to this process? I am not saying that we should stop the process straightaway; they could run in parallel and then we could have the option between my proposal and what the Government appear to be committed to.

I commend the House of Commons Library’s good briefing on this saga. It is pretty comprehensive, although in my view it does not give quite enough attention to the September 2015 specifications. Let us remember what they were. One was that the local authority would approve the plan. Westminster City Council was not going to do so, and that is why a former Secretary of State took the decision away from the council. There was consultation with local people, who overwhelmingly and rationally argued against putting the memorial in Victoria Tower gardens, and especially having this tank of a learning centre associated with it.

After that, either the UK Holocaust Memorial Foundation or the Government—I cannot remember which—got a firm to go and stand outside asking, “Would you like to have a holocaust memorial?” A load people put a tick, as many people in the establishment have to this proposal. It was not argued. My hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) could probably give more evidence if she chose to. That was bogus and irrational. Then, we come to the planning process, which I do not want to go into.

To those who think the way I do, in whole or in part, I commend not voting against Second Reading, but not voting for it. That will show that the Government have not been able to establish large numbers of people in support of it. We will have a separate debate on the instruction, and I will invite colleagues to vote with me on that. When we come to it, I will argue more about the hybridity.

I am probably the only person in the Chamber who was present when Michael Heseltine conducted the Labour Back Benchers as they sang “The Red Flag”. Something peculiar had happened in the votes on the hybridity of the Aircraft and Shipbuilding Industries Bill, which had been classified by the Speaker as hybrid. The then Labour Government put down a motion disregarding that. There was a draw on the first vote, so the Speaker left things the way they were. On the second vote, when the Speaker would have pushed things backwards had there been a draw, the then Government managed to create one more vote in their favour, which led to a degree of uproar. Speaker George Thomas—Viscount Tonypandy—dealt with that quite effectively when it came back to the Chair, then suspended the House and let the apologies come the following day.

That hybridity issue caused embarrassment to the Government. This one does too. When the hybridity was announced, the Government claimed that they were pleased, but they had spent all their time in the weeks before arguing against it being hybrid. It is hybrid because it affects other people’s interests. When it comes to the instruction, I will go into more detail, but now I want to say, in friendship to my right hon. Friend the Secretary of State, that he should try the alternative process in parallel. In private or in public, he should say that if we now want the memorial very close to Westminster, which “we”—I say that in quotation marks—did not in September 2015, and if we want it open before the last holocaust survivors die, that will not happen in the next five years under the present plans. He should think of an alternative, and compare the merits of both.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will now announce the result of today’s deferred Division on the Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023. The Ayes were 373 and the Noes were 28, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

Infected Blood Inquiry

Debate between Nigel Evans and Peter Bottomley

Thursday 22nd June 2023 Commons Chamber

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

Further to that point of order, Mr Deputy Speaker. As one of the people who served here with Winnie Ewing, may I say that the words of the hon. Member for Perth and North Perthshire (Pete Wishart) will be echoed by many others?

[Mr Deputy Speaker (Mr Nigel Evans)]

Winnie was a formidable politician in three separate Parliaments— I do not know whether that is unprecedented. She was a formidable voice for Scotland and her passing will leave a vacuum in the world of politics, not only in Scotland but throughout the United Kingdom and, indeed, in Europe. I ask the hon. Member for Perth and North Perthshire (Pete Wishart) to pass on to her family the deepest condolences of the British Parliament.

Building Safety

Debate between Nigel Evans and Peter Bottomley

Monday 30th January 2023 Commons Chamber

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

I am a leaseholder without any problems. In 2002, 20 years ago, Parliament and the Labour Government passed leasehold and commonhold reform, but the commonhold bit did not work.

I welcome what my right hon. Friend has said and I hope that the House will manage to pass the Law Commission’s proposals on the reform of leasehold and commonhold and that we will be able to make progress. Incidentally, that would make the value of leasehold properties higher and the revenue would in part go to the Treasury, so his colleagues in government should be helping him to get this legislation brought to Parliament, not hindering it.

I also welcome what my right hon. Friend has announced on commissions. Can he find a way of ensuring that leaseholders who pay for buildings insurance become a party to the insurance policy, so that when things go wrong they can appeal to the insurance ombudsman and not be cut out because they are only paying and do not own the bricks?

Those responsible for the defects all had insurers, including the developers, architects, surveyors, component manufacturers, building control and, as my right hon. Friend has said, the Government in setting standards. I suggest that he re-engage with the insurance industry, because if people can take over the claims from those who have had losses—including the leaseholders and, for that matter, some of the landlords—and have a class action, the insurers will have to contribute significantly more than they are at the moment. There is much more progress to be made, so will he and his colleagues ensure that they carry on listening to the leaseholders and their representatives, and hopefully, in time, to the representatives of commonholders too?

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Please can I ask everyone to focus on asking single questions? Otherwise, it will be well after 1 o’clock before we get on to the Adjournment debate tonight.

Covid-19

Debate between Nigel Evans and Peter Bottomley

Tuesday 12th January 2021 Commons Chamber

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

I thank the hon. Member for Leicester West (Liz Kendall) for her response to the Minister’s introduction to this important debate. I take as the theme words from the annex to the Joint Committee on Vaccination and Immunisation advice, which said that we had to

“maximise benefit and reduce harm”.

Before I make some suggestions that are intended to be helpful to the Government and to the JCVI, I wish to read out a few words that have arrived just now from one of my mature constituents:

“My husband and I were advised on Saturday evening…that the vaccination was available to us on Sunday”—

late afternoon—

“We attended the…Health Centre at that time.

We are writing to say how pleased we were to be offered the jab so quickly and by the way we were looked after at the centre…The staff were very efficient and helpful and made the whole event as stress free as possible.

All credit to all concerned especially those at the Barn Surgery.”

That has been typical for many of the 2 million or so who have already been vaccinated or had their first jab, and we hope it will be true for many, many more.

Let me discuss the problems. I was disappointed to hear that dental staff were not originally allowed to get the vaccination, as they were not directly employed by the NHS, even though they were NHS service providers. I hope that situation has been changed. I feel strongly about another small group, those with motor neurone disease, because of friends of mine who have had the condition. In Northern Ireland, people with that condition were immediately regarded as extremely vulnerable, although that was not necessarily so in England. Perhaps the Minister will say, either in this debate or at some other stage, whether or not that is so.

There are those whose absence from work makes a big difference to the service for the rest of us, and I would argue that reasonably healthy people in their 70s, such as me, can delay our vaccination so that younger people who are not critically vulnerable but whose work is critical to those who are vulnerable, such as the police and education staff—teachers and their support staff—can be vaccinated early. That will mean that they do not have to stay off work when there is some sort of threat around. I hope that the JCVI will find some way of bringing vaccinations for them forward as fast as possible.

There are other issues that I can go back over when an inquiry is held, but now is not the time to go into them in detail. However, I commend the wise family doctors and wise hospital doctors who from January a year ago were telling me things that would have made a significant beneficial difference had the Government picked them up earlier—or the NHS had picked them up earlier, because this is not all about the Government.

I want to talk about the excluded—those who do not have regular jobs, those who were properly paid income as directors. They have been excluded for too long—

[Mr Deputy Speaker]

Order. The time limit has gone. I am terribly sorry, Sir Peter, but we have to move on. The clock is not on the next speaker, the Front-Bench spokesperson for the Scottish National party, Dr Philippa Whitford.