Building Safety and Social Housing

Debate between Peter Bottomley and Matthew Pennycook

Thursday 6th July 2023 Commons Chamber

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

I apologise for not being here for the first words of the debate. Can I confirm that the hon. Gentleman is saying that what leaseholders need is what social tenants have got: the problem needs to be identified and it needs to be fixed, and then the funding should happen? To wait for the funding is the wrong way round.

[Matthew Pennycook]

I hope the Father of the House will accept that we have argued consistently since the start of this crisis that the Government should step in and fund and then use their power to recover as we go forward, because too many leaseholders are trapped. That is not just in the context of this problem, but due to the wider inequities of the leasehold system, and we need to tackle that problem in due course.

Holocaust Memorial Bill

Debate between Peter Bottomley and Matthew Pennycook

2nd reading
Wednesday 28th June 2023 Commons Chamber

[Matthew Pennycook]

I thank the right hon. Gentleman for that intervention. I agree with him, although he will know of the many voices of dissent both at the time of and in the years leading up to the moment in which we took that stand. As I was going to say, the proximity of the proposed site renders it all the more important to confront openly the ambiguous and varied responses—and there were some—of our country’s Parliament, Government and society to the still unsurpassed crimes that were carried out by Nazi Germany and its collaborators. We have heard about those examples today.

As the debate winds up, I want to take the opportunity, once again, to put on record our thanks to all those who have been involved in advancing this project, and holocaust education more generally, in recent years. The full list is far too extensive to read into the record, but they include the past and present members of the UK Holocaust Memorial Foundation, including the right honourable Ed Balls, the right honourable Lord Eric Pickles and Chief Rabbi Ephraim Mirvis; all those involved in developing the exhibition’s narrative, particularly Yehudit Shendar, who is providing the curatorial lead; all the organisations that have striven to embed holocaust and genocide education and commemoration in our national life, particularly the Holocaust Memorial Day Trust and the Holocaust Educational Trust; and finally, all the holocaust survivors who have campaigned for holocaust education and personally championed the project, including a number who will sadly not now see it come to fruition. In that regard, those of us on the Opposition side of the House think in particular of Sir Ben Helfgott, and convey our thoughts and sincere condolences to his family and friends.

I have felt it necessary to dwell again at some length on the rationale for establishing a national holocaust memorial and learning centre, given the Bill’s ultimate purpose, but as has been mentioned, the principle of doing so is almost entirely uncontested and not an issue that arises directly from the Bill. Instead, the Bill is concerned with making provision for, and in connection with, significant expenditure related to the establishment of the proposed memorial and centre, and removing pre-existing legislative impediments that exist to the siting of it in Victoria Tower gardens, namely sections of the London County Council (Improvements) Act 1900, so that progress towards construction can be made.

I want to make it clear once again that the Opposition appreciate fully that the selection of Victoria Tower gardens as the chosen location for the memorial and centre has attracted robust and principled criticism and, in some cases, outright opposition, including from prominent members of the Jewish community and holocaust survivors. Several of those who contributed to the debate today have articulated some of the criticisms and objections that have been made in that regard. The reasoned amendment in the name of the Father of the House sets out a number of them.

As we have heard, concerns about the proposed location include the impact on the construction process; rising build costs; the potential generation of additional traffic in the area; security risks; environmental protections; the loss of public green space and amenity; and the impact on existing monuments and memorials.

[Sir Peter Bottomley]

When the National Audit Office carried out its report last year, it thought the cost had gone up to £102 million. Since then, we will probably need to add an extra 15%, because of inflation in construction. The expansion at Yad Vashem, which was referred to by hon. Members, was completed for $100 million, so we will be spending much more for much less. I am not saying this to change the hon. Gentleman’s argument—I am grateful for the way he is summarising the debate, and he is doing it very fairly.

[Matthew Pennycook]

I thank the Father of the House. Build cost inflation is a serious issue, not just in relation to this project but across the country. That would be the case wherever the chosen location was if we are to move ahead with the memorial, as we must, but I take his point, which is a good one.

We know the concerns that have been raised about the adequacy of historical consultation. While the planning inquiry that took place in October 2022 enabled all interested parties to express their views and to raise these and other concerns and suggestions, the Opposition believe it is important that those with outstanding criticisms and objections have a chance to express them fully and be heard. The hybrid nature of the Bill and the resulting petitioning window that will be provided as a result of its designation will ensure that they are.

We hope that the Government will reflect carefully on the specific points that have been raised in the debate today. However, it is the considered view of Labour Members that this Bill needs to progress and that, amended or otherwise, it must receive Royal Assent as soon as is practically possible. There really can be no further delay if we are to have any chance whatsoever of having this vitally important project finally completed while at least some of those who survived the holocaust and made Britain their home are still with us. I think that would be the sincere wish of the whole House.

Building Safety Bill

Debate between Peter Bottomley and Matthew Pennycook

Report stage
Wednesday 19th January 2022 Commons Chamber

[Matthew Pennycook]

My hon. Friend makes a very good point, which she has made in other debates in this place with regard to unscrupulous developers operating in her constituency. Changes to company law certainly warrant further consideration in that respect.

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

May I add the problem that leaseholders do not have an interest in a brick of their building and that a claim would need to be made on their behalf by the freeholders to the landlord, who would require indemnity costs from the leaseholders who cannot pay?

May I, through the hon. Gentleman, suggest to the Government that between now and the House of Lords they consider taking a right to take the potential claims by the landlords on behalf of leaseholders into a public agency which can make a public claim against the developers, builders, architects, surveyors, building specification and building controllers, so that money can be brought back from those who were responsible, not the innocent leaseholders who are not?

[Matthew Pennycook]

I thank the Father of the House for that intervention. That is a very good suggestion, which I hope the Minister will take on board and give some considered thought to.

Notwithstanding our concerns with regard to the limitations of the Defective Premises Act, we argued forcefully in Committee for the Bill to be revised so that the period for claims under the 1972 Act be extended from six to 30 years, rather than from six to the 15 years the Government proposed. In response, the Minister urged my hon. Friends to withdraw our amendment on the grounds that a 15-year limitation period was appropriate and indeed that any further retrospective extension beyond 15 years would increase the chances of the legislation being tested against the Human Rights Act and found wanting. Because that argument was never convincing, we are extremely pleased that the Government have reconsidered their position on this matter in the light of the case made by my hon. Friends in Committee, and have brought forward amendments 41 and 42, which provide for that 30-year limitation period, as well as changes to the initial period. We fully support both amendments.

We also believe that new clauses 11 and 12, proposed by the hon. Members for Stevenage (Stephen McPartland) and for Southampton, Itchen (Royston Smith), warrant support. If the Government genuinely believe that litigation has a significant part to play in helping to fix the building safety crisis, they need to give serious consideration to permitting a limited class of claims relating to pure economic loss, rather than just actual physical damage.

Clauses 129 to 134 concern the new homes ombudsman scheme, the creation of which we support, albeit, as the Minister will know, with some concerns about its operational independence and the composition of the new homes quality board. While we remain unconvinced that the new ombudsman and the new code will lead to a step change in developer behaviour and thus a marked increase in the quality of new homes, we see no issue with the scheme being expanded to cover Wales and Scotland, so we support the various Government amendments to that effect under consideration today.

Finally, I want to turn to amendments relating to the fundamental and contentious issue of leaseholder liability. I know I need not detain the House for any great length of time on why it is essential that greater legal protection for leaseholders be put on the face of the Bill.