Surplus Rental Income
I beg to move amendment No. 85, in page 38, line 4 leave out subsections (6), (7) and (8).
The purpose of our amendment is to challenge the Government on this clause, which proposes to claw back surplus rental income. Although we suggested in Committee that the whole clause be deleted, we are now by the amendment trying to delete the final subsections so that, if the Secretary of State were to claw back the surplus rental income he would not be able to use it in any way. In other words, our amendment would neuter the purpose of the clawing back. Today has been a strange day for me, as I have experienced a case of upstairs and downstairs. Today, in the Finance Bill Committee, on which I also serve, we discussed housing. The Government's attitude in that Committee contrasts strongly with the statements by the Minister of State in the Housing Bill Committee. This afternoon we discussed the business expansion scheme and, when we put to the Financial Secretary the phrases that the Minister of State introduced so often into our debates on the Housing Bill, such as the social charter and the social rented housing sector, a phrase that he used earlier in this debate, those statements were rebuffed by the Financial Secretary and his supporters, who want to push housing into the fair winds of the private sector without any social protection whatsoever. A conflict is emerging at the heart of the Government's housing strategy. It has been put together in a piecemeal fashion. When we were discussing the Housing Bill in Committee, the civil servants were drawing up proposals to undermine the Bill by the business expansion scheme included in the Budget. The Minister appears to be trapped in trying to find the difficult middle way between the public and private sectors. He is trapped at the heart of the Government's policy towards housing associations. In Committee the Minister often used the phrase "meet me in the middle". Earlier, one of his colleagues was anticipating his early retirement from his post. He may well go down as the Minister of "meet me in the middle". One of his typical remarks in Committee was, "Come a bit further to meet us and I am sure that together we can do a great deal more." He has echoed those words as he has gone round to meet members of the housing association movement to suggest that he is holding to the difficult middle way between the public and private sectors. Although the Minister may support the social aspects of the policy, the Secretary of State is firmly undermining the market aspects of the policy, so they contradict one another and the Minister is overruled. If the axis lies between the public and private sectors, where will the housing association movement fit under the Bill when, in the past, it has lain between the two sectors, with some support from each? Will it be pushed into the free market and be unprotected or, even worse as is suggested in the clause, will its revenue surplus be milked? Although it makes a profit in the free market, that profit will be clawed back by the Government in a form of interference that undermines the whole policy of the free market.My hon. Friend is making a good point about the money being milked. Has he noticed subsection (3), which states:
The Secretary of State could fiddle the books so that it would look as though the association was making a surplus, when it was not really doing so, and he could then milk the money."the surpluses in respect of a period shall be calculated in such manner as the Secretary of State may from time to time determine"?
Order. I am sure the hon. Gentleman will bear in mind the fact that we are discussing subsections (6), (7) and (8)—not subsection (3).
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Thank you for that advice, Mr. Deputy Speaker. I would add only that what happens to the surplus and how it is determined is a moot question affecting the entire clause. I hope that my hon. Friend's points are taken on board by the Minister and that we get a reply so that we do not get the impression that the Secretary of State wants to fiddle the books in the background once the projects have gone ahead.
Earlier in the debate I was surprised to discover that Conservative Members, especially the hon. Member for Darlington (Mr. Fallon), did not seem to have the foggiest idea about housing associations. The hon. Gentleman intervened to correct my hon. Friend the Member for Knowsley, North (Mr. Howarth) when he was describing the funding structure. It is worth reminding ourselves that at the moment housing associations are funded not only by the housing association grant, which is commonly known by the acronym HAG, but by a residual mortgage loan, which is provided either by the Housing Corporation or by a local authority. I should like to emphasise the role played by local authorities in the past.Will my hon. Friend explain that it is common practice in the Civil Service that, whenever a brief is prepared, any abbreviations in the speech are set out in full? For the record, and to ensure that there is no misunderstanding when people read Hansard, will my hon. Friend explain precisely what HAG is, so that nobody could possibly conclude that he was continually referring to the Prime Minister? I am sure that you, Mr. Deputy Speaker, would intervene if you thought that my hon. Friend was doing that.
I am sure that you would intervene in those circumstances, Mr. Deputy Speaker, and I can assure my hon. Friend that HAG refers to housing association grant. I serve notice on my hon. Friend that I shall refer later in my contribution to GRF. which is another technical term with which we should all be acquainted. It means grant redemption fund, which is the clue to the whole purpose of the clause and the amendment.
Apart from the acronyms for describing the legislation relating to housing associations, I am struck by the fact that Conservative Members seem to fail to acknowledge the central role played by local authorities in supporting housing associations in the past. Yesterday, for example, the hon. Member for Leeds, North-East (Mr. Kirkhope) failed to acknowledge that. Although the hon. Gentleman claims to be a supporter of housing associations, he is prepared to speak and vote against the very means of supporting them in the form of local authority funding. Unless Conservative Members are aware that local authorities contribute to the funding of housing associations, the means of funding them will not be properly understood.Does my hon. Friend agree that local authorities and housing associations have rarely disagreed about their respective functions and that local authorities, like housing associations, recognise that the councils used to provide the bulk of rented accommodation and that housing associations played a minor role? The housing associations have never disputed that. The extent to which the Government now want housing associations to take over the major responsibility for rented housing goes not only against the wishes of local authorities, but against the wishes of the overwhelming majority of housing associations, which understand that they have a more modest role.
I am grateful to my hon. Friend for that intervention because he reminds us—I am sure that all hon. Members could give examples of this—of how closely housing associations have worked with their local authorities to draw up various proposals. The very amount of housing association grant is determined once the final scheme costs and the amount of fair rent are known. Drawing up such schemes and getting to that equation demands a great amount of work, in co-operation with local authorities, to put the package together.
I do not want to stop my hon. Friend's flow, but I do not agree with the point that he has made several times. I find it more than a little irksome when my hon. Friend keeps saying that, by their very nature, local authorities work closely with all housing associations. That is not quite the truth. I wish that my hon. Friend would take account of the fact that in some areas the old Coal Industry housing association did not always find favour with the local authorities. Local authorities were keen to ensure that their houses were brought up to a decent standard and they allocated sums of money per house. The Coal Industry housing association ran into a lot of trouble in its later period and paid little attention —especially when MacGregor was at the helm—to providing amenities and ensuring that houses were brought up to a decent state of repair. I hope my lion. Friend will ensure that in all future references he does not make a general point about the "natural togetherness" of the two bodies. In doing so he frustrates my hon. Friend the Member for Don Valey (Mr. Redmond), who, I think, wants to point that out.
I am grateful to my hon. Friend for making that point. I do not think that I said that all housing associations had such a relationship. I agree that the relationships between local authorities and housing associations have been patchy.
In making the equation to get access to grant, the housing associations believed that the grant would cover the unexpected increase in cost or any unforeseen delay in implementing the contract. In the past, housing association grant has been available to meet the full costs of repair works to properties. When rental income—after deductions for management of housing associations have been made and day-to-day and cyclical maintenance have been carried out—does not meet the mortgage repayments, there is usually a discretionary revenue deficit grant—or, for hostels, a hostel deficit grant—which is made by the Secretary of State to tide them over and ensure that projects are viable. These projects will not be viable under clause 50. Although Conservative Members say that they are friendly towards, and supportive of, housing associations, their legislation proves the exact opposite. Under clause 45, the Housing Corporation alone wili be given the power to make grant payments, but the removal of the power of local authorities to pay housing association grants on behalf of the Secretary of State will end local authority funding for housing associations. No mention is made of housing association payments for major repair schemes where the local authority holds the mortgage for the original scheme. At present, the Housing Corporation will fund major repairs for such schemes only if no, or only the minimum, housing association grant was paid on the original scheme. Clause 50 replaces the existing grant redemption fund —I apologise if I refer in future to GRF—with a provision for a rent surplus fund, to be established where a housing association has previously received housing association grant under existing legislation or where it receives the new housing association grant once the legislation becomes law.I have looked at the figures for housing associations and am interested in the idea of the "rent surplus fund". Rents for housing associations have increased substantially, while housing benefits have decreased. For many low earners, annual rents can be 40 per cent. or more of their annual income. How can there be a rent surplus fund? Is it not purely at the expense of the low earners, who are paying such huge amounts? Surely it is wrong that the Secretary of State should take unto himself and the Treasury powers to take that money from the housing associations and out of the pockets of those poor individuals. Is that not a scandal?
My hon. Friend has done his homework well, because when, in 1987, the Department of the Environment published proposals for financing housing associations, the Government envisaged that there would not be a rent surplus fund, since a surplus would not arise on new schemes combining public and private finance. That was acknowledged in that consultation document last year. Why will the Government not take notice of that advice and incorporate it in the Bill? Instead, we have a provision that reflects the rubber stamp of the Secretary of State.
Pensioner couples in my constituency have had their housing benefit reduced by over £5 a week, yet they are facing increases in rent and service charges—the latter being a vague area which many tenants do not properly comprehend—by the Anchor housing association. Any rent surpluses should be used to keep rents to the absolute minimum for tenants who are struggling to make ends meet under this vicious Government, who are robbing them of housing benefit.
My hon. Friend highlights where this surplus money will come from. When, in Committee, we asked the Minister whether increases in rent would be matched by housing benefit, he said that they would. But the graph of housing benefit in the public expenditure White Paper shows that housing benefit is being reduced each year. There is no sign in that White Paper that housing benefit resources will be increased to pay for the rent increases that will occur under this measure.
The Minister told me in Committee that he would give me a prize if, on reading the Official Report of the proceedings, I found six references to the Bill providing housing benefit. Such references do not exist, because the Minister has not obtained from the Treasury a commitment to fund the housing benefit. The result will be not only increased rents, but people having to find the money from elsewhere to pay those increases. And when the housing associations have rent surpluses, that money will be creamed off under this provision.Housing associations would like to be in a position to charge fair rents. Under the Bill they will have no alternative but to grant tenancies on an assured basis, and that will represent a market rent. This will be a devastating blow to those who in the past were helped by housing associations but who will now be offered accommodation at a rent which most people in housing need will consider exorbitant, and who, if they had that sort of money, might wish to buy their own homes.
That is right. My hon. Friend the Member for Bradford, South (Mr. Cryer) speaks of those who will have to pay rent increases, and my hon. Friend the Member for Walsall, North (Mr. Winnick) points out that those increased rents will be at market levels because housing associations will lose their protection under the Bill. As a result, the Secretary of State will be able to direct housing associations to set rent surplus funds, from which he will be able to claw back surpluses accruing from higher rents.
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My hon. Friend is making a good point. As you probably noticed, Mr. Deputy Speaker, he is keeping very close to the terms of the amendment. He is telling us all about clause 50, and HAG, GRF and all the rest of the gang. What worries me is what will happen to the money that is clawed back. I want to know whether in Committee they discussed what the Secretary of State will do with the surplus money. We know that there is a balance of payments deficit approaching £7 billion. It will increase as North sea oil is gradually frittered away. Has my hon. Friend discussed where the money is going?
There is a suspicion in my mind, based upon the information which my hon. Friend has given us, about where the money is going. I suspect that it will be used to balance the nation's books. So people who are up to the neck in debt and who cannot make ends meet will be helping to meet the growing deficit in the balance of payments so as to keep the Tory Ministers in jobs. I want to know——Order. That is enough for an intervention.
That is an important point. In Committee we did not discuss what the Secretary of State would do with the surplus, because we expected the Minister to withdraw the clause, not least because the National Federation of Housing Associations had petitioned him to do so because it wanted the grant redemption fund to be abolished. Unfortunately and surprisingly, the Minister was not prepared to withdraw the clause in Committee.
My hon. Friend has asked a good question. I suspect that the money taken from people who had their housing benefit cut and who have had to find extra money to pay their weekly rent will go into the surplus fund and will be clawed back. No doubt that money will be used for future business expansion schemes that are put forward to fund private landlords who want to develop housing which will give no protection to tenants.Before he goes on to the iniquitous business expansion scheme, can my hon. Friend clarify whether, when this was discussed in Committee, the Minister was aware of cases like that of a widow in my constituency who in March was paying in rent and rates, after a rebate, £3·96 a month but in April was paying £144·22 a month? Is that what is building up the surplus? Is that what the Secretary of State means when he says that rents are far too low and will have to be doubled? Is it to go towards the new surplus fund which will not be ploughed back into housing but will help bail out the Government?
As always, my hon. Friend gives the details graphically. He has spelt out the impact of the Government's cuts in housing benefit, despite the fact that the Prime Minister stands at the Dispatch Box and announces that everybody is benefiting from prosperous Britain. My hon. Friend has a reputation for regularly pointing out the lie of that claim.
Will my hon. Friend bear with me? Does he agree that, when we talk about a rent surplus, we should bear in mind cases such as that of a constituent of mine, a lady in her 70s, who burst into tears when explaining to me at my surgery a substantial rent increase which she could not afford? Does my hon. Friend agree that that was embarrassing and distressing for me as a Member of Parliament? I never thought I would see the day when a person in her 70s would burst into tears in my surgery because of the hardship that she was suffering over rent increases, even though I explained to her that, since she had lost much more than £2·50 per week, there would be at least partial compensation. [Interruption.] It is easy for Tory Members to make derogatory noises. I wonder what they would say to their own constituents who are in the same position as my constituent. It is disgusting when such people are penalised day in, day out.
The clause will result in many people going to their housing associations and bursting into tears after being asked to pay increased rent and then being told that they will be evicted if they are unable to make up the difference between the shortfall in their housing benefit and the new market rent needed to generate the surplus that will then be creamed off.
Does my hon. Friend agree that, since 1979, successive Conservative Governments have attacked public expenditure and sought to reduce it, and by so doing they lowered income tax? One wonders whether it is the Government's intention to claw back any surplus in order to make further tax concessions to their rich friends in the City. Does my hon. Friend agree that such is a possibility? If it is not, perhaps the Minister will say so.
My hon. Friend has cited a classic case of taking money from people who need it in the publicly supported sector whom we have always supported in the past. Earlier in this debate, and in the debate on the Finance Bill, there were expressions of surprise that there was no longer a consensus on housing policy. When the House is presented with clauses such as this, which suggests that surplus rents should be used to cut income tax to 20p and put more money in the pockets of those who are already better off, it is hardly surprising that there is no consensus.
Does my hon. Friend concede that subsection (6) makes it clear that interest too can be demanded by the Secretary of State, so that people who have lost housing benefit, who have been penalised because they have a pension, and whose rents have rocketed to record levels, may not only see surpluses clawed back by the Secretary of State for another, no doubt nefarious purpose, but may also be confronted with interest at penal rates?
My hon. Friend refers to a point made earlier, when the subject of interest was debated in relation to another clause. Section 53 of the Housing Associations Act 1985 provides that any associations receiving a grant and whose projects yield a surplus arising from increased rental income are required to establish a grant redemption fund. The purpose of that provision has always been to allow the Secretary of State power to recoup the original grant over a period of time. This clause would reinstate that provision with vigour.
Both my hon. Friend and the National Federation of Housing Associations have pointed out that there is no need for redemption fund arrangements, which in the past have yielded only relatively modest sums for the Government and the Housing Corporation. Nevertheless, those "modest" sums are gleaned from the pockets of precisely the people to whom my hon. Friends have referred.The more that my hon. Friend goes into this horror story, the more it seems to me that a better choice of words for the graph and the Bill would be the Capitalist Robbery Action Programme. Will my hon. Friend care reflect on the acronym for that, because it seems rather appropriate?
I thank my hon. Friend for putting it into plain language. Anyone who is struggling to understand the Government's policy must wonder why on earth this proposal to milk back the increase and route it into the central kitty for the purpose of making further tax cuts can be explained as freeing the market and generating profits that can be used however the market wants.
We cannot at this stage suggest that the clause be deleted, although that is what we would like to do. Instead, the amendment seeks to ensure that the Secretary of State cannot use any means, whether by paying back and cutting taxes or through the business expansion scheme, to take away that revenue surplus. In that sense we would urge the Minister to step back from the proposal and support the amendment.Is my hon. Friend referring to HAG or GRF or CRAP? My hon. Friend the Member for Sunderland, North (Mr. Clay) referred to the Capitalist Robbery Action Programme. That sums it up in a nutshell, and from now on, my hon. Friend the Member for Leeds, West (Mr. Battle), who knows all about these matters, should refer to the combination of GRF and HAG under the title of CRAP. I am trying my best to get it in the Official Report.
The title chosen by my hon. Friend the Member for Sunderland, North (Mr. Clay) to describe the scheme finds an apt response in the Government's consultation document. There we read about this great deregulation proposal and how it will affect housing associations. It says:
we shall come to those later—"If rents are to keep pace with those applying to mixed funding schemes"—
The Government have introduced another phrase in that Document—"sensible rent policies". I should be interested to know what they are because we have already had references to market rents and affordable rents. Is that another category in the ragbag in the Government's rent policy?"surpluses are therefore likely to build up and it seems necessary to contemplate the retention of the present GRF machinery in some form as an offset to the relatively generous initial HAG payment. As an incentive to efficiency and to the maintenance of sensible rent policies, however, it would seem desirable to enable associations to retain a proportion of those surpluses."
In Committee, the Minister said that the words "sensible" and "affordable" were interchangeable. He never defined them in terms of pounds and pence, but since they are interchangeable the hon. Gentleman may feel free to use either.
I am grateful for that comment on he Minister's language. He seems to use many interchangeable phrases but there is no flesh and blood on, or definition of, any of them. It reminds me of the social charter that we were promised for the landlords, which has done something of a disappearing act. It simply is not in the Bill. There is no substance or reality in the Minister's words and that sums up the difficulty. He puts smooth words on the policy but the Bill hits tenants hard and pushes housing firmly into the private rented sector.
Various titles which make it easier to follow the debate have been suggested. We have heard about HAG and GRF and CRAP, but may I suggest another? We have discussed how money will go to the Treasury and be wasted on all sorts of things for the Government's friends. Could we not call that Squandering Housing Income from Tenants, which could also be known by its initials?
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I am convinced that my hon. Friend's long description of that policy fits tidily with the other description. It reveals what is at the heart of the policy. As for whether the terms are interchangeable, I refer that to those who may have better knowledge.
Let us get away from HAG and the rest, and turn to the new financial arrangements set out in the consultation paper "Finance for Housing Associations: The Government's Proposals". The Government come up with proposals for how to use the surplus which are very interesting. They suggest that retained surpluses will be needed to fund the proposed progressive phasing out of grant for major repairs and the service deficits which many associations are incurring. The document also acknowledges that surpluses will need to be accumulated to strengthen associations' balance sheets to attract loans from the private sector. The problem is that those proposals are undermined by the proposals in clause 50.If associations have surpluses, the Government intend to claw them back. If they do not, how can they attract the private sector money? It is a contradiction in terms.
I am grateful to my hon. Friend for making the point so clearly and succinctly. Housing associations that take part in schemes funded partly by private borrowing and partly by public grant will be expected to bear the major risks, as the grant is likely to be determined when a scheme is first drawn up and will not be increased to take account of any unforeseen or increased costs. That will mean that schemes are not viable.
To expect housing associations to bear the full burden of the risk is also to take away the prospect of their building up any form of surplus that would enable them to take such risks in the first place. It is the same as the equation of capital receipts, in which the Government claw back money to prevent development work from proceeding. The Minister needs to explain how housing associations will be able to build up the reserves to enable them to develop and manage the houses that they already have and hope to extend. They will not be free to do that; they will be chained down because the surplus on the rental income is being clawed back. A letter from the Hanover housing association is very pertinent to the clause. It says that the National Federation of Housing Associations' stanceThat is a new acronym for me to introduce to hon. Members."is to compromise by discussng the extent of a set-off for major repairs; and long term effects of the ADP."
The letter continues:"Abolish GRF in principle, but in practice mitigate it."
Throughout the Committee stage we were promised that the discussion would come later. The Minister said that if we would come a little way to meet him he would come a little way to meet us, and that if we withdrew our amendments he would table amendments on Report that would take account of our objections. The reckoning time for the Minister is now. Where are the Government's amendments to meet our objections in Committee? By and large they are not there. We asked for more than 101 concessions on the Bill and those requests can be found in the Hansard report of the Committee's proceedings. However, the Government's amendments that we have considered over the past few days and those we are considering now show that the concessions that the Minister promised have not been delivered. It is not surprising that many people are now cynical about the Government's approach to their Committee work and the way in which Bills are brought before the House and are developed. The letter continues:"We are also told GRF is not a matter for the Housing Bill, but for discussion later."
"We were also told GRF is not a matter for the Housing Bill, but for discussion later. Why? GRF was created by statute, and can be abolished by statute. There have been so many changes to the current Housing Bill—why not the addition of a clause abolishing GRF?
I want to repeat that—The writers represent two very different housing associations—one national, specialist, principally newbuild, paying GRF; the other community-based in London, traditionally rehab, in receipt of RDG. Yet we and many others that we have spoken to agree totally that the abolition of GRF is the single most important matter"—
I hope that that goes some way to answering the point raised earlier."the single most important matter affecting housing associations today, and must be accomplished quickly if we are to continue to keep our properties in good repair and produce new homes to the standard and quality that our customers, and the government expect in an era of mixed funding."
The letter from which my hon. Friend has quoted makes his point very well.
Will he speculate on the problem facing housing co-operatives which are affected by the same funding regime? My hon. Friend the Member for Leeds, West (Mr. Battle) has quoted a housing association with a wide asset base commenting on the effect that the funding regime will have, while housing co-operatives do not have that wide asset base because they have few assets.I am grateful to my hon. Friend for reminding me to make that point and I hope to comment on that in detail later.
The Minister must tell us whether he will continue the 100 per cent. funding for housing co-operatives. Without that funding, they will fail, go under and have no chance. At this late stage, we hope that the Minister will come clean and tell us whether he intends to continue that funding. If he will give us that commitment now, it will save us time later.I am afraid that I must disillusion my hon. Friend if he expects the Government to make any concessions that would be helpful to tenants in the private sector. The whole thrust since 1979—I keep repeating this —has been against tenants in the public and private sectors. Successive legislation has borne down on tenants. We must understand that each successive Bill gets worse as it progresses. It becomes more of a mess and the anomalies are sorted out in the courts. The Secretary of State has to come back to the House to rectify matters. I am sorry to have to disillusion my hon. Friend, but we can expect no concessions from the Government.
My hon. Friend has introduced a hard note of disillusionment. I try to retain hope that the Government might change their mind, but perhaps that is a false dream.
I believe that the Government might change their mind because I find it totally inexplicable for Conservative Members to claim to support housing associations in the press and in public—as the hon. Member for Leeds, North-East claimed—but to vote in Committee and on Report for the clauses that damage housing associations.I have had to listen to an awful lot of nonsense tonight. I am quite prepared to sit here and listen —as I must—to the hon. Gentleman and his colleagues going on and on, but most of what they have said is pretty irrelevant. However, I would be grateful if they would keep me out of this. I am happy to sit here, but please would hon. Members not bring all this irrelevance and nonsense into the discussion.
With the greatest respect, it is a little late in the day for the hon. Gentleman to say that we should leave him out of this, because he has publicly claimed to participate in the debate. I know that housing associations in his constituency have petitioned him on this matter and expect him to represent them.
I do not know where the Secretary of State is now—probably asleep—but is not his one virtue that he states facts and opinions frankly and does not beat about the hush, like the hon. Member for Leeds, North-East (Mr. Kirkhope)? In his Second Reading speech at the end of October, the Secretary of State emphasised rented accommodation in the private sector and paid little attention to housing associations. He probably takes the same view on housing associations as on local authorities. He basically wants the bulk of rented accommodation to come from the privately rented sector, with a clear profit for landlords and property companies.
In public, Conservative Members are caught in the same trap as the Minister. The Secretary of State wants privatisation, and tenants to be pushed into the fair winds of the free market, and as soon as Conservative Members are leaned on by their constituents and constituency associations, they make statements, for example in the Yorkshire Evening Post, about how supportive they are of housing associations, while they vote for clauses that will damage associations.
I wish to be left out of what I consider to be a wholly irrelevant filibustering attempt. I should like to be involved in a sensible discussion in sensible circumstances on the future of housing associations and the benefits that they can obtain from Government proposals. I have not been petitioned, as the hon. Gentleman suggested, by housing associations in my constituency. That is nonsense and I should like him to withdraw that allegation. I have been involved in constructive discussions, listening to anxieties and passing them on to the Minister. I am happy that many of these proposals reflect those anxieties and will be of great help to my associations.
I do not intend to withdraw what the hon. Gentleman calls an allegation, because I know it to be true. I need only repeat the sentence in the letter which states:
I know that the Leeds federated housing association mentioned that in its submission to the hon. Gentleman. He simply says that he has passed anxieties on. Perhaps that is what many Tory Back Benchers say whenever they meet a problem. Perhaps they say, "I'll look after you and pass on the matter to the Minister." They believe that that is action, but they do not know what goes on in our long hours of debate when we go through the Lobbies and approve clauses that damage the people whom they say they will support. That should be public information."the abolition of GRF is the single most important matter affecting housing associations today."
Does my hon. Friend agree that the position of the hon. Member for Leeds, North-East (Mr. Kirkhope) is analagous to that of the first world war parson who used to say to the troops departing for the trenches, "May God go with you and I will go as far as the railway station,"? Is that not what he is saying to the Leeds housing associations?
My hon. Friend, with the eloquence that has marked him out tonight, picks up another characteristic which perfectly describes the actions of Conservative Members.
On a point of order, Madam Deputy Speaker. I am sorry to interrupt my hon. Friend's speech because I know that he is just getting going, but I draw your attention to the fact that the hon. Member for Leeds, North-East (Mr. Kirkhope) referred to filibustering. You know better than me, Madam Deputy Speaker, that filibustering is in breach of the Standing Orders; it is not permitted and it would be a criticism of your conduct in the Chair. I would be grateful if you could confirm that the Standing Orders have been complied with.
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The hon. Gentleman can leave this matter in my capable hands. I am in charge of this debate for the next few hours and I shall see that it is conducted properly.
I was tempted to ask the hon. Member for Leeds, North-East to withdraw his allegation of filibustering, because I have tried hard to stick to the detail of the clause. We are discussing the Bill precisely because the Government have tabled amendments at a late stage and that has not enabled us to discuss them properly in Committee.
Does my hon. Friend agree that the hon. Member for Leeds, North-East (Mr. Kirkhope) has failed to grasp that subsections (6), (7) and (8) give a new power to the Secretary of State to Build Additional Liable Levied Surpluses—or BALLS to the hon. Gentleman?
I hope that the hon. Member for Leeds, North-East will carry that message back to the housing associations when they call him to account should he vote with the Government against our amendment.
Mixed funding is an important issue to consider. Yesterday the Minister—I hope that he has now woken up —referred to mixed funding as an experimental scheme despite the implications that it is going ahead with a speed that is incompatible with experiment. The housing association movement is being shifted into mixed funding whether it likes it or not. The Minister admitted that a mistake had been made in the first year when he said:We are getting used to housing policy being developed as we go along. Later in his speech, the right hon. Gentleman referred to the "experimental mixed funding scheme" and"the mixed spending scheme has only just started with a tiny sum of money in the first year and the grant levels too low. Therefore, we have put more money into it and we are developing it as we go along. The scheme is now beginning to work."
How long will the experiment last and how will its effects be assessed? How is the experiment reconciled with the way in which his Department and the Housing Corporation are now pushing mixed funding as though it were going out of fashion? There is no experiment. What we have is a forced changeover to mixed funding without any time or mechanism for properly assessing the consequences for housing associations and for tenants, for whom we are particularly concerned. There are no proposals for assessment. How things have changed since the Minister stood up in Committee and said:"the second year of the experimental programme". —[Official Report, 13 June 1988; Vol. 135, c. 85.]
The Minister is pushing the Housing Corporation into mixed funding like a bat out of hell. It is not a question of treading carefully, and tenants of the housing associations will pay the price."we must go carefully with the introduction of mixed funding scheme". —[Official Report, Standing Committee G, 9 February 1988; c. 726.]
As my hon. Friend goes on in the House he will realise that, unfortunately, the Minister to whom he is referring is not responsible. We must look to the Secretary of State, who has gained a hard reputation on every Bill with which he has been concerned. One day I hope that someone will take him to the Ridley evangelical hall, which is just off Queenstown road in Battersea, where he might be converted. He could then introduce some positive legislation that does good for housing and local government instead of mounting constant, vicious attacks on both.
My hon. Friend is right. I am sure that the Secretary of State regularly advises the Minister to get on with it and push them into the private sector, regardless of the consequences—and to drop his references to the social charter, and so on.
My hon. Friend the Member for Leyton (Mr. Cohen) has a copyright on this, too. While we are discussing the Secretary of State, and as another contribution to our collection of acronyms, it strikes me that the Bill could be described as a private rented income crookery kit. The acronym for that would be a good description of the Secretary of State.
The ingenuity of some of my hon. Friend's attempts to characterise the Bill defies description. The Minister should explain the Government's intentions toward the speed of transfer to mixed funding. What is his commitment to small-scale housing associations, particularly to those that meet the needs of the ethnic minorities in inner cities? The co-operatives are all continuing on a 100 per cent. pack. Has that commitment been dropped? Will they all be pushed into mixed funding with indecent haste?
The Minister said that mixed funding was experimental—but is it? The Housing Corporation is pushing housing associations to change over to mixed funding now, and yesterday the Minister referred to housing associations overbidding. They are overbidding because the Housing Corporation is exhorting them to change over. If the hon. Member for Leeds, North-East thinks that that is irrelevant filibustering, he must face up to the small housing associations in his constituency. They also exist in the constituencies of other Conservative Members. He must tell them how they will survive when they lose their 100 per cent. because of having been pushed into mixed funding.I am amazed at this term "overbidding". I have details of disrepair among houses in London. The number of houses needing more than £5,300-worth of repairs was about 255,000 when the Government came to office in 1979, and 360,000 in 1984—up by 42 per cent. It has probably risen considerably since then. Most of those houses are in the private sector, the very sector in which the housing associations will need to be active to get the houses back into use, so that they will not lie empty. How can the housing associations be overbidding when the extent of the problem is so great?
My hon. Friend has done his research and is well aware, as are Conservative Members, of the submission that those of us who served on the Standing Committee received from the National Federation of Housing Associations. The document was called, "Rents, Rights and Risks". I am sure that the hon. Member for Leeds, North-East will have read it in detail, given that he says that he passed the federation's concerns on to the Minister. One of the things that the federation highlighted was the need to manage the speed of change. It wanted the change to be gradual, because of the backlog of repairs, to ensure that their organisations kept going.
The effect on small associations and on rents needs to be carefully assessed, as does the ability of housing associations to attract the private finance that the Minister and Secretary of State seem to think will beneficently flow to them once they are pushed into the freedom of the open market. If they are to attract private finance on reasonable terms and bear the risks that the Government ask them to bear, their request to shift gradually to mixed funding, rather than to be forced over to it, should be taken seriously. In Committee, the Minister gave the cosy impression that he was willing to accept the argument of the National Federation of Housing Associations that was presented in the document entitled "Rents, Rights and Risks". He said:He also said:"The introduction of the mixed funding will not be total. A considerable number of 100 per cent. funded schemes will continue, we shall go carefully and watch how the mixed funding schemes work."
In March he commented on the increased percentage of the housing association grant. I apologise for again dragging HAG into the argument. The Minister spoke about the increase in housing association grant for mixed funding as an experimental scheme. He said:"We are in early and experimental days. That is why we must go carefully with the introduction of the mixed funding scheme,"—[Official Report, Standing Committee G, 9 February, 1988; c. 725–6.]
Despite the reasssuring warm words from the Minister, all the signs are that the Department of the Environment, pushed by the Secretary of State and the Housing Corporation, is pressing ahead at great speed with mixed funding schemes without waiting for their effects to be properly assessed. Obviously, there are dangers in doing that, especially in working with private finance—which is precisely the purpose and point of the Bill. The experience, especially of smaller associations, of the changeover to mixed funding shows that it is not experimental. The small associations will be firmly priced out. The change to mixed funding is going ahead and its speed shows that the interests of smaller associations, those dealing with special needs and housing co-operatives, are no longer the Government's priority. Yet the Government claim that housing associations were set up to look after such interests. That policy is being undermined by the clause. Will the Minister guarantee that 100 per cent. publicly funded schemes will continue for small associations? That guarantee is vital to the existence of emerging associations, especially those associations dealing with ethnic minorities and to co-operative housing associations. If the Minister cannot give that guarantee, there is little prospect of those associations getting started. If they do, they have little prospect of ever being able to increase their housing stock, the housing stock they have will decline and they will not be able properly to repair it. Do the Government intend that associations that cannot use mixed funding, for whatever reason, should develop or will they fall behind as the lame ducklings of the clause?"I am grateful for the slightly grudging welcome that the hon. Member for Hammersmith (Mr. Soley) gave to the increased HAG rate in the experimental scheme …The experimental scheme—this is still its second year—will have now a higher percentage rate than we first set out." [Official Report, Standing Committee G, 3 March 1988; c. 1350.]
One can only conjecture about the possible strategy of the Government. Could it be that the Government intend deliberately to run down properties by withholding finance? That would bring them to a state of disrepair and the private sector, the sharks from the City, would be allowed to come in and take over valuable assets at a cheap rate.
My hon. Friend makes a helpful point. Once such a takeover happens, the properties may well benefit from the business expansion scheme, the £500,000 tax gift that has been given to private landlords. There would then be no controls on rents or measures for the protection of tenants in property that has fallen into disrepair. They would be completely removed from the social charter. As we said earlier, business expansion scheme landlords will not be covered by the social landlord charter and will be free to do what they want. As my hon. Friend reminds me, the Government's policy has been to undermine the housing associations and, if the Minister continues to withdraw public support, there will come a point when they are no longer sustainable.
3 am We should be aware that the housing association grant is being cut from 80 per cent. to 50 per cent. All those measures mean that housing associations can no longer fund inner-city projects. A practical example of that is in Leeds, where many of the rows and rows of back-to-back houses had, not surprisingly, many cellars. When they were knocked down, it was difficult to build on that land without filling in the cellars. However, once a cellar is filled in on a building contract, that counts as an abnormal cost, which then pushes up the cost. If an association does not receive public support for that, or if it built on land on which there had been a gasometer, the land becomes sterilised and extra funding is needed to make it viable to build houses in inner-city areas. That cannot be done without public subsidy.It has crossed my mind that it is not just inner cities. The Government have made great play about inner cities and they attempt all sorts of things, but we know that that is a load of whatever acronym was used way back. I am worried about what will happen to agricultural land that is set aside and not used for agricultural purposes for several years. There is compensation of about £200 per hectare. When the farmer has that, along comes a developer, who manages to gain planning permission on land that used to be agricultural, and they make money that way as well.
I do not know whether my hon. Friend has discussed that at any level. It is not just a matter of inner cities. A great deal of money can be made. Housing associations obviously would not benefit, but it is conceivable that some of the surplus funds that are creamed off could be used for those purposes.My hon. Friend makes a good point. Perhaps the Bill should be called not the Housing Bill, but the Housing Market and Sales Bill, because that is really what it is. An interesting point in the discussions on the Bill has been the background debate emerging between the Secretary of State for the Environment and the right hon. Member for Henley (Mr. Heseltine), the previous Minister of Defence, who seems to take the line that we should not build in the green belt because he wants developments in the inner cities, supported by public subsidies. That is a contradiction of the heart of Government policy because the Secretary of State for the Environment appears to believe that the free market means that one can build anywhere.
Even in his back garden.
Yes, even in his back garden.
There should be public assistance in developing some areas and planning to decide which areas should be developed. There should be a planned programme for housing in Britain. We must protect not only the green belt in the rural areas, but the green belt in the inner cities as well. Unless we have a planned programme for housing development in green belts, which the Government appear to be abandoning, it seems that the Government's policies for housing, land and planning will be left in fragments.
My hon. Friend mentioned long-term planning, but, of course, that is alien to the Government, whose whole thrust is that market forces will determine the day. If that is so, there cannot be long-term planning. The only long-term planning that I have seen is the demise of the rented housing sector, public and private. If we want sensible planning, do not expect the Government to do it.
The planning point has been admirably made by my hon. Friend. If we leave everything to the market and the short-term, cash-in economy that the Government are developing, inevitably many people, organisations and developments will pay a heavy price. The question raised by our amendments is, if the Bill is carried, who will pay the price? The Bill will hammer small-scale housing associations and housing co-operatives out of existence. It will defeat any attempt to provide for ethnic minorities.
Does my hon. Friend agree that much of the debate about green belt and housing development does not take into account the type of housing so desperately needed by those who cannot afford to buy? There is a need for low-cost housing, housing association dwellings and so on. Is it not unfortunate that the whole emphasis of the Bill is to provide large profits for the private landlord, while making no provison for renting? Will not our constituents who cannot afford a mortgage find themselves in an even worse position when the Bill becomes law?
My hon. Friend is right. Housing association policy will be shredded by the clause because the special needs category and inner-city developments will not be underwritten. It is imperative that the Government support the amendment. If they really want to convince the housing associations that they are their friends—they make great play of that in public—they must show it in political action by supporting the amendment. We need a clear commitment from the Minister to 100 per cent. housing association grants for the smaller associations and co-operatives. They do not want to be pushed into mixed funding, but if they are they will be priced out of existence.
I urge the Minister to resist the total takeover of mixed funding——I have followed my hon. Friend's valid argument about market forces. The parts of the clause that we wish to delete relate to the process of moving housing associations towards the market, because the Government are concerned only with the market.
Will my hon. Friend compare the Government's attitude in moving the housing sector into the market with such zest and determination, with their attitude towards the farming fraternity—where market forces do not apply and, for example, cereal farmers receive a guaranteed income whatever their output? Many of them receive a guaranteed income for storing the food for which they had already received a guaranteed income. The Government make little effort to change that because the farmers pay money into the Tory coffers.Order. The amendment deals with housing associations.
The issue of pushing housing associations into the free market is vital because the Minister is abandoning his commitment to social responsibility and is shifting the housing sector into what the Government see as the fair winds of the market sector.
My hon. Friend has dealt thoroughly with what will happen to small housing associations. Does he agree that one of the problems for smaller associations on outer estates—never mind the inner cities—will be coping with private finance, often in the context of declining property values, especially in the north of England? Will he comment on the likelihood of a building society or any other financial institution wanting to lend to build something that is likely to decline in value? In many cases the building societies and financial institutions will not wish to do so, which will effectively terminate any housing association developments on outer estates where property values are declining.
If a housing association scheme is to be viable and produce reasonable rents, it must take account of the costs of borrowing the money for refurbishments and maintenance. It should also take into account the cost of a sinking fund to cover future major repairs.
Some such schemes were explored by Leeds council in association with local housing associations and the private funding agencies, but the problem was that the outturn costs were found to be excessive. No schemes could be set up because index-linked funds are not available and mortgage fund finance is restricted to smaller scale loans. It may well be, as my hon. Friend the Member for Knowsley, North reminded me, that the stock exchange is the only source of finance these days at a very high price. However, to put together a stock exchange deal to finance a small-scale housing association is out of the question, given how difficult and complicated that process would be.Is it not a fact that housing associations, especially small housing associations, need 100 per cent. Government grants and loans, and that they need to be protected from the market economy? Surely, in any society, it is the Government's duty to look after the unfortunate and ensure that they have reasonable housing so that they can lead the good life in society.
There appear to be many contradictions in the Government's policy. If the Bill is enacted, housing associations will be pushed into the same kind of funny money deals that local authorities were prevented from entering into under local government legislation earlier this year. Local councils cannot organise their finances in the open market and go to the stock exchange because a clause was entered in the local government legislation, as a result of what happened in Sheffield, to prevent them raising finance in that way in an attempt to make schemes viable.
There is a great deal of double-think going on in the Government's policies. They suggest going to the free market, but when local authorities and housing associations want to step into the great market of the finance sector, the Government prevent them from doing so. The Minister will have to attempt to square this Bill with legislation elsewhere.My hon. Friend made an interesting point before he was diverted on to other legitimate points. He gave the example of a cellar having to be filled in at an exceptional cost. That reminded me of a recent case brought to my attention by the local branch of Friends of the Earth concerning a factory in Redbridge that was leaking radiation into the ground. That factory was knocked down and I have now received a letter saying that houses will be built on that dangerous site. Great costs will be incurred to prepare that site for houses, and a housing association may be involved. Under the terms of the amendment, the Government could then add insult to injury and charge those poor tenants, who probably do not know that they are going on to land soaked with radiation, increasingly large sums for attempting to remedy the problem.
My hon. Friend is right. Ideally, we would not choose to build on many of the sites that we must build on to develop housing. There are also problems with mining subsidence. In one case, Barratt built some homes on a site next to a tip and methane gas was later discovered in those houses. Many problems are emerging in connection with the building of houses, contrary to the Secretary of State's notion that one can just go out and build a house on a green field. That policy appears to underline the idea that the magic of the market will provide. The notion of total commitment to the magic of the market appears to go beyond even what Adam Smith suggested, that all the excessive individuals should have some point of social reference.
I am reminded of a preface written by the former hon. Member for Leeds, North-East, Sir Keith Joseph, to a pamphlet entitled "The Social Market Economy". The pamphlet may have given some people the misleading impression that social values would be brought into the market place and into policy. The Government seem to believe that they have cracked the economy in some mechanistic, materialistic manner, but having, according to them, got the base of the economy right, they are now moving on to tackle areas of social policy such as local government; social security; health; education; and now housing. However, they are not moving social values into the market place—they are moving the market to the heart of those areas of social policy.3.15 am
My hon. Friend should not assume that throughout his life Sir Keith Joseph believed in the monetarist philosophy and the system of the market place, or in the "fair winds" as he called it. When Sir Keith Joseph lost his ministerial car on ceasing to be the Secretary of State for Education and Science, the first place he went was across the road to Westminster tube station to get his photograph taken because he wanted a free bus pass. So he was in favour of market forces while he had a ministerial car, but the moment he lost it, he was into spending public money in a big way.
I defer to my hon. Friend, who is absolutely spot on in always exposing the contradictions that are at the heart of the Government's policies and practices; has a record second to none for doing that. He has reminded me that even in the clause that we are discussing, we are told that the Bill's purpose is to free the housing associations into the market, but in the clause, we read that although they are free in the market, woe betide them if they make a surplus on their rent account because they are not free to use it and it will he clawed back by the Government.
In conclusion—[HON. MEMBERS: "Shame."]—I urge the Minister not to use housing associations as a sideline for generating revenue for other unspecified projects, the likes of which we could begin to define and at which my hon. Friends have hinted. We should like to know whether housing associations will be contributing to the Treasury to help to get taxes down to 20 per cent. or to fund the business expansion scheme. I quietly advise the Minister that the housing associations have asked him to abolish the grant redemption fund. They have made their view plain and have lobbied Conservative Members about it. We have been assured tonight that those concerns have been passed on to the Minister, so he must have had innumerable requests from housing associations and his own Back Benchers. Why will he not abolish that tonight? If he cannot do that, why does he not accept our amendments to neuter the effect of the grant redemption fund? Otherwise, the Minister and his Government are clearly pushing housing associations hard and fast into the private sector. The Minister for Housing and Planning has clearly signalled that he has now abandoned that difficult middle way between the public and private sectors that he has struggled to hold on to throughout this Parliament, but on which he has been losing ground fast because the Secretary of State is leaning on him, and telling him to push harder for this privatisation policy for housing. This clause will cast housing associations out into the market, abandoning the social responsibility to which the Minister referred regularly in Committee. The Minister can no longer claim the role of the socially responsible Minister, hanging on to the social aspects of the policy, because the market is being wheeled into housing policy. He cannot hold the ends together and, as a result, his time will come—I hope that it is now—because he promised throughout to deliver a socially responsible Housing Bill. He has referred to the needs for social charters and for the social rented sector, but this Bill is a hard and fast Privatisation of Housing Bill. As my hon. Friend the Member for Bolsover (Mr. Skinner) suggested earlier, it is a Bill that simply sets up the conditions such that it would be better called the Housing (Marketing and Sales) Bill. The Bill will split housing associations by setting the big fry against the smaller fry and will undermine exactly the purposes for which housing associations were set up in the first place. In conclusion, I am sure that after tonight's debate, the housing associations will be absolutely clear about what is happening and what is being done to them and by whom, and about who their real friends are in this Chamber.I support the amendment. This is the last debate that we can have on housing associations on part II. I hope that it is clear by now to the Government and the public that the House considers that housing associations are important and is willing to dedicate a significant time to debate their financial future.
We have had controversial and important debates on the private rented sector. We started today's debate with the amendments and new clause which I tabled, which are linked to the subject on which the hon. Member for Leeds, West (Mr. Battle) spoke and dealing with affordable rents and where the money in the cycle of provision, from taxpayer to user, ends up. The hon. Member for Leeds, West did a sterling job in moving the amendment. He may not have noticed that he marginally lost the battle of the roses, in that his colleague from the other side of the Pennines—the hon. Member for Knowsley, North (Mr. Howarth)—managed to outstay him slightly. Perhaps, by a slight abbreviation of the comments on this measure, the battle between Leeds and Knowsley could end up evens. This amendment, and the first group, expose the Government's contradictory policy. The Government have argued that they want private money in housing associations. Amendment No. 85 deletes those parts of clause 50 that would allow the Government to take back money in housing association reserves. As the Government have said, the biggest housing associations —from the largest, the North housing association, with 21,000 members, to the 10th largest, the Northern Counties housing association, with 8,500 members—would be expected to be entirely self-financing, to carry their own risks, not to come to the Government for money and to bail themselves out of difficulties. The smaller housing associations—some of which are very small—may need private money coming in and need to look to the Government for help if costs overrun. The housing association movement argues strongly that retained surpluses—which the Government want the power to take back—will be needed to fund the proposed progressive phasing out of grant for major repairs and the service deficits which many associations are incurring. There is an important contradiction. Associations that take part in schemes funded by private borrowing as well as by public grant will be expected to bear major risks, because the grant is likely to be determined at the beginning of a scheme and will not be increased to take account of unforeseen increased costs. To expect associations to bear that risk and at the same time to take away their only prospect of building up a surplus is not only inequitable but contradicts the Government's strategy. How can the Government tell housing associations to be financially independent and at the same time give themselves power to raid their reserves when it is vital for the associations to retain surplus rental income so as to bear the risks of private finance without raising rents? If the Government claw back those reserves, housing associations will have only one way to raise more funds, and that will be by demanding more from their tenants in increased rents. For many of those tenants housing benefit will not be available because they are working, which will mean them leaving that form of accommodation.The only revenue that housing associations have comes from rents and they can build up surpluses for reinvestment purposes, repairs and so on. Taking that from them will be like taking the crutches from a cripple and telling him to stand on his own two feet.
I agree. Having said that they want housing associations to be independent, the Government give them the facility to walk, allow them to build up some reserves and then raid that money. The housing association movement must be extremely unhappy at the thought of the Secretary of State being able to raid those reserves whenever he wishes.
If an association is given a grant to get started and, having got started, builds up reserves which are surplus to its needs, how can they be described as crutches? Surpluses are not crutches.
I do not think the hon. Gentleman was present for the earlier debate. The Government claim that they want to use private finance to supplement public finance—I do not dissent from that—to strengthen housing associations. Any reserves built up will be needed, especially by medium and small associations, to avoid them asking the Government in times of difficulty to bail them out. They need the cushion that reserve funds provide. Indeed, the Government agree that without that cushion the private sector will not invest.
I wish to refer to two letters, the first of which was written by an ordained minister in Luton. It was sent today to the right hon. Member for Henley (Mr. Heseltine) and copied to the hon. Members for Luton, North (Mr. Carlisle) and for Luton, South (Mr. Bright), with a copy to me as my party's spokesman on these issues. This is part of the letter from the Rev. W. J. Salmon:The author of the letter makes it clear that he is not a politician, because he ends by saying:"The government intend to encourage the sale of council estates to Housing Associations, and claim that rents will be similar to those at present paid to the Local Authority. At the same time the Housing Corporation are reducing their financial support to Housing Associations, encouraging them to find on the open market. The Associations are therefore having to pay a high rate of interest, which they can only recoup through increased rents. The experience of Housing Associations is that this has forced rents up to unacceptable levels. It would seem to me that these two moves are incompatible."
He was writing about Luton, which is hardly regarded as the least affluent part of the United Kingdom. Clearly he understands the problems of reducing funding and not protecting people against the consequences. 3.30 am The other letter was sent to my hon. Friend the Member for Orkney and Shetland (Mr. Wallace) after he had visited Bradford earlier this year. The letter is from Mr. Leaper, who is the regional director of Anchor housing association. He may have written to other hon. Members about the matter. He wrote after my hon. Friend had been to Saddlebrook court, which is an Anchor housing association development in his area. He said:"I write not as a belligerent prophet, or a 'Moaning Minnie', but as a Christian Minister seeking to serve to the best of my ability those among whom my Lord has placed me."
"I am grateful for the interest you have shown in Saddlebrook Court by visiting it today. It is, unfortunately, likely to be one of the last category 2 sheltered developments Anchor is able to provide, if the new Housing Bill becomes law and there are no amendments to the new Housing Benefit regulations.
Many Anchor tenants have already lost up to –20 per week in Housing Benefit as a result of the recent changes in the Housing Benefit regulations.
I am sure that hon. Members who represent Bradford and the surrounding areas could confirm this.If Saddlebrook Court were built today at the proposed HAG level of 50‥ (it actually enjoys 91·39‥ HAG) the current basic rent of £14·80 for a single flat would rise to over £34."
"Rents at this sort of level simply are not on for pensioners of modest means and I hope you will use every effort to persuade the government of the need to improve the Housing Benefit arrangements.
My hon. Friend asked me to raise this although I have not visited the development. He intends to contribute to the debate on part IV because he has had experience of the Scottish provision. He is aware, like all hon. Members on this side of the House and, to be fair, some Tory Members, that we cannot take away the protection that is needed for reserves and funding that have been built up over the years without a clear implication that rents will go up.I am sure you will have been bombarded with criticism of the proposed legislation and I apologise for yet another letter to read, but I feel that the issues are too important for me to miss the opportunity to make you aware of our concern."
The hon. Gentleman might suggest in answer to the letters that he has received that the only way to get the Government to move is to drop one of their own Tridents on them. I am not sure whether even a hydrogen bomb would shift them. They are so dogmatic and so uncaring about the needs of housing associations that one despairs at times about their lack of Christian charity. Certainly they have not shown any since 1979. Yet they continue to argue that they are helping the poorer people and the associations to stand on their own feet, when the reverse is true.
The hon. Gentleman is right. I have quoted a minister of the church and a professional in Britain's second largest housing association. They are neither of them politicians but are concerned with meeting need. They say in letters to hon. Members that it is vitally important that resources can be built up and protected.
They say also that if the Government are serious about wanting housing associations to play a greater role—and the Government certainly intend that local councils should play a lesser role, and have always accepted that there will be a large rented sector however much success they have with the right to buy—it is vital that there are affordable rents and adequate funds to ensure that tenants do not have to bear the high and substantal risks of the Government's policy. If the Government are not prepared to ensure that, there can be only one implication. It is that tenants will be priced out of the very market which the Government allege they are trying to create for them.This debate has been of a looking glass nature, because both the hon. Members for Southwark and Bermondsey (Mr. Hughes) and for Leeds, West (Mr. Battle) know that their arguments do not accurately reflect the real situation. The existing GRF power to claw back funds was not invented by the Government but was imposed by the Public Accounts Committee, and some Opposition Members may have been signatories to the report in question. Certainly it was an all-party Committee.
The replacement power contained in clause 50 will permit to be done some of the things which the hon. Member for Southwark and Bermondsey wants, and which could not be done under the 1985 Act. The GRF does not allow us to negotiate with the associations, as we should do to ensure that they have proper sinking funds, can deal with repairs and so on. I am sure that the hon. Member for Southwark and Bermondsey knows that we are already having important discussions with the National Federation of Housing Associations. That is how the surplus rent fund will work. Neither the Public Accounts Committee nor the House would thank the Government for reverting to a system under which the surpluses——rose——
If I may complete my argument, the hon. Gentleman may find that I will answer his point.
There have been some very jolly ideas about what should be done with the surpluses. One was that they could in some mysterious way be used to pay off the balance of payments deficit. I have not figured out how that can be done using internally generated funds, but never mind. The surpluses will be returned to the Housing Corporation and then ploughed back into the housing association movement. As the hon. Member for Southwark arid Bermondsey well knows, that is what was done with surpluses collected under the GRF system and will be under the new system as well. The funds will not be taken out of housing. The argument is that, if the total surpluses are left where they fall because the grant has turned out to be moire generous than was calculated when the project was put together, one association will enjoy a windfall while others who may need the money more will receive less. However, that line of argument—whether in respect of the GRF or the new system—has no connection with reality. I repeat that we do not intend that the rent surplus fund system will apply to schemes funded with a mixture of public and private finance. A good many of the other arguments we have heard fall on that. The clause is not as exciting, let alone as dangerous, nor does it have such wide implications, as Opposition Members have suggested. I suspect that, if we did not have it, we would be rightly criticised by the Public Accounts Committee and perhaps by the hon. Member for Don Valley (Mr. Redmond)—whom I promised to allow to intervene.There is some argument about how the surpluses arise in the first instance. Surpluses can only arise through rents. Is it the Department's intention to instruct those housing associations to increase their rents to enable the Government to claw back surpluses, and what does the Minister consider is a surplus? Housing associations may well be gathering some money together for a capital expenditure project. Would lie allow them to carry that money forward from year one over five or ten years to enable them to obtain the necessary finance to embark on that capital project?
I suspect that the hon. Gentleman, who is learned in these matters, is not as confused as he pretends to be. He knows where the surpluses arise from. Most housing association schemes are financed with a conventional mortgage, plus HAG. HAG is set high at the beginning because there is no rent income. If interest rates and rents move so that less uprun money is needed than was predicted, there is an unexpected surplus. That is why the PAC rightly said that in those circumstances, since it did not arise from anything that the housing association was doing in terms of its own or Government policy, we had to claw that back. We then put it back into the ADP of the Housing Corporation to go to other associations which need the money more. Everyone who knows this subject knows where such surpluses come from. They have come for many years; that is why the PAC asked us to introduce this system.
We are now saying that under the present legislation we cannot do what the hon. Member for Southwark and Bermondsey (Mr. Hughes) wants, which is to build up sinking funds against capital expenditure and major repairs that may fall to be done. Indeed, it may be right to say that there should be some element of building up reserves, particularly to enable the smaller associations that have been mentioned to borrow on the market, as we hope they too will be able to do. I can assure hon. Gentlemen that there are no nefarious purposes in this, as I think they know in their heart of hearts. Indeed, if we did not introduce such a provision, we would very likely be in trouble with them when they were wearing different hats.Why then is it necessary to include in subsection (6) not only the power for the Secretary of State to appropriate or apply funds for purposes that he specifies, but also to require associations to pay them to him, which is a different and much more far-reaching provision? In addition, will he confirm that the National Federation of Housing Associations is in favour of the abolition and non-replacement of the grant redemption fund system and is not keen on a far-ranging power that allows the Government to retrieve whatever they might choose at any particular time?
Not surprisingly, the associations have always been in favour of allowing extra surpluses to accrue where they fall. It is much easier for those associations to argue to keep unexpected surpluses than for other associations who have not received the money from the redestribution to argue for that. I must refer the hon. Gentleman to the PAC's arguments on that.
If I heard the hon. Member for Southwark and Bermondsey correctly, he said that the Bill would drive up some housing association rents from £14 a week to £34 a week. Can my hon. Friend refute that allegation and explain why the Bill will not do that?
We had a long discussion earlier about rents. We are now talking about the rent surplus fund, but nothing in the rent surplus fund does what my hon. Friend is asking about.
rose——
I think that the hon. Gentleman may have said enough already in his magnificent speech. I hope that, having heard that a large part of that fine oratorical effort was entirely misplaced, he may now consider withdrawing his amendment.
3.45 am.
The Minister is trying to get away with the granting of extra powers to the Secretary of State by suggesting that the Public Accounts Committee imposes something on the Government. The PAC, as he knows full well, has no power to impose anything on them. I dare say that I could pluck half a dozen reports from the PAC that have never even received a response from the Government, let alone been accepted by them.
Obviously some reports have more merit than others. The Government make a selection, rejecting some arguments and accepting others. The notion put forward by the Minister that the repayment of GRF surpluses should be accepted by the Government willy-nilly because of a recommendation by the PAC simply does not wash. If he had said that they had considered it a reasonable recommendation and followed it, that would be one argument, but it is not true to say that the Government had to accept it—that it was imposed on the House. [Interruption.] That is what the Minister said. I have got it down.I am perfectly prepared to say to the hon. Gentleman that the PAC suggested the proposal and argued for it, and that the arguments were overwhelming.
That is a change from what the Minister said at first. He said that it was imposed by the PAC, and it will be in Hansard. That is mistaken: all Select Committees can merely recommend. But if the Minister is now saying that he accepts the PAC's argument, that is entirely different.
The Minister went on to say that the funds are returned to the Housing Corporation for reallocation to the housing sector. That, of course, is understood and welcomed. Under clause 47, however, the Housing Corporation has fairly wide-ranging and arbitrary powers to reduce, suspend or cancel grants. We are confronted by a pretty arbitrary sort of Government. The Housing Corporation is run by appointees, and nearly all the Government's appointees have been in line with their philosophy. It is a characteristic of the Government that they have been careful to appoint people who share their political philosophy. As a matter of fact I do not entirely dissent from that; the philosophy on the basis of which the Government appoint people just happens to be the wrong one. It means that an arbitrary Government can encourage the Housing Corporation to use the arbitrary powers incorporated in the legislation. At present housing associations may build up prudent surpluses that they can spend on repairs and on development of one sort or another connected with their properties, but the powers for the Secretary of State that are embodied in clauses 6, 7 and 8, which we seek to remove, reduce that discretion. The Minister argues that the discretion should be removed by action of the Secretary of State, so that he can then instruct the Housing Corporation to have the money, make a judgment and allocate the funds that it considers in the best interests of housing in the housing association sector. That is a very odd philosophy for a Government who believe in the kind of voluntary aided sector which it could be argued that housing associations represent. It is an odd philosophy from a Government who believe in allowing decision-making to develop in what they fondly describe as the enterprise culture. The Government claim that a central organisation should determine where surpluses are distributed instead of leaving the housing association with at least some discretion to develop surpluses when it believes that, in the circumstances, it needs a surplus to develop flats because of local conditions. Perhaps the Housing Corporation will take local needs into account. However, surely some discretion should be allowed to the housing associations instead of the Secretary of State giving notice to an association under this part of the Bill requiring it to pay—with interest if demanded —the outstanding rent surplus fund at the end of a period of account. Our other reservation is that we know that the Secretary of State is a fairly arbitrary Secretary of State. We are not convinced that he would use those powers with the understanding and delicacy that is required because he is not known for his understanding and delicacy. The Minister who replied to this debate did so briefly without the characteristic allocation of time devoted to the debate by my hon. Friend the Member for Leeds, West (Mr. Battle). In different circumstances, the Minister might have devoted more time to it. However, the Minister does not have responsibility for these matters. Although certain work is allocated to him, he knows that the civil servants will tell him that the Secretary of State has the legal responsibility to determine the notice. The Minister of State may recommend to the Secretary of State, but in the final analysis the Secretary of State has the power. When the House grants legislative power to Secretaries of State, the powers leave the House and are vested in the Secretary of State who holds office at the time. We must be very careful. We must bear in mind that, no matter how liberal a furrow the Minister tries to plough, the fact is that the Secretary of State is an illiberal Secretary of State.He is Stalinist.
I would not put the Secretary of State quite in that category. In fact, he might feel vaguely insulted if I did, although that would not prevent me from doing so. However, that description would be inaccurate.
In many respects the Secretary of State is the author of the current satanism spreading through the land, called Thatcherism or monetarism. He is determined, and therefore we must consider his powers and his ability from time to time to give notice to housing associations. Therefore I suggest that the modest amendments to remove clauses 6, 7 and 8 should be supported. I will not be long because to some degree we have dealt adequately with the clause and I know that many of my hon. Friends want to speak and I can see several of them straining at the metaphorical leash. I want to refer to Anchor housing, mentioned by the hon. Member for Southwark and Bermondsey (Mr. Hughes). When the hon. Gentleman replies to the letter from the regional director of Anchor housing, I hope that he explains that the proposal to increase rents, possibly to produce a surplus fund to develop Anchor housing units in my constituency and elsewhere, has been made at the most inappropriate time because housing benefit has been withdrawn in varying degrees from many people. I think that the letter says that up to £20 has been withdrawn from individual tenants. Therefore, it is not a clever time to start the process for increasing rents through the fair rents procedure. As the changes in housing benefit regulations were not a secret —it was known that they would be introduced after 11 April—Anchor housing might have been more judicious in applying for the increases well after the housing benefits had been brought into operation and the cuts were known. I have received a petition from tenants expressing anxiety at housing benefit cuts and pointing out what difficulties will arise. If rent surpluses are to be redistributed by the Housing Corporation, it will be to areas of need, according to the Minister's explanation. The redistribution will be a curious phenomenon because the Housing Corporation will be redistributing from need to need. I do not know of any Anchor housing, for example, where the tenants are living in the lap of luxury or of any rent surplus that can be more equitably moved from them elsewhere. All the tenants that I can think of in the north will be in difficulties because of rent increases and housing benefit cuts. Therefore, the notion that the Housing Corporation will have this redistributive effect, without further details from the Minister, does not seem to be convincing. Tenants in my constituency are worried about the changes in housing benefit, rent increases and service charge increases and they have written to me about them. Anchor housing has not given a convincing reply. In addition, Anchor will have to face the effects of this legislation on already slim administrative resources. One anxiety advanced by the Opposition relates to the difficulties that will be forced on tenants by the Secretary of State exercising what he fondly imagines to be a redistributive measure through the Housing Corporation by clawing back housing associations' surpluses. Those surpluses will accrue to prudent associations charging rents which they think will give them sufficient income not only to meet repairs and maintenance, but to produce a modest surplus to provide for needed developments. The position is so generally unsatisfactory that we should vote for the amendment which removes these subsections. I am also worried that the Secretary of State is given absolute powers. The Minister may say that that is standard practice and it has happened before, so we should carry on. The Bill states that he mayCivil servants like absolute powers because they do not have to bother preparing briefs or do anything much except go into a room in Whitehall, Victoria street or Marsham street and shove a document before a Minister and say, "Look, Minister, we have calculated that housing associations have £x million surplus, so you should give notice that this should be clawed back because the Housing Corporation says that it needs development money and it can best make a judgment." The Secretary of State then simply has to give notice without justifying it outside the cosseted rooms of Whitehall. That is less than satisfactory."from time to time give notice to an association to which this section applies."
4 am
Did my hon. Friend do that when he was a Minister?
Whenever I wanted to do anything I found that a successsion of civil servants wanted to talk to me for long enough to stop me doing so. When I was a Minister, the problem was not to get me to do things but to stop me doing things. In my leisure moments, when I wash aside the misery I underwent when I was a Minister, I am proud of the fact that civil servants were trying to outwit me all the time.
The Minister said that the Government intended to take surpluses from those associations that held large ones because if they were allowed to keep them other associations would suffer. The impression was that such money could be redistributed to those associations that were living from hand to mouth. The Minister suggested that he intended to rob Peter to pay Paul. If I have got that wrong, perhaps my hon. Friend or the Minister could clarify the position. There has been much discussion about interest rate charges, but I am not sure about the level of the interest rate. British Coal borrows money from the Government and pays a damn sight higher rate of interest than if it borrowed on the open market. How will the rate of interest be clarified?
In the clause, the rate of interest is determined by the Secretary of State, with the consent of the Treasury—that keeps a grip on the Treasury. That means that a deputy secretary will have a chat on the telephone with somebody at the Treasury—of course, on the same grade—and they will reach agreement on the interest rate. The deputy secretary will put a piece of paper in front of the Secretary of State, tell him that it is the interest rate to be charged and that the Treasury has given consent. That means that a civil servant at the Treasury has put a bit of paper in front of a Treasury Minister, who has nodded and signed the paper. That is how it is organised.
The Bill does not give absolute power to the Secretary of State, but that power is qualified only by a friend of the Secretary of State, a Treasury Minister. They are both guided by the Civil Service. The Government have introduced a great deal of complicated legislation and in the maze they are finding it easy simply to say, "We will give the Secretary of State power." That takes such power away from this place and makes it easier for the Government to exercise such powers. I am not in favour of that—I favour scrutiny by this House or scrutiny by Committees of the House. That is another reason why I believe that we should vote against the clause.If the Secretary of State has absolute power, does my hon. Friend agree with what Lord Acton said about absolute power?
That is a problem. Those who advise Secretaries of State use that power in an arbitrary fashion. Often Secretaries of State, especially in Labour Governments, do not have the countervailing information to match the power of the inner, secret constitution of our system of government.
I conclude by saying that my hon. Friend the Member for Don Valley (Mr. Redmond) was right: this is robbing Peter to pay Paul. Housing associations will, by and large, apply their money to the worthy objective of developing housing in any case. Their surpluses will be taken from them and given to other housing associations that are not in quite such a good seam and do not possess overwhelming surpluses. They will be given the money to develop housing. That obscures the important underlying need for an injection of new money, so that housing associations can develop both surpluses and housing. Local authorities should be given new money too, instead of being continually cut back. These clauses will allow the Secretary of State to supervise a diminishing amount of money in the housing association sector, whose effect will be to cut back something that has played a useful part in providing rented accommodation for people who in the main could not otherwise obtain decent accommodation—certainly not from private landlords, whose standards are variable, to say the least.The general trend is to give housing associations money to allow them to develop their stock, improve their standards and possibly take over council houses. Does my hon. Friend agree that it is contradictory and morally wrong of the Government to run down local authority involvement in housing, to reduce the money that local authorities spend on maintaining housing stock and to restrict the numbers of dwellings that local authorities can provide for senior citizens? In a range of other issues, the Government have said that we need competing forces for the benefit of the consumer. If there is only one sector, freedom of choice for the consumer will not exist.
My hon. Friend makes an important point. This is a provision to allow the housing associations to generate their own funds for further development and for redistribution through the Housing Corporation. The Government's policy is to cut local authority expenditure on housing. Every local authority can testify to that. The waiting lists for council houses for rent are increasing and the amount of money available for new build has decreased, or certainly failed to increase, year by year. Since 1979 local authority expenditure on housing has been massively cut back. Because of that, housing associations are under pressure to provide more housing. So my hon. Friend the Member for Leeds, West was right to say that these clauses will bring pressure to bear for increased rents, which will be used to generate funds for further development.
To illustrate what I mean, I give the example of people who have been to see me. Those people struggle from week to week to make ends meet. A couple who came to see me said that they were pensioners and had one week's holiday a year. They do not go to the Costa Brava or Costa del Sol but to Morecambe or Blackpool, to a cheap boarding house, because that is all that their income permits. They told me that a holiday can no longer be taken because of the cuts in housing benefit. Of course the Government will say that only pensioners in the City should be allowed to have holidays and that workers should sit in grim, stark rooms and be thankful that they have a miserable gas fire to look at. That is a reality for many people.I appreciate the work carried out, and the help given me by my hon. Friend when he was a Minister. We are talking about a surplus in rents. We can only get a rent surplus by an increase in efficiency of the organisation or by making rents too high. The Minister says that a surplus should be moved into another area and should not be spent on those who created the surplus. We are only a step away from the Minister saying to a council that it should create a surplus on rent and plough the money into the rate fund.
In essence, that is what the Government are doing in the housing association sector. They could apply that policy to local authorities.
The people who look for rented accommodation are those who cannot afford mortgages. Young couples often do not have the money for a mortgage. Certainly in London and the south-east the mortgages required are astronomical. Young unemployed couples who want to buy a house, even in the north where prices are lower but are regrettably catching up on the south-east, have no alternative but to look for rented accommodation. They simply cannot afford to buy. They will be faced with a housing association sector that is increasing rents to generate its own developments of more housing and a local authority sector that is being cut. That will force people to go to the housing associations, and the associations will be forced to increase rents.The only reason that I earlier asked my hon. Friend about what he used to do when he was a Minister was to draw to the attention of younger hon. Members the fact that he used to be a Minister. He was a very good Minister and that was the history lesson that I wanted to teach the younger and more enthusiastic hon. Members.
Last Friday I had a case in my advice surgery that proves my hon. Friend's point. A constituent fell into arrears with the mortgage payments and the house was repossessed. The local authority had to put that person into bed-and-breakfast accommodation at a cost greater than the mortgage repayments. That is the lunacy that we are getting ourselves into.My hon. Friend is right. If the Government had any sense they would put money into new build houses to be constructed by housing associations and local authorities. That would save the enormous sums that local authorities have to pay for bed-and-breakfast accommodation. The victims of the Government's economic policies, the three million people who have been made unemployed and who face difficulty in paying mortgages, are picked up by the local authorities and helped with council accommodation. However, the local authorities are under pressure. It is a disgraceful situation and has been brought about by the wretched policies of the most disgraceful Right-wing Government we have ever experienced.
I am pleased that that tribute has been paid to my hon. Friend's record while a member of the Labour Government. He will confirm that the Labour Government's record between 1974 and 1979 on housing associations in Scotland was that of a more than fivefold increase in spending on housing associations resulting in a diversity of housing for rent. On the other hand, the Government's record has been a paltry 50 per cent. increase in eight years. Is that not a lamentable record and a contrast that goes to the heart of the Bill?
I am grateful to my hon. Friend for reminding me of some statistics about housing associations in Scotland which, I confess, were at the back of my mind. The Labour Government encouraged housing associations and local authorities to build houses. That is shown by the figures for homelessness, which have shot up since 1979. An underlying economically deprived class is developing, comprising victims of the Government's economic and social policies and cuts in local authority provision.
4.15 am I do not wish to extend my contribution, but I emphasise my reservations about subsections (6), (7) and (8). If the House approves their deletion, but the Secretary of State wants some reserve powers, the Government could come back via the other place, of which route they are so fond—and that is hardly surprising as they brought in 138 members of the geriatric wing of the Palace of Westminster to ensure a majority for the poll tax Bill—and table an amendment that would, for example, give the Secretary of State power to place a motion on the Order Paper requiring the associations to pay as provided for under subsection (6), with all its powers. At least, that would be the subject of a motion and would therefore be debated in the House. It would be only an hour-and-a-half debate. It would be unusual procedure —in fact, I do not think that we have ever required a Secretary of State simply to say, "I am giving notice, and I want a motion approving this." However, it would not be a bad thing. We might have to alter the procedures a little, but if we are to get any sort of grip on the Executive, we must stop giving Secretaries of State the power to do virtually anything that they wish. We must restore some power to this place. When television comes into the Chamber, it will add to the pressure on Ministers. I voted for television cameras so that attention would be focused on this place. Committees do important work, but the Chamber is the most important place and it should be used to provide supervision and scrutiny. It helps Secretaries of State too. because they know that, if they have to come to this place and be scrutinised, they must know their subject pretty well. They must have the argument at their finger tips. because one of the virtues of this place is that it gives Ministers a rough ride if they do not.I cannot believe it.
The Government contain their complement of incompetents, but on occasions this place can be incisive, scrutinise Ministers and give them a rough ride. My hon. Friends will remember that when my right hon. Friend the Member for Chesterfield (Mr. Benn) was the Minister and the Tory party were in opposition, there was sustained hissing from the Conservative Members and piles of questions and points of order. My right hon. Friend was certainly put to the test, and he came through it magnificently. Ministers must know their subject thoroughly when coming to this place to answer questions. I do not underrate the power of this place to exercise scrutiny if it so chooses.
It would be interesting to put the hon. Gentleman's supposition to the test tonight. Earlier, the hon. Member for Southwark and Bermondsey (Mr. Hughes) alleged that some housing association rents would be put up from £14 to £34 a week. I asked my hon. Friend the Minister whether that was true. The hon. Gentleman's belief appears to be that by asking questions of Ministers, one receives answers. I shall be greatly interested to discover whether nay hon. Friend will answer my question. We shall then know whether the hon. Gentleman is correct or whether my more cynical view is correct.
I do not judge the whole issue by a single question. However, the Minister could stand up now and guarantee that there will not be an increase from £14 to £34 a week. He has a couple of civil servants available who can wave notes at him so that he can find some form of words to use. It is all part of the testing process. Questions can be asked, and if they are not answered the hon. Gentleman must draw his own conclusions. Rents will increase under this Government, and we have been saying that since the debate on the Bill began.
I understand my hon. Friend's comment about this Chamber being a place for incisive debate. I know that he is doing his best, but I do not think that anyone would describe tonight's debate as incisive. Is he aware that the Secretary of State is no longer with us? Apparently, he is the author of the legislation, which probably accounts for the number of Government amendments. Will my hon. Friend comment on why the Secretary of State is not here to answer his serious points about the Secretary of State's personal legislation? Instead, the poor unfortunate Minister of State—who probably does not agree with a word in the legislation anyway—has to plough his way through this God-awful rubbish and cannot answer any of my hon. Friend's questions.
I cannot believe that the Minister is so cynical as to support the legislation with his vote while fundamentally disagreeing with it. I am sure that if he felt that way he would have a word with the Prime Minister and resign from the Government. That is the honourable course to take if his leader produces legislation with which he does not agree.
The three clauses give the Secretary of State a great deal of power and we should give the Government the opportunity to table an amendment in the other place that would still give the Secretary of State powers, but qualified by scrutiny in this place. If the right hon. Gentleman has indeed written this legislation, I am not surprised that it gives him such unqualified powers. There is, therefore, an even more urgent necessity to get rid of the subsections by voting for the amendment.I listened carefully to the Minister's reply to the debate on rents. First, he said that we had already had a debate on rents and, secondly, that the clause would not have any effect on rents. That must be true because the hon. Member for High Peak (Mr. Hawkins) voted for the clause on rents. He could not have known what he was voting for because it is the very clause that will put up rents. The Minister could not refute that in our earlier debate.
I do not criticise the hon. Gentleman. I am always pleased that, in spite of having been bludgeoned into the appropriate lobby by the Conservative Whip, he realises that he has made an error and, having listened to the debate, has begun to recognise the horrendous consequences of the clause for which he voted. The hon. Member for Southwark and Bermondsey raised the question of increasing housing association rents from £14 to £34 per week, and he is keen to intervene on that point.
It is an important point and, as I understand it, the inquiry was made in good faith. The figures were given by a housing professional and happen to be for the region covering Bradford. The second largest housing association in the area asserts that the combined effect of the Bill and the changes in subsidy and housing benefit will be an increase of between £14 and £34. That point was put to the Minister and he did not dissent from it. The matter should be pursued and I will willingly let the hon. Member for High Peak (Mr. Hawkins) have a copy of the correspondence. The Government must answer the questions, because the combined changes will produce such increases in rent levels. I am sure that the hon. Member for Bradford, South (Mr. Cryer) will be keen to ensure that the Minister is not let off the hook on the good example of the effect of this loosely drafted piece of legislation.
The Anchor housing association tenants who have written to me are already in the £14-plus increase bracket, because of the combined effects of rent increases proposed by the housing association and the cuts in housing benefit. I do not claim that they are in the £34 bracket that I have come across, but I can assure the House that I have received many heated representations from righteously angry constituents who face massive rent increases by virtue of that combination of changes. I am hardly surprised that the Government are not able to give that guarantee. I shall give way to the Minister if he wishes to intervene to say that the rent increases would not be of the order of £14 to £34.
My hon. Friend is right to point out the level of potential rent increases. I have received similar representations from my constituents. The hon. Member for High Peak (Mr. Hawkins), who raised the matter, did not say that he was against the rent increases. As I understood it, he was happy that such large increases should go through. If I do him an injustice, I am sure that he will rise and say that he is opposed to housing association tenants being forced to pay through the nose because of the Government's legislation and presumably he will vote with us when the opportunity arises.
I shall give way to the hon. Member for High Peak in a moment, but I want first to reiterate my comment that he can make his position clear, thanks to my innate generosity, and to say, secondly, that he will have the opportunity to vote against the clauses by voting for the amendment which will have the salutary effect of sending a quiver through the Government and also ensuring that, if they so choose, they can bring back some modifications through the Lords which will replace the arbitrary powers given to the Secretary of State.
I did not imply in any sense that I favoured rent increases of 250 per cent., or of the figure suggested by the hon. Member for Southwark and Bermondsey. I was merely trying to find out, on behalf of my constituents in High Peak and other constituents elsewhere, whether the hon. Gentleman's allegations were correct. It would be nice to know for the record whether the allegations are true or false.
I am delighted that the hon. Gentleman has intervened to make clear his position and, moreover, sent off the Minister's Parliamentary Private Secretary, who was whispering in his ear, telling him, I suspect, not to make such a fuss about those massive rent increases which will occur under this legislation but to keep his mouth shut. Some credit is due even to the Government Benches, for the fact that he sent the PPS away with a flea in his ear to scurry around on behalf of the Minister, sending messages to Conservative Members that they should keep their mouths shut because all of a sudden the Government are concerned.
However, there are not many Conservative Members for him to be concerned about. There is one in the far corner who is taking a close interest in the—Bill[Laughter.]—and four others. The hon. Member for Weston-super-Mare (Mr. Wiggin) took a close interest when he wanted to go to New Zealand to watch trees grow. However, this is a different time and a different place.4.30 am
Although my hon. Friend has somewhat unfairly woken the hon. Member for Weston-super-Mare (Mr. Wiggin), does he agree that having a sleep over there is far more comfortable than the situation of people who, less than a quarter of a mile away are having to sleep in cardboard boxes because of the lack of accommodation and whose plight will not be improved by this rotten Bill?
I was saying that the Member for High Peak, who raised with his Minister the question about the increase from £14 to £34, was showing a commendable interest in the Bill and in subsections (6), (7) and (8) about which we are worried. The effect of the clawback that the Secretary of State has powers to impose under clause 50 will force up rents because the Secretary of State will seek to use the provisions to obtain income for redistribution to housing associations for the development of further housing.
rose——
I shall give way to my hon. Friend in a moment.
That is why we are delighted that at least one Conservative Member is taking an interest, albeit somewhat belatedly, as my hon. Friend the Member for Leeds, West has pointed out. If only he had taken an interest earlier—he could have approached the Parliamentary Private Secretary and said, "Put the Minister's bag down and listen to me for a moment. Have a word with the Minister and tell him to stop some of this wretched legislation." But, alack and alas, the revelation has come a little late—although, as we always say, "Better late than never."My hon. Friend's expertise in these matters is second to none and, like other hon. Members tonight, he has dwelt in detail on the effects of the subsections and why they should be deleted. Do not Conservative Members want to have it both ways? On the one hand, they want to reassure their tenant voters that they will keep rents at relatively low levels and that they will certainly not cause them to go shooting through the roof. On the other hand, however, they are telling their backers—their landlords and speculative investors—that they want rents to shoot up so that their profits will shoot up as well.
By exposing the contradictions, my hon. Friend has galvanised the one Tory Back Bencher who is paying any attention into action to try to defend his own constituency interests at the price of exposing his hon. Friends to the economic fact that they do not just want rents to double—they want them to more than double, so that their friends' profits can shoot up.My hon. Friend is right to emphasise that this legislation, which seems so academic and remote, is a cloak for rent increases in the housing association sector. Rents are increasing in any case in the local authority sector to build up a plateau so that private landlords who are benefiting under this Government, not least from the nefarious business expansion scheme, will see rents climb and their profits increase.
My hon. Friend the Member for Walsall, North (Mr. Winnick) pointed out that, not far from here, there are people who have no alternative but to sleep fitfully through the night, as some of us are doing. But we have comfortable beds available and those people are on the pavements because of the massive increase in homelessness brought about by the Government's vicious, anti-local government attitude and their careless attitude towards the housing associations. Housing associations have helped to fill a gap. With encouragement and support, local authorities could have provided the necessary housing without the use of housing associations. But housing associations exist, we stand on this bridge, and we must do our best for them. I am pretty sure that all the members of the housing associations know on which side of the Chamber—ours—their friends sit. The managers, organisers, members of boards and, most of all, tenants know that their defenders are on the Labour side.My hon. Friend is right to draw attention to the role that housing associations wish to play in alleviating and ending homelessness, especially in inner-city areas such as London where they deal specifically with those people who sleep on the streets. Is my hon. Friend aware that homelessness is beginning to gnaw at the Government a little? Instead of doing anything about it, they apparently now have friends in central London who encourage use of the Public Order Act 1986 to drive away people who sleep in cardboard boxes. A group of lawyers at Lincoln's Inn are petitioning Camden council to shift these "dossers", as they put it, out of the way because it damages the tourist trade and they do not like waking up in the morning and finding people sleeping on the grass outside their houses. Is that not the ultimate condemnation of the divisions in Tory Britain?
I agree. That point may seem remote from subsections (6), (7) and (8), but the potential rent increases to produce the surpluses which the Secretary of State can claw back will increase homelessness. Who would imagine that there is likely to be a homeless problem in Dulwich, near the £500,000 fortified gates behind which the rich elite live because they are frightened?
The Dulwich bunker.
For the Prime Minister, there is the Dulwich bunker, as my hon. Friend says.
Neo-Georgian.
My hon. Friend is producing so many words that I cannot repeat them all to get them on the record, but I know that he wants to speak later. He has a valuable contribution to make, like my hon. Friend the Member for Bradford, North (Mr. Wall), who can testify to everything that I have said about housing associations.
Instead of using a mean-minded approach in this legislation, the Government should inject money into housing. There is a need and a desire among people for a decent roof over their heads. There is no reason why that need and desire should not be met. The Minister may say, "We are short of money." One can reel off the billions of pounds that the Government are spending: £1·7 billion in the last Budget in tax concessions to the better-off, £1·5 billion for Sizewell B; another £1·5 billion for Hinkley B—nuclear power stations which we neither need nor want and which are potential sources of hazard—and £11 billion for Trident nuclear weapons, which breach the United Nations nuclear non-proliferation treaty. I could go on and on; the money is there if there is the political will. The Opposition say to the Government: get some political will to get some money into housing.If our proceedings were being televised, viewers would see the interest that is being taken by Labour Members in the whole issue of housing associations and the lack of interest on the part of Conservative Members. Indeed, apart from the Minister, nobody has spoken from the Government Benches, and some minutes ago there were present one Government Back Bencher, the Minister, his PPS and a Whip.
What about the one who was asleep?
Order. Hon. Members must relate their remarks to the amendment that is before the House.
The one who was asleep is still asleep.
The assurances that we have been given by the Minister about clawing back the surplus rent funds of housing associations have failed to satisfy us. We have drawn a distinction between the views on that issue of the Secretary of State and those of the Minister for Housing and Planning. If those in housing hardship—in many cases in housing misery—cannot be rehoused by local authorities and cannot obtain a mortgage, the housing associations may provide the only solution. In the main, those who work for housing associations are dedicated and are not motivated by profit and a desire to see tenants pay the largest possible rents.Is my hon. Friend aware that many of the pay levels of staff employed by housing associations are considerably lower than the remunerations in equivalent posts in local government? But that has not diminished the dedication with which they undertake their duties.
They are, in the main, dedicated. They believe that they have a role to play in helping to provide adequate rented accommodation for people in need. There has been no dispute between local authorities and housing associations. Housing associations have not asked for more responsibilities or told local authorities that they want to take over large amounts of their housing stock. There has been a partnership. In the main, the people involved in housing associations recognise that the main supplier of rented accommodation is the pubic sector, but the housing associations will provide the additional accommodation that local authorities are not able to provide.
4.45 am Of course, in the last eight or nine years the position has changed to the extent that local authorities such as mine have not been able to build any houses or flats. Therefore, the function of housing associations has become more important. I emphasise that point because we are dealing with people who cannot obtain mortgages.That is an important issue. If the Bill is passed, the Secretary of State will be able to raid housing associations at any time he desires and take away the rents. Is this not similar to what happened to local authorities which sold houses? They have a large fund of money but are not allowed to invest it in housing and repairs. I hope that I am not giving ideas to the Minister, but I am afraid that the Government may be thinking of raiding the funds of housing associations.
We should all bear in mind the point that my hon. Friend has made because we are dealing with a Secretary of State who, unfortunately, takes an irresponsible position on local authority and housing association revenue.
I was saying a moment ago that we are dealing with people who cannot obtain a mortgage. I am in favour of people being about to buy their own houses. I see nothing wrong with it. I do so myself. But at least there is consensus between the two sides of the House that a substantial number of people, albeit a minority, are not in that position, especially in London and the south-east where it is virtually impossible to buy any type of accommodation, even the smallest one-bedroom flat, at under £60,000. In the west midlands, prices are increasing, though at a slower rate. We have to find ways and means of ensuring that people do not sleep in cardboard boxes a quarter of a mile from here. They are not all tramps or irresponsible people. Even now, at a quarter to five in the morning, people are sleeping out just a quarter of a mile from here. The hon. Member for Sheffield, Hallam (Mr. Patnick) smiles. He probably has a comfortable home. For all I know, he may have more than one home. If he wishes to intervene, I will give way. The people who are sleeping in those conditions include individuals who have come to London from areas of high unemployment to seek work, but they cannot find any rented accommodation that they can afford. Therefore, there is a need to ensure that there is proper accommodation for all who require accommodation to rent. The Minister will no doubt tell us that the purpose of what we are debating is to provide more rented accommodation to ensure that people do not have to sleep in cardboard boxes and that families do not have to spend weeks or months, or sometimes even longer, in squalid bed-and-breakfast hostels. The very point that we are justified in making is that the Bill does not provide a solution for people with limited means. I believe that part of the reason for the clause that we are debating, and the manner in which housing associations will be forced to charge market rents so that thee will be a surplus for the Secretary of State to claw back, is to ensure that as many tenants as possible are driven into the private rented sector. That is the purpose of it all. On Second Reading the Secretary of State did not shy away from it. He stated that the Bill's main purpose, in so far as it provides for rented accommodation, relates to the private sector. He did not spend much time praising housing associations; I cannot recall him saying anything about them at all on Second Reading on 30 November. In the past few weeks, we have learnt of many tragic cases, particularly involving pensioners, of housing benefit being substantially reduced. That should make us all the more concerned that housing associations are not forced to apply market rents, particularly in those many cases where housing benefit will be insufficient—where it exists at all—to meet them. Housing benefit has been drastically reduced, and rent officers will have to ensure that tenants do not pay the level of rents that landlords will be demanding and at which housing benefit would be denied. There is no doubt that the Government's policy is aimed at forcing local authorities to end their role in housing. I put down a parliamentary question asking for an explanation of the Government's role in local authority housing, and the reply was that local authorities are no longer considered to be the necessary providers of rented accommodation. So far as the Government are concerned, the role of local authorities is a diminishing one. Later we shall be challenging the Government's attempt to undermine and diminish the volume of public sector rented accommodation by transferring it to the private sector. What concerns me are the Government's intentions in respect of housing associations. In a few years' time, should the Government remain in office, they may adopt the same attitude towards those associations as they have adopted towards local authorities. If the purpose of the Bill is to ensure that people who want rented accommodation can obtain it only from the private sector at market rents, why should there be a need for housing associations? Is that not one of the reasons why the Government are insisting that market rents should apply to housing association properties? If the Government wanted to ensure that associations should continue to provide accommodation at reasonable cost, they would not insist on the observance of market rents. It is necessary to curb the Secretary of State's powers. He has just returned to the Front Bench. I hope that he has had some sleep, although it would not have been the sleep of the innocent. Perhaps the Secretary of State heard me remark that on Second Reading he paid no particular attention to housing associations and did not go out of his way to praise them. We are dealing with a Secretary of State who is as described by my hon. Friend the Member for Bradford, South (Mr. Cryer), and we are concerned that he will use his powers irresponsibly. It may be that if the Minister was the Secretary of State, we would feel a little more confident, because there is a distinction to be made between the two—[Interruption.] It appears that a number of my hon. Friends, and one in particular, disagree.I held that view through long periods of the Committee stage and continually gave the Minister the benefit of the doubt in an attempt to obtain concessions that were never forthcoming. However, when it came to the crunch, on all the major issues the Minister always did the Secretary of State's bidding. For years he has been proceeding in such a way as to ensure that tenants' rights have been seriously and dramatically undermined. We must rid ourselves of the belief that we have a benefactor and friend of housing associations and tenants in the Minister. He simply speaks with a smile and grits his teeth. The Secretary of State may be more open, aggressive and arrogant, but the message is the same.
I may have been too generous. I have a weakness in that respect that I must try to curb. I am always most generous to my own colleagues, and I must try to curb any extension of that to Conservative Members.
It could be that the Minister started off reasonably well when he first went to the Department of the Environment, in so far as any Tory can start off reasonably well, hut, having worked in close association with the Secretary of State, he reminds one of Lenin's description of Bernard Shaw as a good man fallen among Fabians. The Secretary of State has exerted undue influence on the Minister. I must confess that the Minister has never struck me as someone who would resign over a policy disagreement. He is ambitious. I understand that they both went to the same school, and there may be some old school ties between them. We should vote on the amendment before us. It is right that we should demonstrate, as we have been doing for the past three hours, our anxiety about the future of housing associations and the dedication of those involved in them—a point made by my hon. Friend the Member for Islington, North (Mr. Corbyn). They should know of our concern and the indifference of Conservative Members, who have taken no part in the debate and have not supported the housing associations.Has my hon. Friend had a chance to read the National Federation of Housing Association's publication—"Housing associations 1987–88—the breakthrough"? In it he will find a large number of photographs of Conservative Members of Parliament and, indeed, the Minister, who is now sleeping opposite us, showing their great interest in cutting tapes and opening housing association developments. Is he aware that under the Bill many of those developments will end up as privately owned flats let at high rents, not for the benefit of those for whom they were built in the first place?
That is a useful intervention, as always, from my hon. Friend. Conservative Members give the impression in their constituencies that they could not be more keen or enthusiastic about housing associations, but when they are criticised because the Government do not allow local authorities to carry out their basic function, or what should be their basic function, of providing accommodation, something that has been agreed by successive Governments over the past 60 years, their reaction has always been, "We support housing associations. We will open this, do that, or anything you want." All they want is some useful publicity in their local press. But when it comes to the crunch, when it comes to defending housing associations and trying to ensure that their tenants are not forced to pay exorbitant rents, there is silence. There are two or three Conservative Members present and one is fast asleep in the corner, as far away from housing associations as Mars. In the main they show no interest.
What does my hon. Friend suppose that Ministers and Conservative Back Benchers will say to tenants when the schemes are opened? I understand that as a result of the introduction of private finance, £10,000 less per unit is likely to be spent on the construction of properties. Will they say, "This is an improvement," or will they say, "Goodness me, we did riot expect standards to be lowered"?
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Undoubtedly the latter. I have often found that Conservative Members, when approached about some harshness in Government policy—even housing benefit—say, "Oh, really? I did'nt realise that. I shall write to the Secretary of State." They then write to the Secretary of State, knowing full well what the reply will be, and they send the reply on to the person who has complained. We know how Conservative Members behave, especially those with marginal constituencies. Those with safe constituencies may not even bother to make representations in the first place.
One of the good things, as I think my hon. Friends will agree, is that Hansard can be sent around, so we can ensure that the manner in which the debate has been conducted is known. The silence—I would not even describe it as an eloquent silence—of Conservative Members will be the answer to the few naive people in housing associations who will not accept our explanation for the indifference of Conservative Members to the housing association movement.May I suggest that my hon. Friend is being somewhat unfair to the hon. Member for Weston-super-Mare (Mr. Wiggin)? He is not actually asleep; he is acquiring knowledge—
Order. We are debating amendments that the Opposition have tabled, not individual personalities in the House.
Is my friend aware that the long-term effects on housing associations will be catastrophic: very high rents, the encouragement of the right to buy and, ultimately, a change in the type of person who will live in their properties? Is he also aware that many housing associations have a specific, specialist function? People with disabilities, people from divided and broken homes and people who were formerly homeless or in institutional care will end up in the most appalling circumstances—and probably homeless.
I hope that my hon. Friend will not feel aggrieved if I refer to him as my hon. Friend, as he has said "my friend". It simply shows that I am old-fashioned in such courtesies. I know that my hon. Friend means very well, and he may be right at the end of the day.
My hon. Friend has made the most valid point that could be made. Housing associations have indeed gone out of their way—simply because they see it as part of their function—to help people who, especially nowadays, cannot be rehoused by local authorities. Those people with all kinds of difficulties who have come out of institutions can at least be provided with adequate rented accommodation by the associations. But now that the associations will be forced to charge market rents, the position of the people described by my hon. Friend will be made even worse. Does not the Secretary of State—even a Secretary of State with such rigid, Thatcherite, Right-wing views as the present one—recognise that the people who have been helped by housing associations will be helped much less as a result of the financial pressure imposed on the associations: the clawback of the rent surplus and the fact that they will be forced to charge market rents, with housing benefit being drastically reduced all the time? I make a distinction. Perhaps my hon. Friend the Member for Makerfield (Mr. McCartney) was slightly wrong. I believe that the Minister recognises some of the points that have been made, not just because I have made them, but perhaps because others have made them more eloquently. However, the Secretary of State is simply indifferent to those points. It is all the more tragic that the senior Minister in charge of housing has views that reflect the 19th century, or before, rather than the last few years of the 20th century. Frankly, the Secretary of State is totally and callously indifferent to the plight of those people described by my hon. Friend the Member for Islington, North. If the Secretary of State were to rise, he would tell us that the explanation is simple—people should pay a market rent and the market place is the only solution. He would claim that people buy bread and food and everything else in the market place so they should buy their houses there, too. We believe that some people cannot afford market rents. If they could, they would buy. Would people choose to pay market rents in London and the south-east if they could get a mortgage? Common sense dictates that if they could, they would obtain a mortgage and as a result of tax relief, have secure accommodation—their own homes. People who are not in that position need rents set at reasonable levels. I believe that many people, such as those who have been institutionalised, need help in this regard. Their only chance to leave an institution may be if they can be considered safe and secure and can obtain rented accommodation. If market rents prevail, those people will have little chance of leaving an institution. All Conservative Members, including the Secretary of State and the Minister, who do not support the amendment in the Division Lobby will have on their consciences the fact those people will continue to suffer. I know that many of my hon. Friends want to participate in the debate, so I will bring my remarks to a close. If there are to be surpluses—and we have argued that in many cases surpluses would not be justified if housing associations charged market or exorbitant rents—instead of being clawed back by the Secretary of State, those surpluses should be retained by the associations to cover deficits, to carry out repairs and other essential work, to cover service costs and to ensure that associations have a balance in their accounts. If there are to be surpluses, they should be retained by the responsible housing associations. No one has said that they are not responsible. It would be better if that money were retained for major repair work and service costs than that it should be clawed back by the Secretary of State with no guarantee that the money will be used for housing purposes. For those reasons, we believe that the amendment is perfectly justified and should be supported.I want to make only a few points. I listened carefully to the Minister, and in effect he said that we were making a fuss over nothing with regard to the amendment.
I will not repeat ad nauseam what my colleagues have said about the Minister's function, role and attitude to housing associations and rent levels in general. We are not in the business of taking the views, opinions and attitudes of the Minister and then claiming that they are different from the harsher opinions and standards of the Secretary of State. We are in the business of looking critically at proposed legislation and deciding whether there are sufficient assurances for us to go along with it. In respect of this part of the Bill, we are not convinced by what the Minister has said either in Committee or on Report. It is clear that the Government have changed the whole role of local authorities in the provision of rented accommodation. They have made no secret of the fact that they want to get local authorities out of the provision of rented accommodation. They are not keen on having any publicly provided rented accommodation. The Government have so changed the role of local authorities in the provision of rented accommodation that it now appears most likely that they also want to change the role of housing associations in the provision of rented accommodation. In other parts, the Bill changes the role of housing associations. That is not just us being alarmist. It reflects the views and opinions expressed by housing associations. The Minister can tell me if I am completely wrong, but generally housing associations have deplored these provisions as they affect them. If any housing associations have told the Minister how much they welcome the provisions, I shall gladly give way to him so that he can read out their names. We do not know of any. Clearly, the Minister knows that housing associations are deeply suspicious of the proposals. It comes ill from the Minister to suggest that we are making a fuss about nothing when we say that we are equally suspicious of the Government's intentions in respect of housing associations. They have changed the nature of local authority provision of rented accommodation and it is now only one stage further to change the role of housing associations. Just as the Government have forced local authorities to push up rates and go for surpluses on their housing revenue accounts, so, if the Bill is passed, they will be able to do precisely the same with housing associations. In the past, local authorities have been told that they must dispose of their housing stock through compulsory sales under the right to buy. Again, with greater powers going to the Government in respect of housing associations, it is only one step from directing them to dispose of their properties. Not only does one see dangers in this part of the Bill for rents, but it is a sign of the Government's likely future response and attitude to housing associations generally. We can see the time coming when the Government will direct housing associations to continue to increase their rents in order to create surpluses which the Government can claw back to use for other areas of expenditure, perhaps not even necessarily connected with the work of housing associations, or for more schemes for housing, or even for other forms of housing provision within the housing association sector. The Government are making the poorest people pay for their housing and repairs and then pay for other people's housing and repairs, while owner-occupiers receive more and more subsidies from the Government through taxation relief. We do not believe that the amendment is a fuss over nothing. The Government's record makes us highly suspicious about their future intentions for housing associations. For those reasons alone—they are enough—we shall continue to push for the amendment.
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I should like to follow on from where my hon. Friend the Member for Newham, North-West (Mr. Banks) left off and discuss the deep suspicions that have been aroused by clause 50 and its consequences for housing associations. When the Minister spoke earlier, I had hoped that he would put minds at rest, but he did not allay those suspicions.
One sure way of removing any suspicions is by supporting amendment No. 85. Although that amendment will retain the Secretary of State's power to make housing associations have a grant redemption fund, it will prevent the Secretary of State from taking money from those associations and using it elsewhere. The Housing Associations Act 1985 set up those redemption funds and I am sure that everyone would agree that only a small amount of money has been raised by their operation. The sum raised is not large enough for the Government to believe that it is not being put to good use. That money has given some security to housing associations, but the total raised by them has not been great. What would happen if the Secretary of State implemented clause 50 unamended? The Minister said that the money would go to the Housing Corporation and not to the Secretary of State. The trouble is that the Secretary of State's record is not good in relation to money received by organisations that are directly funded by his Department. Is it possible to imagine that the Secretary of State will ignore the bonus that will result from the collection of surplus rent—overcharged rent—and that he will continue to make the same level of provision because of his concern about housing need and the importance of housing associations? The extra money will go to the Housing Corporation. Will the Secretary of State ignore such money when it comes to funding the corporation next year? That takes a lot of believing. One must consider the right hon. Gentleman's record on local government and that of previous Secretaries of State. In those circumstances,, we have every right to be suspicious and to press amendment No. 85. If the Minister does not accept that amendment, we have every right to take it to a vote. In that way we shall have attempted to allay the fears of the housing associations and to keep the Secretary of State's hands off the money. The housing associations should have that money to use in those areas that will be beneficial to housing rather than for the Exchequer to use the money indirectly in areas where it will benefit the high income earners of our society. We must remember that this is not the only change facing housing associations. The other major change will be the lifting of controls on rents. When the Bill is passed., things will be different. Earlier, we tried and failed to get some form of proper rent ceilings for housing associations, recognising the different problems of incomes among the regions. The Minister did not appear to agree with our desire to give some security to people living in housing association properties—and to homeless people who would like to live in them but whose homes are not yet even on the architect's drawing board, so to speak. I want the Minister to reconsider his position and say that the Government will not use the housing associations as milch cows, from which the present rent controls can be removed. The Government should not force up rents to the market rents that they keep mentioning. Goodness knows what things would be like in housing if they did that. Many Consevative Members feel that that should happen quickly; members of the Government have made statements that are close to it. It would be a charter for Rachmanism, and I would be completely against it. We should at least assure the associations that they will not be used as milch cows—[Interruption.] Even if rents were forced up in some areas—[Interruption.] I shall give way to the hon. Member for Nottingham, South (Mr. Brandon-Bravo) if he wants to intervene. If the hon. Gentleman wants a debate with his committee of hon. Friends, perhaps he should take them out to the Lobby, so that those of us who are concerned about the amendment's effect on housing associations can carry on a proper debate here. If Conservative Members want to intervene, they are welcome to do so; if not, they should leave the debate here to hon. Members who are concerned about housing associations, not about tips for Ascot tomorrow—if tomorrow ever comes. The housing associations have projects on which to spend the money that is likely to accrue in the grant redemption fund. The Minister knows that the Government consultation paper "Finance for Housing Associations" gave many examples of uses to which the associations might put increased income from higher rents. I am not saying that I am in favour of higher rents—that would be misleading, as I am not—but the paper gave some examples. Retained surpluses would be needed to fund the proposed progressive phasing out of grant for major repairs and for service deficits. If clause 50 is operated in future and the Government claw back the higher rents into the Housing Corporation—and perhaps then into the Exchequer—how will they fund major repairs or service deficits? They are likely to be funded by the tenants. They will be the only available source. The only other person who could fund the housing associations would be the Secretary of State, who would take the money away.Does my hon. Friend agree that the Government want to see surpluses being built up not just because rents will be forced up but because that will ensure that proper investment is not made? Underfunding, not just of the housing associations but of any form of housing body that is not in the private sector, is part and parcel of the Government's strategy. A devastating effect of this is the backlog highlighted by the Audit Commission. The Government have done nothing to tackle the problem and, as my hon. Friend says, for tens of thousands of tenants the surplus that will result from clause 50 will be because of under-investment in their homes and of high rents, both of which the Government have supported.
I am grateful to my hon. Friend for that intervention. In the past six months I have had a classic example of the underfunding of housing associations. An association approached me indirectly through a member of the community in Maltby, which I represent and in which I live, in south Yorkshire. A dramatic change was being brought about in the ownership of houses that had been owned by British Coal. Some of them are still owned by British Coal, but the houses are being sold off to new landlords.
The South Yorkshire housing association, a small association which was formed just a few years ago, was very worried about the matter. We shall later mention the problems with new landlords. That association approached me to see if there was any way at all in which I could get British Coal to reduce the cost of the houses that it wanted to offload on the private market. The price was 50 or 60 per cent. in excess of what could be afforded for homes that would have to be repaired and managed in a reasonable scheme that would have enabled the association to charge a reasonable and affordable rent. I am glad to say that eventually a deal was struck. I do not know the exact details of the deal, but as a result of it people moved into some houses in Maltby. Others are still on the market. There is still uncertainty about whether the South Yorkshire housing association or another association of the same size will be able to buy the properties. As the Minister knows, if they do not go to a reputable landlord, they will go to auction in the City of London and that will create months or even years of chaos. Housing associations that have bought houses in that way have been able to give some security and are responsible landlords. Without money, the associations would find it difficult to make a bid to a public body that was unloading houses, especially houses that needed repair. This clause, if unamended, could take the extra funding away. In his consultation paper the Minister accepts that it is not a bad idea for housing associations to have some money. One of the reasons for his belief that they should have some money is that that will enable them to attract money from the private sector and get mixed funding. The consultation paper said that it might not be a bad idea for housing associations to have some money. The Minister is proposing to take money, presumably annually, and give it to the Housing Corporation. How are we to get mixed funding if housing associations will not have money put aside from present need in order to attract private capital into their areas?My hon. Friend makes the telling point that the Government's claims about seeking mixed funding are bogus. Is it not the case that what the Government seek to do is to fatten up the housing associations so that they can be sold off to private landlords rather than encourage some mixed funding that might benefit the tenants and provide real investment? Their real motives are to ensure that the private sector takes over that housing, with the ultimate aim that housing is run not for public need but for private greed.
5.30 am
I do not wish to digress too far from what is before us, but I agree with what my hon. Friend said. I mentioned the selling off of the ex-public housing stock of British Coal on to the open markets through auctions, and so on, which the Government have been doing for many years. The only other common thread in the Housing Bill, other than that, is the one to try to deregulate rents in some form, so that the market will be ripe for the spivs and the city slickers to make quick killings. Of course, we have yet to debate the implications of short-term tenancies and the implications of people wanting to buy ex-public housing stock.
I have to disagree with my hon. Friend the Member for Edinburgh, South (Mr. Griffiths) that the Government's intention is to sell off housing stock to private landlords. My hon. Friend the Member for Rother Valley (Mr. Barron) has made a good point and I hope that he does not repeat it when the Secretary of State resumes his seat, because he might just put the idea into his head.
I must say that it will be one of many ideas that go through the Secretary of State's head on a regular basis. Presumably, many thoughts have gone through the Secretary of State's head since Second Reading. I do not have to tell my hon. Friend who sat on the Committee that this creature has grown and grown. Presumably, thoughts may still be coming in, but whether they will end up in front of us while we are considering the Report stage, Third Reading or in another place, we shall have to wait and see. There may be backwoodsmen in the other place who also have thoughts about the Housing Bill.
As I said earlier, I do not want to go into great detail on amendment No. 85, but in closing I echo the request to the Minister for Housing and Planning—who is still sitting with his eyes open most of the time—to give a good reason for not accepting our amendment, which would remove the threat that hangs over the housing associations as a result of subsections (6), (7) and (8). As was mentioned in the consultation document, that would give the Housing Corporation the power to give the housing associations the freedom to stand on their own. I am sure that the Minister will want to clarify the position before we move on to other matters.I suppose that there is some merit in our being in the Chamber at 5.30 in the morning discussing housing matters which are important to the people we represent and crucial to the social fabric of the country. It is appropriate that the Minister and the Secretary of State should be here—of course, he has left us—in order to participate in the debate.
It is sad that we are here this morning, because I would have thought that the merits of good housing would commend themselves to the House and the country. It raises the fundamental question why, if we are all interested in good housing for our people, there are so many amendments attempting to find the answer to that question. It is sad that we are debating the amendments on the premise that, through this legislation, the Government have created a great deal of controversy, concern and anxiety within housing associations and local government. I wish that we were here this morning to commend a Bill that was in the interests of all our people and had the support of all in the House. Clearly, that is not the case, because the legislation represents the doctrinaire attitude of a Government who are not interested in promoting the best housing. We are suffering from missed opportunities to provide in the Bill the means to respond to the problems in many constituencies. The Minister should have taken the opportunity to resolve some of the problems. He has not done so, because he is under a great deal of doctrinaire pressure to respond to what are allegedly housing issues, but which are in fact the interests of the markets and commodities. The Bill does not face the human need for housing in 1988. We recently conducted a survey in my constituency to discover the accommodation needs of the elderly and the disabled. The Government say that that should be a function of the housing associations. Our analysis showed 2,500 elderly and disabled people waiting for 50 disabled persons' bungalows. Someone aged 70 would have to wait until he was 120 before being provided with such accommodation. The building programmes and the specialist housing provision simply do not meet the need. There is a growing need for investment in the unpopular estates with their multi-storey housing and deck access. The Secretary of State should be sufficiently concerned to tackle some of the underlying social problems in the inner cities. The Prime Minister talked about tackling that problem, but where are the resources and commitment in the Bill to begin to approach that problem and the problems of escalating rents and rates? The Government are responsible for inflicting massive rent increases—[Interruption]. Perhaps the hon. Member for Harrow, West (Mr. Hughes) would like to deny that.What about the rates?
I can justify rate increases in terms of the reduction in rate support grant to my local authority arid every authority since 1979. There has been a massive reduction in support for rent and rates, and they have escalated as a consequence.
The missed opportunities in the Bill are there for all I o see. It is a vehicle for Rachrnanism and landlordism. It does nothing to satisfy the expectations, needs and desires of people for good housing. I liken the Government's obsession with markets and commodities to a new game of monopoly. The Bill deals with picking a landlord and picking a tenant. Instead of making purposeful progress towards good quality housing for all our people, the Bill reflects the short-term gift and profits that the Conservatives want to give to landlords. I hope that the people of this country will realise that the Bill has nothing to do with good housing, making progress with tenants' associations, or delivering the housing that they want. I hope that, even now, the Government will reconsider their obligations in respect of good housing and make purposeful progress to meeting the legitimate needs of our people, rather than following a doctrinaire housing policy that will put money in the hands of landlords and achieve nothing for those people who are crying out for decent housing.Clause 50 is part of a family of clauses that we debated in Committee regarding, first, changing the nature of the relationship between local authorities and central Government and the funding arrangements with housing associations; secondly, changing the nature of funding between local authorities and housing associations; and thirdly, in a more general sense, changing the nature of the relationship between housing associations and local authorities. As a member of a local authority and as someone who has been deeply involved with local authority housing and housing associations, I have noticed the changing nature of the relationship between local government and housing associations over the past decade. I want to deal with those changes in detail and the effects of those changes and make it critical for local authorities, such as my own in Wigan, to—
Order. I do not think that the hon. Gentleman is looking at the same clause as I am. We are dealing with parts of clause 50 which deal with the surplus rental incomes of housing associations. It has nothing to do with local authorities.
The new clause concerns local authorities and, if you will allow me to proceed, I shall show you the direct connection. You know me better than to suggest that I would take advantage of your good nature at this early hour of the morning. If you had been with us in Committee, you would have realised that I keep to the subject under discussion. I am attempting to show what has happened and what continues to happen in the metropolitan borough of Wigan and why the concern of the housing associations is mirrored by that of the local authority associations. It is important that clause 50 is amended and that the Minister takes on board the protestations of my hon. Friends who have already spoken.
5.45 am Wigan is one of the larger metropolitan boroughs. In 1986, the Audit Commission's report into the housing needs of 400 local authorities in the United Kingdom placed Wigan in the top 10 housing authorities for providing accommodation in a wide area for both special needs and general housing categories. It congratulated Wigan on the way in which it operated its housing policies. It commented on the way in which the local authority and the housing associations worked together on the housing investment programme, and on the way in which the housing grant schemes worked so as best to utilise the resources of the local authority and those of the housing association. Wigan was congratulated on dovetailing the priorities of the housing associations with those of the local authority to enable the housing needs of the community to be met cost-effectively, while considering the needs of the community as a whole not just by providing the general type of housing that one would expect from a local authority, but by working with housing associations to provide more specific types of accommodation for those with special needs, such as the physically and mentally handicapped; and for dealing, through HAG and the housing associations, with the special programmes that are necessary, for those who are physically abused and for the mentally handicapped, and on its programme of reintroducing into the community those who were formerly, or are still, in institutions because of their mental and physical disabilities. Therefore, there is a direct correlation between this clause and the continuing relationship between the housing associations and the local authorities because the continuation of that funding link will provide the only real new investment in housing stock, both now and in the foreseeable future in many areas. The reality is that, since 1979, Wigan metropolitan borough council's housing investment programme has been cut from £18·7 million to £5·1 million—Order. I have been listening patiently in the hope that the hon. Gentleman would be able to confirm his earlier statement that he would demonstrate the links between the clause and the other matters to which he has been referring. He has not persuaded me at all. I do not see any link between the matters that he is talking about and the provisions of the clause, which deal with the surplus rental income of housing associations. The hon. Gentleman must either address himself to the amendment before the House, or resume his seat.
I have listened to what you have said, Mr. Deputy Speaker, but again reiterate that there is a direct correlation between what the local authority previously provided through its housing investment programme and what is now having to be provided through the housing investment programmes of the housing associations, and how that programme is agreed jointly—
Order. Be that as it may, it still has nothing to do with the amendment that we are discussing. It matters little whether the link exists or not, if it does not bear upon the amendment that is before the House. I hope that the hon. Gentleman will address himself to the amendment.
It does have some bearing in relation to what happens to the surpluses; to the way in which they are used; to what this proposal will do to the long-term investment interests of the housing associations; and to how that investment relates to the agreed programme of new investment, linking it with the local authorities' priorities in the community.
My hon. Friend is making a point about a technical matter that we debated at some length in the early hours. The difficulty that arises in relation to subsections (6), (7) and (8), which the amendment proposes to remove from clause 50, is that the surplus accruing to the housing associations, which will be redistributed through the Housing Corporation by the Secretary of State, are the sole method of financing the development of the housing associations. Local authority expenditure is being cut, so there will be no new money available for housing associations, except through rent increases.
Inevitably, housing associations will be called upon to deal with the increased demand for money for new house building stock through rent increases. Is that not the consequence which my hon. Friend outlines in a highly technical way? Probably only the technically expert would understand my hon. Friend's comments, but I fully follow them. His points are clearly linked to subsections (6), (7) and (8), which we are trying to remove.I do not want anyone to infer that the Chair does not follow the technical arguments, but my hon. Friend's analysis is correct.
Will my hon. Friend comment on the relationship with the programmes on community care, which the Government are encouraging? In my constituency, the health authority, as opposed to the local authority, is in negotiation with a housing association to close wards for elderly people, put those people into housing association units and try to get community care to link up. Rents will be charged when the units take over from the hospital wards. Papers to be before the DHSS this Thursday say that housing benefit will fully cover the rents of those elderly people who are to be transferred to the community. As my hon. Friend has made clear, a link with community care has been established. Will he comment on this? I should like the Minister to say that the DHSS will fully fund the new rent levels for elderly people who are transferred to the community.
Order. That point is a long way from the amendment. I hope that the debate will be confined to the amendment.
Having been here since the beginning of the debate, I do not want to fall foul of you, Mr. Deputy Speaker, and end up being named and having to leave before the debate is finished. As my hon. Friends have said—Mr. Deputy Speaker allowed them to continue—there is a link between the surplus and rents, and we are interested in how the money is invested.
My hon. Friend is doing a sterling job and is convincing me about the powers that the Secretary of State acquires in subsections (6), (7) and (8) over surpluses. It is obvious that the Bill is fundamentally flawed. Rather than give tenants additional rights, it withdraws them, as my hon. Friend would agree. It is obvious from his examples—I am sure that he has many more, which we should like to hear—that the need to have a surplus which can be handed to the Secretary of State will force up rents and leave a backlog of disrepair, which my hon. Friend may like to illuminate for us.
I should like first to deal with the comments of my hon. Friend the Member for Manchester, Withington (Mr. Bradley). The relationship between housing associations in my area and the funding of special needs projects in the community is critical. There are a number of examples. In my constituency, an elderly persons' home is under construction. It will be not just for those over 65 but for those who are in the mentally confused category. It is critical for the funding of that programme, and for the investment of the Grosvenor housing association, that the Government clarify their intentions under the clause.
The Grosvenor housing association has completed in my constituency in the last 15 months a section for the mentally disabled who are released from hospital by the North-West regional health authority. That is being done with the support of and funding arrangements made by Wigan metropolitan borough council. That project is almost unique in community care in the north-west. The rent levels in that development are vital, and I hope the Minister will clarify the Government's thinking on that type of project, which is one of a series planned as a joint funding venture between the regional health authority, the local authority and the housing association. It is critical not only in terms of the projects in my area but in terms of the Government's policy of care in the community. In my constituency we have built refuges for women who have been physically abused. The local authority, together with housing associations, has used inner-area programme resources to cater for the needs of women and children who have been physically abused at home. In Wigan, the Grosvenor housing association and the local authority are investing substantial sums on a programme of new build spread over the coming three years to cater for physically abused women. The levels of rents and what happens to any surpluses are vital issues in considering the future management and financing of such refuges. Because of the changes in housing benefit, the funding arrangements of some refuges are having to be reconsidered. It is vital for the Minister to clarify what will happen in the sort of special needs circumstances I have outlined. There are a number of other housing associations in my constituency. In conjunction with the local authority, they operate on a zoned basis. The County Palatine housing association, for example, is building homes for the elderly. The same association is involved in another part of the area rehabilitating properties that were unable to he used by the private sector. They are now being brought back into the public sector for renting. The housing benefit is a critical factor in this investment programme. A housing association called Church Army specialises in providing housing for the elderly. Let us not forget that since 1979 not one new property has been built in my area specifically for the elderly and elderly disabled. But for investment programmes agreed between local authorities and housing associations, there would be huge gaps in our housing provision. There is a clear link—in practical, day-to-day terms—between the Department of the Environment, the local authorities and the housing associations. My borough council is not unique in the sort of provision that I have described. Hon. Members in many parts of the country could relate similar stories. The relationship has changed dramatically as the role of the local authority as the major provider of housing has been taken over by housing associations. Indeed, but for the action of those associations, virtually no new build would be occurring for the physically disabled, the mentally disabled, the physically abused, the elderly disabled, the elderly confused and the young homeless. Almost all those aspects of housing policy are funded through the National Federation of Housing Associations. Therefore, it is critical that we understand the effects of the clause on the long-term investment strategy of housing associations. 6 am Just as important is the relationship between housing benefit and the level of rents. Those most at risk from changes in housing benefit and in rents are the poorest and the most vulnerable. It would be ironic if local authorities, having reached financial arrangements with housing associations after assessing the needs of the community and planning their investment programme, and having a strategy agreed with the Housing Corporation or the Department of the Environment, found that the viability of the projects was undermined and that the people could not be helped. We did not deal in detail with that aspect of the Bill in previous debates. I debated it in Committee with the Minister and with the Under-Secretary of State, who is not with us at this early hour. I hope that she will be with us during the debates after breakfast. The Minister smiles. I have an ongoing relationship with the Under-Secretary of State in the sense that at least she listens sometimes to the arguments which we put forward. She sticks to her brief and does not make false promises. If there is no promise in the brief, no promise is offered. The Minister of State does not always stick to his brief; occasionally he offers us sympathy and suggests that he may be able to assist us. Unfortunately, in most cases he has not been forthcoming with the assistance. That was the case in the debate in Committee on the general aspect of investment under this clause. I do not want to run foul of you, Mr. Deputy Speaker, so I will not go into detail on the debate, apart from asking hon. Members to read columns 687 and 688 of Hansard of the Committee proceedings. There the Minister and I debated the allocation of scarce resources in stress areas and how that had been exacerbated by the changes—Order. The hon. Gentleman is now going into matters with which he said that he would not deal. He should return to the amendment about the surplus rental income of housing associations.
I said that I would not go into detail, but surely, Mr. Deputy Speaker, I am allowed to allude to the debate which took place in Committee, if only to give hon. Members at least an inkling of the discussion which I had with the Minister. [Interruption.] It is all very well for the hooray Henrys on the Conservative Benches who have been at Annabel's all night to make rude remarks from a sedentary position about a subject which crucially affects hundreds of thousands of people who are relying on something good coming from the Bill.
Some of us spent over 180 hours during three months in a genuine attempt to ensure that the Bill would benefit people who require houses. It ill behoves hon. Members who are prepared to debate the Bill to make rude remarks from a sedentary position. If they want to make valid contributions, I am prepared to give way to them at any time, singly or collectively. The hon. Member for Harrow, West (Mr. Hughes) was a member of the Committee, but he rarely availed himself of the opportunity to speak. He usually withdrew his amendments so that he would not have to explain his position. So it is important, Mr. Deputy Speaker, that you allow me at least to paraphrase a little of Hansard's official record of the debate in Committee. Since that debate on 4 February, the situation has advanced in terms of Wigan borough council. In Committee, I told the Minister that his Department, together with the local authority, the private sector and the housing association, was considering a major development plan for the Worsley Mesnes estate in my constituency. It was originally built in the 1960s and comprised mainly maisonettes, decked flats, and system-built properties of the type from which all of us suffer because of the nature of such developments. The Department of the Environment, in discussion with the local authority, examined ways of refurbishing the estate and also of introducing private and other sources of capital, ensuring not only that houses could be refurbished but also that the derelict land available could be utilised for new homes and other environmental purposes. If a deal is to be struck between the local authority and the Department, it is necessary to secure housing association investment along with that from private developers. Despite the local authority's reservations, that has been achieved. Since February, the authority has met housing associations and private sector developers and has made a submission to the Department of the Environment involving the Grosvenor housing association and Beazer Homes. That programme involves not only demolition and the construction of new units to meet special housing needs but the refurbishment of existing maisonettes and decked flats. The management of those new units will be the responsiblity of the housing associations and not the local authority. Its involvement will be limited to introducing potential tenants to the housing associations from its own waiting list. Critical to the investment will be rent levels and the rate of return to the housing association. I refer to a development costing not just tens of thousands but millions of pounds, in an area that desperately needs refurbishment of its housing stock and general environment. I want the Minister to give me an assurance not only that that scheme will proceed along the lines of the submissions made to his Department but also that there will be guarantees about the funding of the housing associations and about rent levels. It is essential to the people on our waiting list and to others, including the young, that they should be able to afford the rents of those units. It is not the intention of Wigan local authority, and certainly not of the associations, to provide a refurbished estate only for those who can afford high rents or to purchase. We want it to provide housing for the indigenous community across a wide spectrum of tenancies. This clause is critical to all of that. It is critical for this reason. I want to quote from a document from the National Federation of Housing Associations which highlights the particular problems involved in investing in such estates. It says:On the estate to which I have referred, unforeseen costs could occur in a number of areas, both in terms of the possibility of mining subsidence and construction problems. For example, the large-scale use of asbestos in the heating pipes serving the deck flats requires additional work even before the refurbishment work commences. The document goes on to say:"Another important factor is that associations who take part in schemes funded partly by private borrowing and partly by public grant will be expected to bear major risks as the grant is likely to be determined at the beginning of a scheme and will not be increased to take account of unforeseen increased costs."
That is the view of the housing associations, the very people the Minister is saying he wants to encourage to diversify and become involved in areas of investment and in projects in which they would not usually be involved. Therefore, I am again seeking an assurance from the Minister about that aspect of funding and the level of rent, what will happen to the surplus and how they will be reworked into the system. The Minister said in an earlier intervention that the surpluses would come back to meet housing needs. I hope that he will elucidate precisely what he meant by that and say precisely where the surpluses will be used. It is ironic that in areas of housing stress, where housing surpluses begin to accrue, they are then reinvested in other areas with lower housing stress or where the priorities are different. The only equitable answer is that, where surpluses arise, they should be reinvested in the community where the housing stress was first established and where the schemes to get rid of it were initiated. Without that assurance, all the Minister is saying is that once again the Government are using housing stress as a basis to increase rent levels and to decrease the Exchequer's commitment to housing benefit. In the end, those most in need are those most likely to pay the most in terms of financial penalties. I hope that for once in his life the Minister will give a real assurance that the worries expressed by the National Federation of Housing Associations and my hon. Friends will be met."To expect associations to bear this risk and to also take away their only prospect of building up some form of surplus is inequitable."
My hon. Friends have debated the amendment in detail and I welcome that. They have made a number of serious and important points.
Clause 50 is entitled "Surplus rental income". It gives the Minister power to take away the so-called surplus rental income. That is a mandate for daylight robbery. It facilitates robbery mainly from the tenants. In the end, the money comes from the tenants through higher rents. As I said earlier, many of those tenants already pay a high rent in proportion to their earnings. It will be done via the housing associations. The clause gives the Secretary of State amazing powers. He will decide on the method of constituting the rent surplus fund, when it must be paid and any other matters connected with housing activities. He will decide the interest that can be paid, and when it should be paid. He is given immense powers. The House should not give such widespread and unaccountable powers to the Secretary of State, allowing him to do what he wants to housing associations once the powers are enshrined in law. That is wrong, especially from a Government who were elected on the basis of speeches about their opposition to a centralised state interfering with private individuals, companies and associations. Here we have a centralised state gone rampant, with a Secretary of State able to intervene wholesale. Housing associations should work privately, without undue dictatorial influence being exerted on them by the Secretary of State. As we have seen from examples in other spheres, such influence could be used by an unscrupulous Secretary of State to wipe out a small housing association that does not fit the bill, or because a private speculator with Conservative party interests has his eye on the association's property. Given the powers in the Bill, the Secretary of State could step in, charge huge rates of interest and say that the association must charge high rents. He could force the association out of the work that it was trying to do and ensure that its properties fell prey to the private speculator. Those powers are grounds for potential corruption, and we should oppose them. This is an appalling clause. As I have said, it facilitates daylight robbery. I support the amendment, which is designed to stop such an abuse of power.I thought that the Minister, after his brief intervention, might have responded to some of the points that have been raised. Before we pass legislation to take away surplus rental income from housing associations, it is important to ask—as many of my hon. Friends have asked—where that income would come from. It is inevitable that the issue should be included in the complex equation of housing associations' financial arrangements, because the Bill will mean tenants paying increased rents.
I tried to intervene to ask the Minister a question. We have not received answers to our questions all night. In particular, I asked the Minister to give us a guarantee that 100 per cent. housing association grant funding will still be available to small housing association schemes. I will give way to the Minister now if he will give us that assurance.I will intervene if the hon. Gentleman promises not to go on for another six hours.
I will not go on for another six hours on this amendment.
I would not ask for more than that modicum of fairness.
There will be 100 per cent. funding for schemes—which may not always involve small schemes—which cannot obtain finance from the market to meet their objectives. Some of the smaller schemes may be able to borrow money and some of the larger schemes doing special things may not. I do not want to attach the funding specifically to small schemes, but there will be a continuation of 100 per cent. funding if that is the only way to meet the necessary objectives.We are grateful for the Minister's contribution, because it will mean that some of the schemes outlined by my hon. Friend the Member for Makerfield (Mr. McCartney) will have a chance of survival and will not be squeezed out or jeopardized.
The Opposition have mounted a spirited defence of housing associations tonight. Housing associations will still be pressing for the grant redemption fund to be abolished. As that cannot be achieved, because the proposal was turned down in Committee, our only option is to support the amendment that will delete the clauses that enable the Housing Corporation to make use of the GRF. In other words, we will neuter the import of clause 50. I remind the Minister and his Back-Bench colleagues of a sentence in yesterday's debate:We have argued all night that we would create an atmosphere if clause 50 were to be passed in its present form. I acknowledge that the words I have quoted come from the hon. Member for Leeds, North-East (Mr. Kirkhope). If the Minister will not heed our calls on this point, I urge him to heed the calls from his own Back Benchers. This may be the last-ditch stand for some small housing associations and co-ops, and it will be clear from tonight's debate who in the Chamber are the real defenders of housing associations. Conservative Members claim to support the housing association movement, but they will be judged by the way in which they vote in the context of this Bill which will introduce legislation that will damage the housing associations. I urge all hon. Members to support the amendments and to neuter clause 50 by preventing the clawback of the rental surplus."It is important not to create an atmosphere in which small housing associations are unable to continue their work in that small area in which they want to work."—[Official Report, 13 June 1988; Vol. 135, c. 82–3.]
Question put, That the amendment be made:
The House divided: Ayes 35, Noes 121.
Division No. 354]
| [6.23 am
|
AYES
| |
Banks, Tony (Newham NW) | Cunliffe, Lawrence |
Barnes, Harry (Derbyshire NE) | Dixon, Don |
Barron, Kevin | Flynn, Paul |
Battle, John | Foster, Derek |
Bennett, A. F. (D'nt'n & R'dish) | Griffiths, Nigel (Edinburgh S) |
Bradley, Keith | Howarth, George (Knowsley N) |
Campbell, Ron (Blyth Valley) | Hughes, John (Coventry NE) |
Clay, Bob | Hughes, Simon (Southwark) |
Cohen, Harry | Illsley, Eric |
Cook, Frank (Stockton N) | McCartney, Ian |
Corbyn, Jeremy | Meale, Alan |
Cryer, Bob | Michael, Alun |
Michie, Bill (Sheffield Heeley) | Turner, Dennis |
Nellist. Dave | Welsh, Michael (Doncaster N) |
Patchett, Terry | Wise, Mrs Audrey |
Pike, Peter L. | |
Primarolo, Dawn | Tellers for the Ayes: |
Redmond, Martin | Mr. Allan McKay and Mr. Frank Haynes. |
Skinner, Dennis | |
Spearing, Nigel |
NOES
| |
Arbuthnot, James | Knight, Dame Jill (Edgbaston) |
Batiste, Spencer | Knowles, Michael |
Boscawen, Hon Robert | Latham, Michael |
Bowis, John | Lennox-Boyd, Hon Mark |
Brandon-Bravo, Martin | Lilley, Peter |
Bright, Graham | Lloyd, Peter (Fareham) |
Budgen, Nicholas | Lord, Michael |
Burns, Simon | Lyell, Sir Nicholas |
Carlisle, Kenneth (Lincoln) | McLoughlin, Patrick |
Carttiss, Michael | Malins, Humfrey |
Chope, Christopher | Mans, Keith |
Colvin, Michael | Martin, David (Portsmouth S) |
Coombs, Anthony (Wyre F'rest) | Maude, Hon Francis |
Coombs, Simon (Swindon) | Maxwell-Hyslop, Robin |
Couchman, James | Miller, Sir Hal |
Cran, James | Mills, Iain |
Currie, Mrs Edwina | Mitchell, Andrew (Gedling) |
Davies, Q. (Stamf'd & Spald'g) | Mitchell, David (Hants NW) |
Davis, David (Boothferry) | Neubert, Michael |
Day, Stephen | Newton, Rt Hon Tony |
Devlin, Tim | Nicholls, Patrick |
Dorrell, Stephen | Nicholson, David (Taunton) |
Douglas-Hamilton, Lord James | Nicholson, Emma (Devon West) |
Dover, Den | Page, Richard |
Durant, Tony | Paice, James |
Fallon, Michael | Patnick, Irvine |
Favell, Tony | Porter, David (Waveney) |
Field, Barry (Isle of Wight) | Ridley, Rt Hon Nicholas |
Forsyth, Michael (Stirling) | Roe, Mrs Marion |
Forth, Eric | Ryder, Richard |
Franks, Cecil | Shaw, David (Dover) |
Freeman, Roger | Shaw, Sir Michael (Scarb') |
Gale, Roger | Shelton, William (Streatham) |
Garel-Jones, Tristan | Shepherd, Colin (Hereford) |
Gill, Christopher | Soames, Hon Nicholas |
Goodson-Wickes, Dr Charles | Spicer, Sir Jim (Dorset W) |
Gow, Ian | Stanbrook, Ivor |
Greenway, John (Ryedale) | Stern, Michael |
Gregory, Conal | Stevens, Lewis |
Griffiths, Peter (Portsmouth N) | Stradling Thomas, Sir John |
Grist, Ian | Summerson, Hugo |
Hamilton, Hon Archie (Epsom) | Taylor, Ian (Esher) |
Hanley, Jeremy | Thompson, D. (Calder Valley) |
Hargreaves, A. (B'ham H'll Gr') | Thompson, Patrick (Norwich N) |
Hargreaves, Ken (Hyndburn) | Trippier, David |
Harris, David | Twinn, Dr Ian |
Hawkins, Christopher | Waddington, Rt Hon David |
Hayward, Robert | Waldegrave, Hon William |
Hind, Kenneth | Walden, George |
Hordern, Sir Peter | Waller, Gary |
Howarth, Alan (Strat'd-on-A) | Warren, Kenneth |
Hughes, Robert G. (Harrow W) | Watts, John |
Hunt, David (Wirral W) | Wells, Bowen |
Hunter, Andrew | Widdecombe, Ann |
Irvine, Michael | Wiggin, Jerry |
Jack, Michael | Wolfson, Mark |
Jessel, Toby | Wood, Timothy |
Jones, Robert B (Herts W) | Yeo, Tim |
Kellett-Bowman, Dame Elaine | |
King, Roger (B'ham N'thfield) | Tellers for the Noes: |
Kirkhope, Timothy | Mr. David Maclean and |
Knapman, Roger | Mr. David Lightbown. |
Knight, Greg (Derby North) |
Question accordingly negatived.
On a Speaker. Heat, rather than I debates. During the course been light, but not hon. Members have complained about the low temperature in the Chamber and I wonder whether anything can be done about it—or perhaps we should huddle together.
No doubt the hon. Gentleman's comments about the temperature will have been heard.
Clause 52
Meaning Of "Housing Activities" In 1985 Act
Amendment made: No. 248, in page 39, line 9, leave out clause 52.— [Mr. Waldegrave.]
Clause 54
Construction Of Part Ii
Amendment made: No. 249, in page 40, line 15, leave out clause 54.— [Mr. Waldegrave.]
Clause 56
Consultation And Publicity
I beg to move amendment No. 308, in page 41, line 18, leave out subsection (3).
With this it will be convenient to take amendment No. 87, in page 41, line 20, at end insert—
'(4) If, as a result of consultation under this section, it appears to the Secretary of State that a majority of persons consulted under subsection (2) above are opposed to the designation of the proposed designated area, he shall not make an order under section 55 above designating the said area.'.
This debate marks the entry of the House into part III of the Bill, which deals with housing action trusts. A more circumspect Government would have introduced a Bill for them alone. They are an innovation of such novelty that that would have been justified.
Clause 56 has to do with "consultation and publicity". Subsection (3), which my amendment would delete, is extraordinary. It states:Subsection (1) states:"Consultation undertaken or steps taken before the passing of this Act shall constitute as effective compliance with subsection (1) or subsection (2) above as if taken after that passing."
Subsection (2) states:"the Secretary of State shall consult every local housing authority any part of whose district is to be included in the proposed designated area."
Subsection (3), which I seek to delete, effectively talks about steps taken by the Secretary of State at any time before Royal Assent. I take that to mean that steps that he may have taken even before this debate—there is no retrospective time limit here—shall count as if they had been taken after Royal Assent in compliance with clause 56, which might become section 56 of the new Housing Act. To that extent it is retrospective. Here we have a novelty, in that the Bill has a retrospective aspect. However, I would call it a prospective consultation legitimised by a retrospective power. I am glad to welcome the Secretary of State to answer the debate. No doubt he will tell us whether any consultations have already taken place that could be legitimised by subsection (3)."Before making a designation order, the Secretary of State shall take such steps as appear to him best designed to secure that the proposal to designate the area in question is brought to the notice of persons appearing to him to be likely to be affected by the proposal."
My hon. Friend is proposing to ask the Secretary of State some questions. Perhaps he should remind him of the view that he held on the retrospective aspect of the Housing Finance (Special Provisions) Act 1975. It would retrospectively have given relief to 11 Clay Cross councillors, but was opposed on the basis that, in general, retrospective legislation is wrong. It was opposed on that basis by the then Conservative Opposition, which included, I suspect, the present Secretary of State. It would be well to raise the distinction between that stance in 1975 and the Bill, in which the right hon. Gentleman makes not only lavish use of retrospection, but extremely unusual use of it, as my hon. Friend has said.
The Secretary of State is present in the Chamber and can answer that question. If there has been a lack of courtesy on my part on other occasions, the debate will show that I shall try to put legal matters in a de minimis fashion. The Secretary of State should tell us the justification for the combined prospective and retrospective quality of clause 56.
My hon. Friend properly reminds us of a matter of principle. The Opposition are quite rightly highly sensitive to any element of retroactivity. The Secretary of State is a parliamentarian and will agree with that. I am sure that in the past when he was in opposition he objected to any such proposal by the Government of the day. There must be a justification for such legislation. If there is not, the Opposition have a proper case. My hon. Friend the Member for Bradford, South (Mr. Cryer) referred to the Clay Cross councillors. For various reasons I supported that case, and the Secretary of State, in his winding-up speech, or now if he wishes to do so, must tell us what has forced him into introducing retrospective legislation. Such legislation can be justified, and my hon. Friend gave examples of how Governments might be driven into it by sheer necessity. I can find no reason for this provision in the Bill—the Secretary of State can correct me if I am wrong—other than economy of time. Without this provision, the consultations required by the Act, as it will he, could start only after Royal Assent. All Governments undertake certain preliminaries. For example, feelers are put out, names are looked at and the constitution of the proposed quango is considered. The House should realise that we are talking about a quango, despite the fact that in an earlier phase of its activities the Conservative party tended to hunt down and destroy quangos. I do not think that anyone is opposed to the procedure that I have outlined, but the Bill specifically legalises it. The Secretary of State might wish to tell us the criteria that he adopted in deciding on this course of action. 6.45 am The only reason that I can see for this provision is that it will get things moving more quickly. The Secretary of State will be able to start the consultations before Royal Assent. The procedure will be legitimised, and in that respect it is a double retroactivity, which the House should deplore in principle. That covers the point made by my hon. Friend the Member for Bradford, South. If the Secretary of State wishes to intervene before any of my hon. Friends do so, I shall gladly give way.
No, later.
The point that I was making to my hon. Friend was that, as he rightly said, there are instances when retrospective legislation is justified. However, that was not the argument that was used in 1975 by the then Conservative Opposition, when they wheeled out the shadow Attorney-General to say that retrospective legislation was not justified on any occasion. They said that by passing retrospective legislation the House was on the edge of the slippery slope to Fascism. The wheel has turned full circle. They have abandoned the stance that they adopted on retrospective legislation in 1975 in order to persecute 11 councillors and are using it not only in the Bill, but lavishly elsewhere.
I am grateful to my hon. Friend, because the remarks of the then shadow Attorney-General, to which he referred, reinforce our demand to be told the criteria that have been used in this instance. If the proper criteria for retrospective legislation do not exist, to introduce such legislation is to set out on the slippery slope to Fascism. We shall wail with interest to hear the Secretary of State's criteria. I was not a member of the Committee, but I understand that my hon. Friend the Member for Newham, North-West (Mr. Banks) was hauled over the coals for using the word "Fascism", but here we have a possible justification for its use, based on the comments of a former Attorney-General. We shall be interested to hear the Secretary of State's justification in principle for introducing retrospective legislation.
Is this not just another example of double standards on the part of the Secretary of State, bearing in mind what happened in the 1970s? It is typical of the right hon. Gentleman's double standards, because he advises people to allow the green belt to be developed, provided that the development is not in his back yard.
That is a separate topic, but I do not know whether the Secretary of State has considered retroactivity in legislation, although retroactivity in respect of the green belt is being canvassed. I am grateful to my hon. Friend for pointing out yet another anomaly, and we look forward to the Secretary of State's justification for this in principle.
Does my hon. Friend agree that the significant difference between the proposed action in 1975 and what is proposed here is that the action of the Labour Government was intended to give relief to citizens, whereas this action is intended to ensure that the Government can grab power prematurely?
We can expect this Government's legislation to be the opposite of the purposes and objectives of the Labour party. In this case, it is retrospective application to public property. I am sure the Secretary of State agrees that public property is not the property of any one political party. We may disagree about the extent of public property and the degree to which it is advisable to have such property, but I think we all take the view that public property as such is a trust to be handled or disposed of with due regard to the benefit of the nation as a whole, and especially those who may be affected by any disposals.
I want to make a little progress on the whole question of consultation. Earlier subsections refer to the area designated for a housing action trust. We cannot talk about an area without saying what will happen in it. The area of a housing action trust—if there is one—will be designated in a statutory instrument, and it will depend on what it is intended to do inside the area. It is important to the scope of the debate to understand that consultation is not just about geographical areas, but is also about what happens inside them. The Government are taking legal powers in this clause and in clause 55 that will make a great difference, and there must be consultation about that. It is not just a matter of going to local people—the Secretary of State will correct me if I am wrong—and saying, "We want to draw the boundary here." The Government will have to consult about how the HAT will be formed, what it will do, and what plans and provisions it will execute. After all, a housing action trust sounds like a good idea. We are all in favour of housing, we are all in favour of action to obtain better housing and we are all in favour of trusteeship. Therefore, the HATs might, on first hearing, appeal to those in need of housing or living in conditions that need improvement. I think that we have something in common with the Secretary of State. We want improved housing, and this provision is his way to achieve that. He will consult not only about the boundary, but about what goes on inside it. Amendment No. 87 goes further and takes in the proposed designated area, and says that the Secretary of StateClause 55 sets out the scope of and the way in which a housing action trust will be established and the factors that the Secretary of State must take into account when he is determining its area. It would be impossible to ignore the purposes of the HAT. We are talking about consultation and I have established that that is not only about the area but is also about the purpose and the activity. It is also about the manner in which it is to be conducted. I draw the attention of the House to what happened during the first meeting of the Committee when the Minister, who has been on duty all night and is now taking a well-earned rest, said—"shall not make an order under section 55 above."
It is not a well-earned rest.
Perhaps it is not a well-earned rest, as the Minister is producing obnoxious legislation, although he personally may not be obnoxious.
My hon. Friend is too nice.
My hon. Friend says that I am too nice. I find that politeness usually pays, except on rare occasions. If I lose my temper, I find that it does not pay, and I do all that I can not to lose my temper in this House.
In Committee, the Minister said:Of course we want to reverse the worst dereliction. The Minister used the word "asking", but, in the terms of the clause, it is not just a question of asking the House, but of consulting the people concerned. I want to emphasise the phrase "as an experiment". The question whether the housing action trust is an experiment came up quite frequently in Committee."For the first time, central Government are asking, as an experiment, whether there is a role for them, taking the responsibility through Parliament for the way in which the money is spent, while trying to help reverse some of the worst dereliction." [Official Report, Standing Committee G; 9 February 1988; c. 767.]
indicated assent.
I see my hon. Friend nodding. I recall the Minister saying, "Let's try that and if it works, we'll extend it," but I do not see anything in the Bill about an experiment. The Minister may claim that it is an experiment and it may be presented as an experiment to the first people who will be consulted, but there is nothing in the Bill that states that it will be limited to six areas, the figure quoted in Committee. That is an idea for an amendment in another place. The Report stage of a Bill is all about scrutiny and asking questions. Unfortunately—or perhaps fortunately—I was not on the Committee, but the Report stage enables us to consider what Ministers have said and what the law states.
My first question to the Secretary of State is therefore a retrospective one about the principle of the matter. My second question is simply whether it is an experiment. Whether it is an experiment determines the management of the consultation and the responses that people will give. People in a particular area may already have been approached, as may a council in a particular area or prospective members of a housing action trust. The list of the good and the great is perhaps being consulted to try to find appropriate persons to exercise those functions. Those people will want to know whether it is an experiment. If one starts off with a range of proposals for areas A, B, C, D, E, F and G and they work, the Government will come back for more. There is nothing in the Bill that says that they cannot do that, although perhaps there should be, if it is an experiment. One cannot reverse the consultation when it has taken place. If the housing action trust transfers property from a borough council to private ownership—that is the purpose of this part of the Bill—and it does not work, is there a provision in the Bill for the position to be reversed? I understood that an experiment was measurable scientifically and, if it did not work, one could adjust the circumstances and start again from scratch. I do not believe, therefore, that this is an experiment. My third question to the Minister is whether we can be assured that, when such consultation is carried out about housing action trusts, it will not be put across to prospective tenants or councils as an experiment. Will it be clear that it could be a permanent arrangement for that area? If that is so, the legislation would be irreversible. I hope that the Secretary of State can give us that assurance and tell us that what the Minister said in Committee about asking for an experiment is not correct.On his point about experiments, does my hon. Friend agree, first, that it is dangerous to experiment with people's homes when, as he began to point out, the experiment is not based on any fair assessment or consultation, and secondly that, if the Government want experiments in relation to housing, they should run a control group, such as a local authority, which would be funded to the same extent as the housing action trust and which would cover the same type of housing and they same number of housing units. Then, at the end of the HAT's life, which we understand will be about six years, the Government should compare how well the local authority has performed compared to the Government's experiment. That would go some way to meet my hon. Friend's point.
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I am grateful to my hon. Friend for raising that point, because such things could well take place in Bristol or, indeed, anywhere else, and I shall come to that in my next point. It could be an experiment such as my hon. Friend has outlined. It could be a direct comparison of methods. The Government are saying that they wish to improve housing stock in areas where many repairs and much social reconstruction is needed and there should be more than one way of doing that. If the Government were really interested in experiments, they would do just what my hon. Friend has said.
I want to get on to my next point—Will my hon. Friend give way before he gets to his next point?
Yes.
I am grateful to my hon. Friend for giving way. I return to his point about the Secretary of State bringing in the great and the good to run some housing action trusts. As my hon. Friend knows, the great and the good do not come cheap. Such people have been appointed by Secretaries of State on other occasions—and, indeed, by this Secretary of State—and the bill has been expensive for the public purse. I cannot see any mention in the Bill of how that cost will be met or whether the House will have to consider a separate money order to pay for it. Would my hon. Friend like to comment on that point?
It is important that there is consultation with the prospective members of such organisations and, no doubt, the question of remuneration will arise. However, I have a feeling that the Secretary of State has tabled an amendment—
indicated assent—
I see that the Secretary of State is nodding. His amendment to, I believe, one of the schedules, deals with the conditions with which members of housing action trusts have to comply. It is an important provision, as it excludes any secondary income which might be gained from the fact that people are members of the housing trust. If I looked at the selection sheet I could tell my hon. Friend when the amendment arises, but I shall not do so at the moment. However, it is in another group of amendments and I hope that he will raise the matter at that point because it is an important point of principle.
The question that I now want to turn to in relation to consultation is, where is the consultation to take place? We are being asked to authorise retrospective consultation but we do not know where it will take place. I refer to column 768 of the Committee proceedings, when the Minister was asked where the experimental estates would operate. We were still talking about experiments at that stage. Hon. Members asked, "'Where?"', and my hon. Friend the Member for Brent, South (Mr. Boateng) asked, "When?". The Minister replied:In Committee the Minister was constantly asked where these housing action trusts—the notional six or more—were to be, and he declined to tell the Committee. I have quoted a typical exchange. The Secretary of State may already have in mind the location for the consultations. Unless my amendment is accepted, the House will give retrospective authenticity to the consultations, although we do not know the location. The Minister's response to my hon. Friend the Member for Brent, South was:"The hon. Member for Brent, South (Mr. Boateng) is in cheerful form this morning, but I must not refer to him, because that stops him from being sedentary. From a sedentary position he asks "When?" The answer is, before the Bill leaves Parliament. While it is before Parliament we shall bring forward our proposals. There will then be a prolonged opportunity to debate them in both Houses."
That is all right—there is just the Third Reading in the other place and then we discuss the amendments, if any, from the other place, which is some time in the future. Therefore, that point is covered. Not covered is the Minister's last sentence:"The answer is, before the Bill leaves Parliament."
"Them" clearly refers to housing action trust areas which have been nominated by the Secretary of State. I do not know what "prolonged opportunity" there will be to discuss the proposed areas where consultation is taking place, unless the Secretary of State announces the location. Unless he does that, we will not know where consultation is taking place now or where we are retrospectively authorising it by law."There will then be a prolonged opportunity to debate them in both Houses."—[Official Report, Standing Committee G, 9 February 1988; c. 768.]
My hon. Friend may be interested to know that one of the areas which we have heard will possibly be designated as a housing action trust affects his constituency and some estates in Canning Town. The Newham Recorder says that discussions appear to have been taking place between the local prospective Conservative candidate James Fairie, who
My hon. Friend should realise that consultation might be occurring in his constituency without him as the Member of Parliament being informed, not to mention the local council."met Patrick Rock, private secretary to Government housing minister William Waldegrave, to start discussing a Housing Action Trust."
I take my own practice and say that I do not always believe what I read in the newspapers That is the most charitable interpretation I can make of that report, which I recall reading. My recollection is that there was some publicity and that there had been a request from some people. I recall that later—my hon. Friend the Member for Newham, North-West may confirm this—some people wrote to that newspaper to say that they had been taken to a meeting and it turned out to be not what they were told it was.
I hope to refer later to an area in my constituency which might be a prime candidate for a housing action trust, because there are eight tower blocks, all empty. I am being "invited"—the term often used in these instances—to legitimise consultation about which I, the borough council and some of the people affected know nothing. I put this to the Secretary of State as one of the dangers: if we pass the legislation as drafted, he will be given the legal right to consult some people but not necessarily all who are affected. The House is asked at the behest of the Secretary of State to legitimise consultation with persons unknown at the choice of the Secretary of State—we are not even told now who they are—and then is asked to make such partial consultation legal. Does the Secretary of State consider that to be a proper use of power in a parliamentary democracy? It may be right for the House to give power for consultation after Royal Assent, and then the Secretary of State can choose whom to consult and the order of consultation, later to announce whom he has seen and what their responses have been. But as the Bill is drafted, we are giving the right hon. Gentleman a different power, a power which reflects somewhat the atmosphere mentioned by my hon. Friend the Member for Bradford, South. I suggest to the Secretary of State that it goes beyond the line of which he as a parliamentarian would approve. What applies in my area might apply in any other constituency; there are housing problems in Bristol, in the north of England, in Yorkshire and in Sheffield. We hear about consultations relating to urban development corporations. There could be all sorts of consultations all over the place, and we are being asked to give them retrospective legitimacy. I come to the effects that such a housing action trust might have, for those effects will vary greatly according to the type of area that is designated. In the London docklands area, which my hon. Friend the Member for Newham, North-West and I know well, the differential between the existing value of an empty property and a similar occupied one is extremely wide; I am told that it is a ratio of three or four. Thus, the disposal increment which a housing action trust could get by disposing of a void—if somebody dies, moves away from housing which they inherit, or buys or gets from the local authority—is great. If it then puts it on the open market, which the Bill suggests it should, the people coming in will be confined to a relatively narrow income group. But in other parts of the country—I shall quote an example from Liverpool when we debate a later amendment—where such an effort has been tried, the differential between the existing value and empty value has been much less. So the impact of a housing action trust will vary greatly from one place to another. That is why, during the consultations, we must know the different effects in different areas, because they will vary greatly throughout the country. We are aware of the overheating effect of south-east England. The Secretary of State will be well aware of that because of discussions that are taking place on various fronts. He must concede that the effects in Newham, Hackney, Southwark, Greenwich or anywhere east of the City will be vastly different from what will happen in, say, the outskirts of Liverpool or Newcastle. So the consultation exercise must be different—because the effects will be different—and the Minister must say how the consultation will be varied in accordance with those changes. My next point on consultation deals with the purpose of the housing action trust. I will not go too deeply into this because it will arise when we debate later amendments to this part of the Bill. 7.15 am When people are to be consulted about this, the purpose of the housing action trust will be very much to the fore and they will want to know exactly what will happen. Of course, the purpose of the trust is multiple. I emphasise one part of it which is covered by clause 58(3):We will come to the merits of that later. If I were to deal with them now, I should properly be ruled out of order. I am concerned about the degree to which the intentions of any one housing action trust will be part of the consultation. It is no good saying to a housing action trust, "We will repair this and give you a certain amount of security," if all the houses are to be sold when they become vacant, or if a factory is to be built, or if the housing action trust, which will be a planning authority, has in mind various plans for designating a change of use. I do not know how the Secretary of State intends to tackle this. Will he go along with a blank sheet and say, "This will be possible."? The Secretary of State will have powers of direction. Will he give the housing action trust a complete blueprint so that it knows exactly what he has in mind? Unless he does that, how can people respond? All the good things which are to happen might be presented, but the other things might not be done if we had a less liberal, less civic-minded, less public-spirited Secretary of State. I will not concentrate on how far those admirable qualities are embodied in the Secretary of State. It is a matter of relativity, but suppose we had a Secretary of State who exercised his powers too liberally or in too Right-wing a way, what would the poor consultees say? They might say, "We were told that we would get this, this and this, but not that we would get that, that and that later because so-and-so is now Secretary of State". The Secretary of State cannot prevent that. He is not legislating for the Government or for himself alone; he is legislating for posterity. These powers are enormous. He cannot give assurances about what will happen. He is asking us to say that the housing action trust can do anything it likes, so long as it is not stopped by him. Similarly, he can tell the housing action trust to do just what he wants. The more one thinks about this, the more one's mind boggles at the possibilities. How far can consultation be of use? The powers are so wide that we must ask whether any form of consultation, even if the Minister provides the details that he has in mind, can be consultation in the best sense of the word. Unless the Bill's scope is drastically altered, the consultation will be worthless, because nothing is known about what might happen afterwards. Later, I shall give the example of a similar organisation which was introduced with high ideals, and which was sold to the public as having marvellous objectives. Even the Chairman of the Select Committee was taken in. It turned out to be something very different, as I shall prove. If that can happen with an analogous body, it can happen with an action trust. This matter goes to the heart of citizenship, the powers of the House and the quality of life in an environment of which the Secretary of State himself is very conscious and wishes to enhance. It can be enhanced through the planning mechanism, which was achieved in the post-war period and is something of which we can be proud. All quarters of the House agree on that. We may differ about what is good or bad planning and about what ought to be done in the future and the degree to which there is public or private development, but all that falls within some kind of plan. The Bill introduces a major change into the country's planning mechanism, and consultation must take that into account. In any event, I do not imagine that there will be a housing trust in Croydon. There could be a change of Government, and it occurs to me that this work is mutatis mutandis. A housing trust could be found in any constituency, for trusts need not be confined to urban areas. There could be dereliction and poverty elsewhere. The Secretary of State is from Gloucestershire and he knows that prosperity is not to be found everywhere. Those trusts will have planning powers. I have not described those powers in detail, but it must be remembered that they will be transferred from the local authority. There may be only 5.000 inhabitants involved in a small area, but they should know that they will no longer be able to complain about planning matters to their local councillors, that no local committee will have any power in that respect, and that planning matters will in future be the responsibility of men and women appointed by the Secretary of State, who can ask him to do anything. Will the Secretary of State, in the course of consultation, say that the Bill allows him to dictate land use changes from Whitehall? Unless I am mistaken in my reading of the Bill, that could happen. The Secretary of State is a busy man who cannot be expected to deal with everything. Will he, during the course of consultation, say that a change of land use of a small garden the size of the Floor of the House, a public allotment or park, or a private dwelling will rest in the hands of the Secretary of State, and that from his office in Whitehall he will determine such changes of use in Liverpool, Gainsborough, Newcastle or Gloucester? That is what the Bill says. So massive is the change that I am not sure whether the Government or the Secretary of State have understood its implications. The change of use of a house or a plot the size of the Chamber could be substantial, or it could mean an advertisement sign or a change in the design of a building's fascia. I know that people get upset about the minutiae of planning applications. Those of us who have served on planning committees know that the erection of a third storey on a house and its design are important, because such a change affects the amenities of an area. Indeed, one of the purposes of the housing action trust is to make an area more amenable in that respect. Will the Secretary of State tell people that such matters can be determined by an official in Whitehall? I can imagine what fun the right hon. Member for Cirencester and Tewkesbury (Mr. Ridley) would have had from the Opposition Benches if a Labour Government had introduced such legislation. In his inimitable way, he would have had a field day teasing my right hon. and hon. Friends about taking powers to determine such matters from Whitehall. But that is what the Secretary of State is doing, and he must tell us why. The right hon. Gentleman must also tell us whether he will consult people locally. It is not only the people who will be subject to this provision who will be concerned, but those who will lose the planning powers. Developments in any area that has an housing action trust will be taken away from the control of the local council. Coherent planning will not be in the hands of the local community, and what happens inside the housing action trust could upset the balance of the strategic plan of the local community. It could change housing values. We have seen what has happened on a massive scale at Canary wharf. That is a similar situation, and it is affecting land prices throughout the south-east of England. The Secretary of State, or his predecessor, the right hon. Member for Mole Valley (Mr. Baker), could have stopped that enterprise zone, but he did not. That is an example of centralised power. What we are authorising here is the same as the enterprise zone set up by the London Docklands development corporation. Will the Secretary of State. in consultation, tell the people inside and the planning authority what will happen? It could happen with another Secretary of State, even if he does not. Will he consult on such a matter, which is within the scope of clause 56?"For the purpose of achieving its objects and exercising the powers conferred on it by subsection (2) above, a housing action trust may—(a)acquire, hold, manage, reclaim and dispose of land and other property; (b)carry out building and other operations; (c)seek to ensure the provision of water, electricity, gas, sewerage and other services; and (d)carry on any business or undertaking".
My hon. Friend has referred to the position of the Secretary of State for the Environment, but more than one Secretary of State is involved in the Bill. The Secretary of State for Wales may be regarded as a sort of time shift of the Secretary of State for the Environment in regard to this provision. He has said that the sort of difficulties to which he has referred could apply to any hon. Member's constituency, but will they apply to the constituencies of Welsh Members? There does not seem to be a Welsh Office interest in the debate. No Welsh Office Minister is present. Therefore, perhaps this provision will not apply in Wales, or perhaps the Government do not intend to use it in Wales, although theoretically it could do so. It would be useful to have some clarification. We would then know whether to share the clear worries that have been outlined by my hon. Friend in his recent remarks. Is the Secretary of State to whom he is referring one or a twin?
I understood that the Government were a seamless robe, and that one Secretary of State equalled another. I do not know whether the Secretary of State for Wales would feel very happy about being bracketed with the Secretary of State for the Environment, or, indeed, the Secretary of State for Scotland—but I am told that the Bill does not apply to Scotland.
The Welsh Office in Cardiff has its own views on planning and the coherence of local communities, which might not be shared by the office in Whitehall. Where are the Government, and what is the criterion that the Government as a whole will take? My hon. Friend is absolutely right: we should have some kind of regional response, because the Government say that they believe in some kind of regional government.7.30 am
May I underline that by making a point which I am sure will be of great concern to you as well, Mr. Speaker? One of the documents referred to in the Bill has been published for England, but not for Wales. I have just checked the Vote Office, and, although last week it was promised within a few days, the document has still not been published. It is supposed to refer to a later part of the Bill, so perhaps it will arrive in time for us to debate it, but I wonder about that, because we have been told by the Welsh Office that it will be radically different from the document produced for England. Perhaps my question about whether the housing action trust will be brought in in Wales is answered in the Welsh document. But if it has not been published, even at this late stage of our debate on the Bill, will its advice be available in time for any of our debates on transfers of housing from local authorities to new bodies?
The Welsh document is on my list. My hon. Friend's opportune remarks underline what I said earlier about differential consultation. It is now clear that there will be a different approach to different parts of the country, and that there will therefore be consultation about different sorts of plan. The Secretary of State ought at least to tell us what is in his mind; otherwise, we cannot pass the legislation as it is.
That leads me to my last major point in this introductory debate—for we are not yet talking about the real meat of housing action trusts; we are only talking about the kind of consultation that might take place. That major point is that legislation is not completed. We will not and cannot know the scope and degree of option—which at present is as wide as one's HAT, or as wide as one likes—until Royal Assent. Anything can happen between now and that time. The Secretary of State may think it unlikely that he would lose a vote in this place, but this is not the only place where legislation is made. I put this to him as a procedural question. How can he consult before Royal Assent, when only after Royal Assent can the full possible scope of housing action trusts be properly known? Is he not presuming on the privilege of both the House and the other place in relation to what powers will be available to HATs? How can he consult while the final shape and potential are still undecided by Parliament? I put it to him that such a presumption is itself questionable in a parliamentary democracy. Of course there must be informal soundings, but these are not informal procedures. We are being asked to authorise in restrospect statutory consultative procedures. That is a very different matter, because it presumes that the legislation will end up as it is drafted. Let me now raise a point about which the Secretary of State may know. If he does not, he should have been advised about it, because many Opposition Members—particularly London Members—are aware of it. I refer to hybridity. One has only to mention hybridity to Government Whips or in places like the legal department at the Department of the Environment and I am told—I have never been in such places—that people shift and shudder. They do that for a very good reason, because an element of hybridity brings in major procedural complications in this House. We should all know why hybridity is important. If an element of hybridity can be proved, it shows that the collective general power of a Bill is being used against people unfairly and it must be open to them to complain and petition this House to grant them protection against what lawyers call injurious affection. Looking around the Chamber, I can see that many hon. Members here have been members of Committees on private Members' Bills where we have had to judge the degree of injurious affection that individuals might suffer as a result of a privately promoted Bill or a publicly promoted Bill which has the effect of a private Member's Bill. I am sure that the Secretary of State will remember the tricks about oil rigs that his hon. Friends got up to. I do not deny them the legitimacy of their actions in terms of procedure. Although you were not Mr. Speaker at the time, Sir, you will recall that it was a very difficult time for the Clerks Department and for Mr. Speaker in determining those matters. A great deal hung on the decisions. It is right that the individual and liberty should be protected by the hybrid procedure. I am sure that the Secretary of State would be the first to agree that the liberty of the individual, which hon. Members on both sides of the House talk about very frequently nowadays, must be maintained. Therefore, any scintilla of hybridity in any legislation must have its respective reflection. I can tell the Secretary of State and the House why I believe that this part of the Bill may well raise the issue of hybridity. This may come as a major surprise to some of my hon. Friends. I do not remember hearing hybridity mentioned in Committee. I can well understand that the housing action trust part of the Bill appears to be entirely free of any hybrid element. However, I have news for my hon. Friends who served on the Committee and conceivably for the Secretary of State and those who accompany him—who, although visible, are silent and unable to respond. Perhaps I am wrong. If I am, I hope that the Secretary of State will correct me before I go very far to save the time of the House—we all want to save time. I would not want to advance a thesis which the Secretary of State may have investigated and reached a conclusion contrary to mine. Even if his conclusion happens to be contrary to mine, it would be quite wrong to let this important matter of public consultation go by. Even if the Secretary of State can give me an assurance, I will still develop the point because I think that I still might be right and he might be wrong, even if he has considered this. If he has not considered this point, he should tell us, because this part of the Bill mirrors almost exactly a certain section in the Local Government, Planning and Land Act 1980. That Act was not produced by the present Secretary of State for the Environment. He was a Minister then either at the Ministry of Transport, in the Treasury or at the Foreign Office. [Interruption.] Oh yes, he was at the Foreign Office. He was well out of it. However, his right hon. Friend the Member for Henley (Mr. Heseltine) was Secretary of State for the Environment at the time and he introduced that Bill with great relish and great complications for matters related to rates. One part of that Bill related to things called urban development corporations. We had a single provision under which the Secretary of State could establish an urban development corporation in any area he wished and appoint members to it to do all sorts of things. It had powers on planning, the disposal of land, and getting Government money. One objective was to improve the environment to make it better for people to live in. In other words, the powers of regeneration were central to the concept of the corporations. We now know that these are, in the City phrase, "up and running". There are two big ones, in London and on Merseyside, and others are coming along. There has been a bit of a slowdown recently, and a few days ago a questionable procedure motion was tabled to pass six at one go. That was a thoroughly retrograde procedure which any Leader of the House should have stopped, but I shall not go into that because it concerns the House, not this amendment. Urban development corporations exist through a single statutory instrument. I remember the one relating to my borough. I was not allowed to speak. It lasted an hour and a half. The London Docklands development corporation, half my constituency in area, was taken from the borough for planning and other purposes. The constituency Member could not speak because others had a greater right and I would not complain about their right. An urban development corporation statutory instrument was constricted to an hour and a half after 10 o'clock. That was not the procedure in another place. The function of the order setting out urban development corporations had to be designated and passed as a statutory instrument on an affirmative resolution by both Houses of Parliament. Unless I am mistaken, the same must happen for housing action trusts, and that is right. But the statutory instrument does not pass through the other House on the same procedure. The good book "Erskine May", which is underrated, states on page 620 under "Hybrid instruments":I shall explain what that technicality means. Whereas, in this House, a statutory instrument is passed on an hour and a half's debate, if in the other place the Chairman of Committees determines that the same statutory instrument has elements of hybridity, it must go through the Statutory Instrument Committee procedure, which is directly analogous to the procedure for a private Bill in the other place. When the order to set up the LDDC was passed by this House, it went to the other House where it was petitioned and the Chairman of Committees properly certified it as being a hybrid statutory instrument. As a result, 30 or 40 days were spent hearing petitions against it, as if it were a private Bill. I do not know whether in another life, Mr. Speaker, you sat on a private Bill Committee or whether the Secretary of State ever sat on such a Committee. The right hon. Gentleman will be aware of the thoroughness and length of the scrutiny and the number of hoops through which a Bill must pass. A statutory instrument and all the implications of that instrument, including potential development powers and all the rest of it, must go through a similar procedure, provided it is certified."The House of Lords Private Business SO 216 provides that, where in the opinion of the Chairman of Committees, an affirmative instrument, as defined by Lords Public Business SO No. 68, is such that, apart from the provisions of the Act authorising it to be made, it would require to be enacted by a private or hybrid bill, he shall report his opinion to the House and to the Minister or other person responsible for it. An instrument upon which such a report has been made is known as a hybrid instrument2 and is subject to petitioning procedure."
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Those procedures should be welcomed instead of being talked out.
I am not sure that I understand the hon. Gentleman's remark. I do not believe that there has been any element of tedious repetition in my remarks. In view of the importance of the matters to which I am referring I think that I may have gone over them too quickly. I must not do that in respect of the procedures in the other place, because the Standing Orders of the other place are fairly explicit about what should happen.
I do not believe that I am debarred from quoting those Standing Orders here. Standing Order No. 69 of the other place says:Assuming that such an instrument is certified as hybrid, it is not possible for it to go through the other place without the private business Standing Order having been complied with. I will not read all of Standing Order No. 216 of the other place in respect of private legislation. Some extracts will suffice. Standing Order No. 216 is entitled "Hybrid Instuments" and states:"No Motion for a resolution of the House to approve an Affirmative Instrument shall be moved until:—(a) except in the case of any Order in Council… (b) in the case of a Hybrid Instrument, the proceedings under Private Business Standing Order 216 or 216A have been terminated."
It goes on to describe the procedure in another place. Why do I believe that an order to set up a housing action trust might well be certified by the Chairman of Committees in the other place as a hybrid instrument? It is based upon the analogy of urban development corporations. We need look no further than the speeches of the Secretary of State, the Minister and others to see that affinity. I gather that in public announcements and in Committee—my hon. Friends who were on the Committee will correct me if I am wrong—the constitutional relationship between a UDC and a housing action trust was consistently made. I have said enough in the debate to demonstrate how similar they are. The Secretary of State may wish to intervene to say that I have gone up a blind alley, but I do not believe that I have. The chances of an affirmative instrument to set up a housing action trust being certified hybrid by the Chairman of Committees in the other place and being subject to what is, in effect, a private Bill procedure, are extremely high—it is a more than distinct possibility. In conclusion—the House will be relieved to hear that—[HON. MEMBERS: "Shame."] Well, I have worked through a series of logical points. Any Secretary of State worth his salt will be aware of the arguments. I am sure that he is aware of all this. If he has not been told, I am certain that somebody's head will roll. My point about consultation is that, when such an instrument appears, as it did in the case of the London Docklands development corporation order, it is then up to the Committee of the other place to get some undertakings from the promoters—the Government. It can give its approval to go ahead, but make that approval subject to many restrictions to protect the individual, corporation, borough council, firm or outside area that might 'be injuriously affected. And they can be affected, as I have shown. The other place might give the go-ahead for a housing action trust, as long as certain undertakings were observed. The Government representative at such a hearing is like the promoter of a private Member's Bill. So the other place will let through an affirmative instrument only provided that certain conditions for a housing action trust in a particular area are met. If this is a strong possibility—I have every reason to believe that it is—how can the Secretary of State consult, when the constraints of the other place are as yet unknown? How can he go to a prospective location for a housing action trust and consult the people there, or the borough council, the housing associations or landlords, without knowing what constraints will be placed on his freedom of action? I do not deny that the Bill, bad though it is, gives the Secretary of State enormous scope, but the other place may. The right hon. Gentleman knows more about the activities of the other place than I do: he is well connected. The other place is jealous of the rights of the individual. Perhaps the Secretary of State does not know how the procedure is arrived at. Why is the other place more jealous of individual rights and equipped with better procedure to deal with them than we are? Some years ago, when a Government of my political complexion were in power, they were afraid that a general power would be used by a nationalised industry to plant pylons, dig up the land or build roads—activities that would be injurious to the rights of landowners. They decided that if there was an element of hybridity in the statutory instrument, they would protect landowners, the countryside and people who might be injuriously affected, and they introduced this procedure. If that can be done—quite properly—to protect the rights of landowners, it can and should be done for my homeless constituents. Consultation cannot take place, because the Secretary of State cannot yet be aware of the degree to which a housing action trust may operate within the law that this Act would create."A Petition to the House not to affirm a Hybrid Instrument shall be signed by the Petitioner or his Agent and be deposited or sent so as to be received in the office of the Clerk of the Parliaments within the 14 days following the day on which the Chairman's Report under paragraph (1) above is laid before the House."
We have sat through 13½ hours of fascinating debate on this important Bill, examining its precise details. As a new Member, I may say that this is the first Report stage in which I have been involved, and I have been surprised that Conservative Members who served on the Standing Committee have failed to turn up and make contributions to the debate. It would appear that they are unable to justify the Bill's provisions. However, we are pleased that the Secretary of State is here to look at this important part of the Bill.
Over the past 13½ hours we have looked at the Government's proposals to deregulate the private rented sector, removing security of tenure and succession and pushing up rents to a market level without making a commitment on housing benefit to pay for those rents. In part II of the Bill we looked at the ultimate collapse of the traditional voluntary housing movement and the move towards a free market. I know from experience in Manchester that many of the people who voluntarily serve on small housing associations are looking carefully at their position. They went into the housing movement not to raise money on the finance market or to be responsible for high finance or high rents, but to try to provide for the housing needs of local people. The Government say that the philosophy of the Bill is tenants' choice. They believe that they are freeing and enabling tenants to choose the type of housing that they want. We have reached this part of the Bill at five minutes to eight in the morning and we see exposed the myth of tenants' choice. The chickens come home to roost when we start to talk about housing action trusts. They certainly have nothing to do with tenants having a choice about future housing in the designated areas. Amendment No. 87 would provide:The amendment is an attempt to help the Government to fulfil their philosophy by giving tenants a choice, a right and a say in their areas. It is worth looking at the Government's reason for bringing forward the experiment in housing action trusts. They would not need to carry out such an experiment if they had properly funded local authorities so that they could provide decent housing for people throughout the years that the Government have been in power. I should like to mention the success of experiments in which I have been involved and in which consultation did or did not take place. I shall outline our experience of community development projects and research work that we carried out in Manchester, using Department of the Environment tips about how to consult tenants on the development of their area. First, I shall deal with my contention that the only reason why we are talking about having to consult people about the awful conditions in which they live is the absolute lack of investment, public expenditure and commitment to housing. It is because of those things that the Government say they now have to consider an alternative approach. Figures in an authoritative document, published by the well respected Association of Metropolitan Authorities, support the view that we would not need to discuss housing action trusts in consultation with tenants if there had been proper investment. I am sure that the Secretary of State is familiar with the figures in section 8. I will read the commentary to start with, which is"If, as a result of consultation under this section, it appears to the Secretary of State that a majority of persons consulted under subsection (2) above are opposed to the designation of the proposed designated area, he shall not make an order under section 55 above designating the said area.'."
The section says:"Section 8 Capital Investment in Housing"
"The trend shown in this section from 1978/79 has been of a general decline in real terms in the resources available for housing investment.
when this Government were first elected—Gross capital expenditure by local authorities on housing in England fell in real terms by 36 per cent. between 1978/79"—
Those were the last available figures. 8 am It continues:"and 1985/86."
If cities such as Manchester had had the opportunity of tackling the problems of homelessness and long waiting lists by having the chance to build decent new housing, we would not be discussing housing action trusts and the need to consult those tenants whom we wish to help to have decent housing. The amendment clearly shows that we are consulting people about the poor condition of their houses caused by the lack of investment. The figures set out in the document show that for the housing investment programme allocations for the periods 1978–79 to 1986–87, the outturn prices at 1986–87 levels declined from £4,849 million in 1978–79 to £4,248 million in 1979–80. They fell from £3,097 million in 1980–81 to £2,286 million in 1981–82."It is clear that the bulk of expenditure has been switched to the renovation of local authority stock and renovation grants for private sector dwellings, at the expense of new housebuilding."
Order. The hon. Gentleman is going rather wide. I remind him and the House that we are dealing with consultation and publicity. We are dealing with the procedures involved. The hon. Gentleman is now beginning to widen the debate, but I am sure that he will come back to the amendment.
I am grateful for your advice, Mr. Deputy Speaker, but l think it is essential for hon. Members who were not on the Committee to appreciate fully why we tabled this amendment in consultation with the very people who have lacked the investment that I have talked about. To comply with your ruling, Mr. Deputy Speaker, I will be brief.
The hon. Member for Stamford and Spalding (Mr. Davies) was not present at the Report stage last Thursday and he is not here today. I hope that there are no family problems or illness. There must be a good explanation for his absence. The hon. Gentleman actually came with a graph to explain the housing process in this country. I would have shown him a similar graph, but I feel that this one makes sense, while his clearly did not. As was said earlier, the white coats were out for that hon. Member after the graph was shown. I am sure that the Secretary of State has seen the graph, which shows a massive decline in resources that the Government wish to reinject through the housing action trusts and a desire to consult tenants about the decline in expenditure. Table 8.5 shows the international comparison of investment in residential construction as a percentage of gross domestic product. The table shows the countries involved in this kind of investment. At the top of the table is West Germany, with 6·1 per cent., and right at the bottom is the United Kingdom, with a paltry 2·1 per cent. of gross national product spent on housing investment. I now come to my second point, which is that consultation with tenants has been tried in the past and we have experience that we can bring to bear through the amendment to help the Government tackle the problem of the housing action trusts in part III of the Bill. My first experience was when I was a researcher at university and worked on a community development project. I was the researcher for the project in Oldham, Greater Manchester, where we carried out a study on a large investment programme for upgrading what in those days was called a slum estate. It was probably similar to the kind of areas that we will be looking at when we finally come to designate the housing action trusts. My hon. Friend the Member for Newham, South (Mr. Spearing) clearly, concisely and eloquently explained the problems involved in this part of the Bill. As he said, the Committee would have been in a better position to discuss the implications of the scheme and the real consultations with tenants if it had known where the areas would be. On Second Reading and in Committee we were given assurances about the announcement of the areas. We understood the Minister to say that they would be known by Report stage. I shall happily give way to the Secretary of State if he will announce the six areas on which he will be consulting tenants. Unfortunately, he does not seem to want to give us that information, which makes this debate rather theoretical. We are in somewhat of a vacuum in trying to discuss the realities of the scheme.Perhaps one reason why the Secretary of State cannot announce the areas is that that would trip the hybridity procedure in the other place. Having conceived the idea, perhaps—as with the city technology colleges—it may be hard to execute it.
That is certainly a possible reason for the Secretary of State's deafening silence. Later, I shall refer to other difficulties that he may be experiencing in announcing the areas.
Our first experience in Oldham was designating an area and then imposing the way in which those properties should be renovated and upgraded, with the assumption that that would lead to better housing. Our research on the Abbeyhills estate clearly showed that the tenants had to be committed to the project and to the idea of better housing—and, for HATs, not only to housing but to every possible aspect of life in those areas. It is interesting to note the powers that the Secretary of State will take unto himself in the designated areas, as opposed to the surrounding areas that will be democratically controlled by local authorities. We said in Committee—and the Minister accepted our point—that under public health legislation it would be difficult for the Secretary of State to direct vermin—for example, rats—how to operate within the HATs. They might stop at the boundary because they would not want to leave the Secretary of State and go to the local authority. On the other hand, they might prefer to be in a local authority area rather than in a HAT. That is the absurdity of the matter, and it is why we have great difficulty reconciling the undemocratic nature of HATs with the democratic local authority areas that will surround them. The project in Abbeyhills failed miserably because there was not full consultation with the tenants, full commitment to the project and full understanding of the variety of housing needs and other factors that affect people's lives. I am sure that the Secretary of State would like to accompany me to that estate some time. We can see there what can happen if we do not obtain commitment and encourage the tenants to work with us on a project:. I am sure that the Secretary of State would learn a salutary lesson by visiting that estate and seeing the consequences of designating an area. We can see a more positive aspect of the issue if we consider another designated area of Manchester. Public expenditure was allocated to a particular project in Manchester in which I was involved when I worked in the housing department. That involved the use of a Department of the Environment mechanism. I am surprised to find myself saying that the Department produced a mechanism that proved valuable in consulting tenants in that part of Manchester. I do not wish to introduce another name that: may be abused later, but the mechanism was called a housing action kit. I am sure that the Secretary of State, or his advisers, will remember it, although I am not sure whether it is still in operation. That experimental mechanism allowed local authorities to go into specific areas and visit a specific number of properties to find out what people wanted. That is similar to the consultation in respect of the housing action trusts. The aim was to find out what sort of houses and environmental and recreational facilities people required to improve an area at a time when money was allocated to such projects. In Manchester, over the years, there has been a massive cut in those resources. We cannot now carry out such consultation using the Department of the Environment mechanism, and central Government must now intervene and impose a housing action trust on the local authority. That is a waste of effort and resources, and there is no longer a democratic way in which we can find out locally what people want. I do not know whether the Secretary of State has visited the Miles Platting area of Manchester, but, if he has, he will be aware of a successful project, based on provisions similar to those in the amendment, which ensures that local people are properly consulted and do not have their lives changed by imposition rather than by democratic discussion and consultation. Unless the Secretary of State accepts our amendment, the impositions in the Bill may lead to complete failure in the allocation of resources to a particular area. However, if we follow proper consultation procedures and involve tenants, the projects can be an immense success. One of the greatest problems in fulfilling those processes is due to the massive reduction in resources in the housing investment programme which, presumably, will be reallocated from central Government through the housing action trusts. We must try to amend the clause to introduce some democratic processes into the procedure. We cannot use such processes in Manchester, as is the case in many other parts of the country, as no doubt my hon. Friends will point out later. When my hon. Friend the Member for Bootle (Mr. Roberts) was chairman of the housing committee in Manchester in the late 1970s, there was a housing investment programme of about £67 million. Last year, Manchester bid for about the same amount of money in real terms—£122 million—but we ended up with little more than £20 million to fulfil Manchester's housing needs. What will the Government do about that? We know that a feasibility study is being carried out in one part of the city.If that is so, does my hon. Friend agree that that feasibility study, about which he may like to give us details, is now, unless my amendment is accepted, being given legal authenticity?
8.15 am
That was certainly my interpretation of what has been going on. We pressed for clarification on that in Committee. Many residents from the area in which the feasibility study was taking place co-operated because they wanted to know what would happen to their homes and their lives.
My hon. Friend has brought us some startling news this morning. It seems possible that the Secretary of State is acting beyond his powers because, as I understand it, we are debating the Report stage of the Bill, which therefore has no legal standing. If local authorities start acting without legal powers, councillors are liable to be surcharged. We need to know how much money is being spent, and by whom, and on whosea authority this feasibility study is being carried out for something that is not legal. I realise that the Secretary of State has legal immunity in the sense that he cannot be surcharged for his own decisions. If he could, he would have been bankrupted many years ago. How much money is being spent on the operation that my hon. Friend has experienced?
Unfortunately, I do not have that information, although I am sure that the Secretary of State would clarify the status of the feasibility studies that are taking place in cities such as Manchester, and their relationship to the possible designation of housing action trusts. I should like to know that, because I should not like in any way to construe or even suggest that there is any possibility that the Secretary of State is acting outside his terms of reference. I am sure that he would like to clarify the exact purpose of the feasibility study. If that clarification is not forthcoming, I must continue in this vein and give my interpretation, because that might clarify the matter. The Secretary of State might be able to help me to know exactly what is happening in Manchester and the likely future developments there.
However, first I should like to identify the area where, from my understanding the feasibility study is still continuing—the Hulme area of Manchester. I believe that the feasibility study is linked to the housing action trust. We had a massive lobby of the Committee by tenants from Hulme. I asked the Minister whether he was prepared to meet them to discuss the study, about which they were anxious. At that stage, the Minister thought that the lobby was a publicity stunt, which I thought a rude response to people who had taken time, trouble and effort to travel to London from Manchester to discuss their housing needs with the Minister. Although their request was rudely rejected, not long afterwards the Minister scuttled off to Manchester to have those discussions with the tenants. I use the word "scuttle" because, as a Member of Parliament representing a Manchester constituency, I was not informed that the Minister was visiting Manchester. Although the area of the housing action trust is not in my constituency, we have already heard, in the eloquent speeches made by my hon. Friends, about the effect that the designation of a housing action trust can have on local housing plans. The area that I represent in Withington has the greatest demand for the housing that is available in the city of Manchester. My fears relate to those people who may be displaced because of the designation of the housing action trust. Because of the way in which the housing action trust will be set up, there will be no responsibility for homeless people in the housing action trust area and that will put greater pressures on my constituency and other Manchester constituencies bordering the area of the housing action trust. It would have been reasonable for the Minister to inform local Members of his meeting so that we could express, on our constituents' behalf, our fears about such a designation. I can only assume from the Minister's visit and discussions—I shall happily give way if this view is not sustainable—that there is a link, although perhaps tenuous, with a housing action trust.Did the Secretary of State inform anyone in Manchester at any stage that he was considering having a housing action trust in that part of the city, or did he treat the Manchester people with the same contempt with which he treats the House most of the time, not telling people what he is doing?
It is rather the other way round. The tenants assume that a housing action trust will be imposed on them. They want to talk about that imposition. What is to happen will be much clearer if there are open and wide-ranging discussions with tenants, local authorities and Members of Parliament. It would be much easier on Report, when we table amendments, to have a statement on the areas to be designated and on whether Manchester will be chosen to "benefit" from designation.
Given the opportunity, Manchester would have carried out renovation, rebuilding and modernisation work within what we can only assume is the designated area. It is adjacent to the recently designated urban development corporation. The small urban motorway running east-west just south of the city centre is the Mancunian way. To its south is the housing area, which is in poor condition and requires a great deal of repair, renovation and new build to give decent housing to the people who want to live in Hulme and Moss Side. The urban development corporation is the strip of land between the Mancunian way and the city centre. Part of the UDC's brief is to inject yuppie housing into Manchester. People who live south of the Mancunian way do not want the urban development area concept to be extended into their area, forcing them out when yuppies take over properties sold to the private sector against the wishes of local people. That is why they want to be consulted early, not to be told what will happen to them. The achievements and consultation that have taken place in Manchester are a model for our proposal.There seems to be a problem about the political control of areas where housing action trusts may be imposed by the Secretary of State. Does my hon. Friend have any evidence that, before this operation with the tenants, the Secretary of State had been in close consultation with what remains of the Conservative party in Manchester?
It would be difficult for the Minister to be in close consultation with the Conservative party in Manchester, because it is a dying species.
I said, "with what remains".
What remains is becoming increasingly remote. Conservative Central Office has established a new action team in Manchester.
Did they consult the local Conservatives?
The new head of that action team has been appointed from the leafy suburbs of Surrey. His task is to revitalise the local Tories.
Order. I appreciate that the hon. Member has been tempted off the straight and narrow by his hon. Friend, but he must now address his remarks to the amendment.
The new head of the action team has not chosen to live in a property in Manchester or in one that will be within the housing action trust area. He is hunting around the foothills of Saddleworth for a property from which to try to revitalise central Manchester.
Manchester has done a lot by way of consultation over the years, and we are now informing tenants of what can be done. I hold in my hand a leaflet headed "Co-operation works." In this pamphlet we talked about co-operation between local people. It explained to people in the Hulrne area, which could be within the designated consultation area, the type of proposals that existed when the pamphlet was printed. It referred to local launderettes, the need to consider the environment, the problem of dogs and litter, cleaning estates and the work of renovation. There was also reference to local policing—a vital matter for communities. That leaflet was issued in 1973. Over 15 years ago we were talking to the tenants about the needs of an area that may be designated as a housing action trust. It represented a model for consultation. The housing research section in Manchester does an invaluable job in providing information. The city council, in a survey among the residents of Hulme, dealt with the whole range of activities and the needs of local people. If the Government followed that model, this amendment—which is designed to correct the Secretary of State's ideas of what consultation is about—would not be necessary. Some eminent bodies have considered the sort of proposals that we are debating. For example, Shelter, in its submission on housing action trusts, said:When we discussed this area of consultation in Committee, we tabled many amendments in an effort to persuade the Government to see the wisdom of getting tenants involved in the process to ensure that changes in policy became effective. We suggested, for example, a ballot of residents after the designation of an area. We thought that Conservative Members, who say they believe in democracy, would agree to such a step. Secondly, we suggested full consultation for residents on the structure of the housing action trust, which is what we are talking about. Thirdly, we suggested a veto for the local authority over the designation of the HAT, which it could use if, for the area to be designated, it had a programme about which it had consulted fully. Finally, we suggested a ballot of tenants on transfer to the housing action trust. All those mechanisms would make consultation and accountability more effective. 8.30 am One of the best features of the consideration of the Bill was the number of tenants' groups which came to the Committee from all over the country. They came to discuss with the members of the Committee what was going on and to find out how they would be consulted, what their rights would be and what would happen to their homes. The lack of information from the Government was making them anxious. We must remember that it is their homes we are talking about. We cannot impose a Government diktat on them. There was every opportunity for the Government and for Conservative Members to talk to the tenants. Although we won the argument in Committee overwhelmingly, we lost the amendments because of the Government's majority. Probably the Secretary of State will accept the amendment now, because it is sensible to have full consultation. If tenants do not want it, the housing action trust will not succeed. The Conservative election manifesto encapsulated what the Government claim to be their position on the housing action trust and on consultation with tenants. The manifesto said:"Housing action trusts do not even make a pretence at being democratic. It is government choice, not tenants' choice. Transferred council tenants and local people will have little confidence in future housing opportunity, for power will not only he out of their hands, either as individuals or as local electors—it will be concentrated in the hands of nominee board members meeting to decide policy in camera … the Secretary of State will be accountable to Parliament only through the ineffective channels of statutory instrument scrutiny."
"The next Conservative Government will…give people greater choice and responsibility over their own lives …Our goal is a capital-owning democracy of people and families who exercise power over their own lives…They would take the important decisions—as tenants…—rather than having them taken for them …But what this Conservative Government has done is to make it easier for people to…decide such things for themselves."
indicated assent.
I will happily give way to the hon. Member for Mid-Worcestershire (Mr. Forth) if he wishes to make an intervention. The hon. Member was nodding vigorously in support of that quotation. I should like him to explain to me, because clearly the Secretary of State will not, exactly how the Government proposal for housing action trusts fits in. Would the hon. Member like to comment on that? No.
We have been on our feet for about 14 hours. There have been numerous sedentary interventions of the sort that the hon. Member for Mid-Worcestershire made, but not one word will appear in Hansard. Is not that a travesty of the Government trying to defend their position? The hon. Member was not in Committee on the Bill. He was not interested in housing and probably knows very little about it. Apart from the Minister's Parliamentary Private Secretary, the hon. Member for Nottingham, East (Mr. Knowles), there is not another Conservative Member here who was on the Housing Bill Committee to make a contribution on this important matter. It is worth reflecting on the ministerial statements that have been made on this subject. The Minister has said that he would not impose HATs if tenants objected. That cannot have been a mistake, because he said so at least twice. The first occasion was a meeting of the Housing Consultative Council for England in the autumn of 1987. The second was the one-day conference organised by the Institute of Housing in March of this year. On both occasions he said that housing action trusts should not be imposed. I shall be happy to allow messages to come down from the Box at this stage, if the Minister wishes to make a correction. I am not sure that the hod carrier is ready for the run. Yet again, there is no correction being made, but I am sure that one is on its way. Meanwhile, I shall have to rely on those statements. I shall be even more relieved to have the Minister's confirmation that it is still his view, but he is not in the Chamber. Unfortunately, I do not have faith in the Secretary of State to make the same statement. That typifies the problems that we have had throughout the proceedings on the Bill—the conflict between the Secretary of State and the Minister of State on those matters. We see also how the iron hand is now in control. Perhaps it is no coincidence that the Secretary of State is present to answer this debate and that his hon. Friend the Minister for Housing and Planning has taken to his bed. I am extremely flattered that the Prime Minister has joined us, and presumably we may now have an answer to the question of housing action trust designation. I am sure that the Prime Minister has come here specifically to relieve the anxiety that is felt in Manchester, and to tell the House from the Dispatch Box which trusts are to be designated. I would feel privileged to give way to the Prime Minister on that particular point, if she would like to comment. Obviously she has come to make some statement about the Bill, which we must all be anxious to hear. Tenants want uncertainty to be removed and to know what are the Government's intentions vis-a-vis consultation and imposition. They do not want democratic control by local authorities removed, to be replaced by the imposition of an undemocratic body without consultation. The amendment will ensure that tenants are properly consulted in the way described in the Conservative party election manifesto. I am sure that it is to reaffirm the contents of that manifesto that the Prime Minister has come to the House this morning. In considering the question of tenants' choices and rights, and the right of local poeple to be consulted about their lives and their future—In cases where tenants have been consulted—by, for example, the Conservative and alliance coalition at Milton Keynes—and where there were plans to offer consultation in Peterborough, Telford and Shropshire last summer, have not the Government—fearful of tenants making a choice to go with their local councils rather than with housing action trusts or similar bodies—repudiated those democratic methods and preferred to endorse autocratic methods?
That is right. I can cite a similar example of a survey that was undertaken successfully in Wythenshawe by the research unit of Manchester's housing department. Wythenshawe, of course, could be a candidate for a housing action trust. That survey showed, as has just been pointed out, that 76 per cent. of respondents on the council estate, irrespective of their current tenure, considered the housing legislation to be bad, and 77 per cent. wanted to stay with the council, their first choice of landlord. That result is significant because it is reflected throughout the country. Where tenants are properly consulted, they overwhelmingly reject an alternative landlord and say that they want to stay with the local authority.
A housing action trust should not be imposed upon people against their will. We are talking about people's homes, lives and families. The amendment goes only some way to providing some sort of consultation, but it is better than nothing. It is a step in the right direction to give power to individual tenants, as identified in the Conservative party's manifesto, to make their choice. If the Government wish to uphold their manifesto commitment, they will support the amendment.First, let me welcome the Prime Minister to the debate this morning.
Where is the Leader of the Opposition?
Perhaps he is fielding a few more early-morning telephone calls—I do not know.
The Prime Minister is an expert on houses, because she has so many of them. If she would like to join in the debate, I for one would be delighted to hear her speech and ask a few questions that I have been dying to ask her from the Dispatch Box. I understand that she has not made a speech from the Dispatch Box since the Westland disaster and I can only conclude that her presence here this morning is to announce some other catastrophe that is about to strike the nation. I was hoping that the Secretary of State might break his Trappist silence and say something in answer to many of the questions that have been directed to him so far. Two questions to which the Secretary of State knows that we should like answers—we are prepared to go on for a lot longer in order to get them—are how many housing action trusts will there be, and where will they be? It seems reasonable at the very least for the Secretary of State to give us an answer to those questions after 115 hours of debate in Committee. We are considering housing action trusts, and the Secretary of State has still not revealed where they will be. I cannot believe that there has not been some considerable consideration as to where those HATs will be located. We have heard a number of pieces of circumstantial evidence to suggest that consultations are already taking place, although with whom we do not know. Perhaps when the Secretary of State comes round to speaking, he will tell me whether there is any truth in that at all.The hon. Gentleman should sit down then.
I am happy to sit down when I have read this list out to the right hon. Gentleman.
Will the right hon. Gentlman confirm or deny that the following states in the following areas have been pinpointed as being housing action trusts—in Southwark, the north Peckham and Gloucester grove estates; in Tower Hamlets, Solander gardens and Shadwell gardens, and the Berner, Ocean, Boundary and Holland blocks; and in Lambeth, the Loughborough and Angell town estates? I happen to know that last estate well because I used to live on it and I should be interested to know whether my old home-—which unfortunately does not yet have a blue GLC plaque on it—will be becoming part of a housing action trust. I mentioned the various estates in Canning Town to my hon. Friend the Member for Newham, South (Mr. Spearing). We know that a would-be Conservative Member of Parliament in Newham has been having discussions with the Minister's political adviser about whether Newham can have a housing action trust. I say "would-be" because, as the Secretary of State will know, Newham is very much a Tory-free zone, and we intend to keep it that way.8.45 am
Perhaps the Secretary of State will confirm that his principle on where housing action trusts are to be located will be the same as his principle on where green belt can be built on—namely, that they will not be located at the foot of his garden.
If the Secretary of State were to give an answer, he would say, "Not in my back yard, sonny." That seems to be his general approach. It can happen in everyone else's back yard, but not in his own. That is another example of his double standards.
Let me continue with the list of estates pinpointed as housing action trusts. In Leeds, they are Halton Moor, Seacroft and Gipton; in Sunderland, Downhill, Town End and Hylton Castle; in Sandhill and Wolverhampton, Windmill Lane, Whiteheath and Heathstone. If the Secretary of State knows that any of those is likely to be designated, he owes it to the House to say so. I shall not invite him to stand up and do it now, as he has declined every invitation so far, but I hope that when he replies to some of the debate—as I assume he must eventually do—he will give us the information. We should like to ask more questions about the HATs. How many properties will each of them have, and what other land will be attached to them? What will be the proposed financial terms of each transfer? How will local authorities continue to manage the debts attributable to property that they no longer own? Those are basic questions; without the answers, we are not really in a position to move on from this part of the Bill. If the Secretary of State wants in any way to be constructive today—that would be breaking the habits of a lifetime, but I am being optimistic—he must direct his attention to them. The questions are particularly pertinent to amendment No. 308. Clause 55 sets out the powers of the Secretary of State to designate a housing action trust. Amendment N o. 308 relates to clause 56, which sets out his obligations to consult over the designation. That does not mean much, because he does not have to consult a great deal. For example, the Bill does not oblige him to consult the tenants whom he will be transferring from the familiar control of the local authority to the hands of the HAT. He is merely obliged by clause 56(1) to consult the local authority or authorities in whose area the HAT will be situated. and by clause 56(2) to bring the proposal to the notice of persons likely to be affected by it. I should very much like to know—as, I am sure, would many people on the estates that I have mentioned—whether he will be consulting them. Clause 56(2) merely states:That is a fairly permissive piece of proposed legislation, which enables the Secretary of State to do a great deal, or nothing whatever. Knowing the present Secretary of State, I would expect him, in his rather laidback and indolent fashion, to choose the latter course."Before making a designation order, the Secretary of State shall take such steps as appear to him best designed to secure that the proposal to designate the area in question is brought to the notice of persons appearing to him to be likely to be affected by the proposal."
It might be opportune to repeat a question in the presence of the Prime Minister because she has some legal background, which may not be the case with the Secretary of State for the Environment. Is it not the case that we are being invited to validate in law consultation which may be taking place about which we know nothing and which may be partial and incomplete? Is it not a matter of legal irregularity for there to be retrospective legislation of this kind without proper reasons being given? So far we have been given no reasons for this. [Interruption.] I would have given way to the Secretary of State earlier. However, the Prime Minister should be aware that we are considering retrospective legislation of a most questionable type. We are doing that in the presence of the Prime Minister, who is a lawyer, and she should have known better because her name is on the Bill.
I said earlier that my hon. Friend the Member for Newham, South is just too nice for politics. If he really thought that he would receive a reply from the Prime Minister, he surprises me. Having done a dry run as Leader of the Opposition, I am quite prepared to nip round the other side of the Chamber and try a dry run as Prime Minister and perhaps attempt an answer to that question.
I am going to milk this situation for everything I can because this opportunity is most unlikely to come my way again. As I explained, I resigned as Whip, which is catching in the Labour party. However, I found myself back as an agency Whip—a kind of privatised Whip—to carry through the remainder of the Bill. I think that we are doing a fairly good job at the moment. [Interruption.] I am glad to see that word has got around that the Prime Minister is here and that a number of previously unfamiliar faces during the night have appeared. Clause 56(2) states what the Secretary of State plans to do to notify people who will be affected by having their area designated as a housing action trust. What sort of notice is he going to post? No matter what anyone says, if the Bill is enacted, it will affect many people. We believe that it will affect them to their detriment, and the Government believe that it will affect them to their advantage. We will have to wait and see. However, we can join hands on the idea that it will affect a large number of people. When I looked at the newspapers on Tuesday to see what the Government and Opposition press had reported, I noticed that in The Times, The Independent and The Guardian, very few of whose readers it might be argued will be affected by the Bill, there were large sections reporting the proposals. In newspapers like the Daily Mirror and The Sun—the majority of whose readers will be affected by the proposals—there was no word about the Bill. If the Secretary of State wants to give notice of the proposals, he should do so in The Sun or the Daily Mirror and not in The Times or The Independent. A very good argument for televising the House can be made when we deal with proposals like the Bill which will affect millions of people but which are not reported in the press. There should be extensive coverage not because of our speeches from the Back Benches or from the Dispatch Box but so that people can receive information that will affect their lives in future. When the Secretary of State decides how he will notify people, I hope that he will bear in mind that it is not good enough to put an announcement in the London Gazette. He needs to ensure that everyone involved is contacted through the medium with which they are most happy.Would my hon. Friend care to reflect that the Government seem able and willing to spend large sums on advertising the armed forces and Britain opening for business in 1992, but that a serious attack on the lives and future of tenants in council estates throughout the country appears to be a state secret? Tenants are not allowed to know that they are about to be thrown to the wolves of property speculators and have their homes taken from them.
I agree with my hon. Friend that this Government are good at spending vast quantities of taxpayers' money, dressing up their campaigns and trying to put the best gloss on them. They achieve that by having the glossiest of glossy pamphlets. We have seen many examples of that, usually with the Prime Minister in soft focus on Department of Trade and Industry pamphlets. When one has a lousy product it is best to dress it up in the glossiest form of packaging so that people are deceived. It is a well-known marketing technique.
What amuses me is the way that the Government attack local authorities for their attempts through newspapers and other means of communication to inform people of the evil impact of Government policies on them. Local authorities are prevented from doing that, while the Government use vast quantities of taxpayers' money to put over party political policies which do great damage to those same individuals. The Government know all about how to squander taxpayers' money.The Prime Minister says that she is a great enthusiast of morality. Does my hon. Friend recall that the Government paid £5 million of taxpayers' money to tell taxpayers, or Sid in particular, that they should buy what they already owned? Is there not a moral duty on the Government to spend a modicum of that sum on The Sun and the Daily Mirror to inform the public that the Government intend to take from people in various places what they own at a low price and without saying what they will do with it?
I agree with my hon. Friend. The Conservative party is extraordinarily good at that, and I congratulate the Prime Minister on the way she manages to deceive large numbers of people for a large part of the time. That is because the Conservative party has had a lot of practice at it. The day the people wake up to the way they are being exploited by the Government will be the day when the Government will be thrown aside and a Socialist Government elected. Despite the brave smiles on Conservative faces, that day is not far off; I assure them of that.
Amendment No. 308 refers to clause 56(3). My hon. Friend the Member for Newham, South in a cerebral speech which he sat up half the night writing, states that consultations will take place before the Bill becomes law and will be sufficient to satisfy clause 56(1) and (2). This is retrospective legislation and yet another example of the way the Government, who are so arrogant that they are prepared to dismiss any objections and opposition—[Interruption.] The Prime Minister should be allowed to make a dignified departure. I hope that she has heard something which even at this late stage might help her know that she has made a complete mess of this Bill. It will not win the Conseratives any support. Like political fund ballots, the Bill has had a perverse effect. I have attended many meetings about the Bill, especially about housing action trusts and the pick-atenant provisions—or the pick-a-landlord provisions as the Government prefer to describe them. The Bill has alerted a large number 0of tenants to the dangers that they may face should the Bill become law. The Bill has politicised many tenants in the same way as the issue of political fund ballots politicised many trade unionists. 9 am The Government have tried to get away with it all by passing the Bill through the House as quietly as they can. Because of the extreme nature of the proposals in the Bill, however, we have been able to alert a large number of tenants to what will happen. When we come to discuss the proposals for pick-a-tenant, I believe that the Government's objectives will he thwarted time and time again, as they already have been in regard to a number of the new town development corporations. Amendment No. 87 relates to clause 56, which sets out the consultation required by the Secretary of State before a housing action trust is set up. Clause 56(2) states that the Secretary of State is obliged to take steps to bring such a proposal to the notice of persons likely to be affected by it. The amendment would prevent the Secretary of State from setting up a housing action trust in an area where the majority of persons likely to be affected are opposed to it. We find it difficult to square the removal of homes from local authority control where the tenants, in common with other local residents, have the opportunity to elect their landlord every four years to a non-elected body, where all the members of the controlling board are appointed by the Secretary of State with the Government's stated aim of increasing tenants' choice. In the Government's earlier manifestos, they spoke about increasing tenants' choice, but one cannot square that with the proposals in clause 56. I have ceased trying to square the irreconcilables that are contained in the Bill—we merely content ourselves with pointing them out. Despite what was said in Committee, it is clear that HATs can be imposed on a local authority whether it likes it or not. That is undemocratic and hard to bear, but those tenants whose homes are removed from local authority control do not even get a look in. They will not be consulted as a result of clause 56(2); they will only be notified of the proposal. For that reason, we are promoting amendment No. 87, which ensures that, where tenants and residents are opposed to the proposal it should not go ahead. The two amendments show that the Secretary of State wants to load all the dice in his favour. He wants to be able to ride roughshod over the objections of the local authorities and to ignore the wishes of the tenant. Indeed, it is possible that he will not even have to bother to consult the people who will be affected. We are not surprised that that is profoundly undemocratic—we are always angry, but we are not surprised. Unless the Secretary of State comes to the Dispatch Box and gives us some positive answers to straightforward questions, which he knows deserve answer, frankly he cannot expect us to do anything but press the amendments to a Division.It might be helpful if I give such information as I can in response to the questions asked by the hon. Members for Newham, South (Mr. Spearing) and for Manchester, Withington (Mr. Bradley).
First, like every other hon. Member who has spoken, they asked when the list of housing action trusts will finally be produced and what will be on it. No final decisions have been taken. None of the places mentioned by the hon. Members for Newham, South, for Withington or for Newham, North-West (Mr. Banks) has been decided upon. They are the subject of possibilities and rumours. The lovely idea of the key importance of one of my political advisers having met a Tory candidate is absolutely wrong. I can put hon. Members' minds at rest. No secret or final decisions or unannounced consultations have taken place. When the Government have finally made up their mind they will announce the list, during the time when the Bill is in Parliament.Will the right hon. Gentleman give way?
I have listened to several long speeches, and I want to reply to them and make progress.
The consultation process consists of three stages. This is the answer to the point raised by the hon. Member for Newham, South and his hon. Friends. In the first stage, we declare a certain area to be a prospective housing action trust. So far, the trust has not been set up. Next, I consult local people and the local authority about my proposals for setting up the HAT. We have drafted a "Dear Occupier" letter, about which the hon. Member for Newham, North-West inquired. Its information will appear not in the newspapers, but in the letter box, which is a much better way of ensuring that people get it. On the basis of that test of opinion I shall decide finally whether to put an order before the House to designate a particular HAT.Will the right hon. Gentleman give way?
My hon. Friend the Minister for Housing and Planning was right to say that we hope to set up housing action trusts with the consent and agreement of the tenants, but the decision will be mine, and I shall decide according to what I believe to be right. We are talking here only about the principle of making an area a HAT, whose transfer will be from one public sector body to another.
Will the Secretary of State give way?
Now I come to the point raised by the hon. Member for Newham, South about retrospection. His amendment seeks not to make these consultations legal until after Royal Assent. He claims that it is retrospective that I have the power to hold these consultations with local people before the Bill becomes law. There have been no such consultations yet, because no HATs have been declared. The consultations will take place only after they have been declared. We cannot consult people when the people concerned have not been told who they are.
This is not retrospective by including it in the Bill, everybody knows what the law is. Everybody now knows what the draft clause which the House may approve will be. Everybody knows that retrospection means a change in the law after someone has done something in the belief that it was within the law. The law being changed after such an act is committed is the form of retrospection that we all eschew. Opposition Members who seemed to be a little worried about that may remember that, on 9 March, I made a statement in the House saying that at midnight that night there would be certain changes to the capital control rules for local authorities. I said that those would later be enacted and they have been, although there is a further stage to come. That is exactly the same process as the one that is being carried out here, except that that was a more important matter because it was the finite definition of the law in relation to financial transactions. No Opposition Member claimed that that was retrospective, because it was not. Everybody knew what the law was when he came to do whatever it was he was about to do. The second matter is the order of procedure. I do not wish in any way to usurp the functions of the House or of its advisers and Clerks. My suspicion is that the definition of a procedural point by the hon. Member for Newham, South (Mr. Spearing) and the question about hybrid instruments was right. It is not for me to give a verdict, but I think that I agree with his view. That procedure has been followed with urban development corporation orders that have been petitioned against. If it is a hybrid procedure for the order—it is not for me to give a verdict on that—then that is accepted. The next phase is the true consultation. One does not have a HAT until one has an order, and it is only then that one can consult. I agree with much of what the hon. Member for Withington said on that point. All those matters and many others, including the precise terms of the tenancies, the way in which they will be treated and the arrangements for the tenants' forum so that they can have close contact with the board, will be for the housing action trust. What the trust will do will be a matter for major consultation. The hon. Member for Newham, South spoke about planning. That will be a matter for the housing action trust and not for me. The hon. Gentleman seemed to think that I would direct the HAT about planning, but that is not the case. I shall be the appellate and the court of appeal. That is my function in relation to any planning authority, and such authorities make decisions about planning permission, although they will be required to conform to a local structure plan—if there is one for the area. In that sense, the position is the same as with any other planning authority. The hon. Member for Withington made great play about some secret plot. I did not gather the full import of what he was saying. My hon. Friend the Minister for Housing and Planning visited Manchester last month and the visit received full publicity. He went to Hulme and had talks with Professor Valerie Karn. There is some lively discussion going on there about whether the right thing to do for the Hulme estate is to set up the feasibility study that my hon. Friend the Minister of State, Home Office, the predecessor of my hon. Friend the Minister for Housing and Planning, more or less promised in 1985 as a way of studying the problems of that estate. That is still on the table. Another option discussed in Hulme was that it might be better to make it a HAT, but no decision has been taken. Until a decision has been taken as between those two options—Which are completely alternate and not complementary—that gives the hon. Gentleman the answer that he wants and shows how mistaken one can be to believe in the conspiracy theory when trying to keep the House amused at 7 or 8 o'clock in the morning. [Interruption.] When the hon. Gentleman spoke, it was 8 o'clock. 9.15 am The hon. Gentleman also seemed to believe that in some way this was a dreadful imposition upon people to make their areas—[Interruption.] The Opposition confirm it. It is astonishing that the Government have offered £125 million over the next few years solely to improve the houses—I have been sitting here on and off during the night—yet hon. Member after hon. Member has complained about the condition of the housing stock in their area—how run down and badly managed it is. The Government have said that they will visit the worst areas and then we shall liberate those people from the misrule of the councils.rose—
Order. Will hon. Members resume their seats? The Secretary of State plainly is not giving way.
We have the recently published National Consumer Council's Gallup poll of council tenants showing that, even before the Bill has been passed, as many as 21 per cent. of tenants would like to have a social landlord, such as a building society, a housing association or a co-operative. Another 27 per cent. would like more information before reaching a decision. Let them have what they want. Opposition Members are not prepared to do that.
Neither amendment is right or necessary, and I invite the House to reject them.Basically, I should like to speak about clause 56, dealing with consultation. I noted the Secretary of State's reply on consultation. The point is that he has said that he will consult after designating an area. Amendment No. 87 seeks to provide that consultation shall take place before designation, and that is for a special reason.
I am opposed to housing action trusts. I believe that local authorities, given the necessary resources, can perform as well as any of the proposed ideas. However, if housing action trusts are introduced—it appears that the Minister will insist on that—the test will be whether they work. That must be the only test for any legislation. The best way to make the trusts work is to have full consultation before an area is designated. We ask for that in amendment No. 87, and that is not asking for a lot. It is important that in those areas—some of them will be experimental—there should be consultation with everyone involved to ensure that housing action trusts are a success. I am against them, but, if they are to be introduced, I hope that they will be a success for the people who live in those areas. Obviously, some matters are laid down about how the consultations should take place. The Secretary of State will, for example, take into consideration the balance of local authority and private housing. That must involve local authorities and tenants, and there is nothing wrong with that process. Another aspect is the physical condition and design of the housing; and whether the tenant is in the private or the public sector is but a minor detail. It is no use simply saying that a design is no good. It might be that, as with Airey houses, tenants cannot obtain mortgages because the exteriors of the houses are not good enough, although the insides are perfect. All that they need are new exteriors and then the tenants can obtain mortgages and really go to town. That must be part of the process of consultation. There is nothing wrong with studying how local authority housing is managed. Housing associations might pick up some good ideas from local authorities. I am proud of the local authority housing in Doncaster, and I should be happy for anyone to look at that. There must be consultation about the living and social conditions and the general environment of the area. It is no good designating a small geographical area as a HAT if the surrounding area is no good. It might be necessary to consult on a broader basis than just the HAT, and there is nothing wrong with that. The important point is that consultation takes place. I cannot accept the Government's argument that there should be no consultation until they have decided on the areas. That is not playing the game. Consultation is necessary to ensure success and to carry the people along with the scheme. Another important factor is the repair and improvement of homes. It might be that near to a HAT is a badly rundown private housing area. Perhaps, with the right consultation, the Government could take over the whole area and give the environment a lift. That sort of consultation can bring good results. The Secretary of State must surely agree that housing must be managed properly and effectively. Everyone who has a home would subscribe to that. There must be consultation with those who help to make the decisions. It is also a fact of life that HATs will involve, for example, health services. If it is terribly rundown, it is no use building it up and occupying the houses if there are no health services. The health services must be consulted, as must the community care services, because a number of the homes may be occupied by the elderly.I am puzzled as to why the hon. Gentleman is spending so long questioning what he describes as an absence of consultation. Clause 56 lays down that the Secretary of State must consult every local authority included in the proposed designated area, and that he
What more can one say?"shall take steps to ensure that the proposal to designate the area in question is brought to the notice of persons appearing to him to he likely to be affected by the proposal."
The Minister has said that he will decide whether consultation goes ahead, but, in real consultation, one has to come to an agreement. It is all very well holding consultations and saying, "I am the Minister. It does not matter whether you have no community care or health centres. The scheme will still go ahead because I am the Minister and I say so." I am referring to meaningful consultation, which is vastly different from the Minister's idea of consultation.
We are dealing with important undertakings. The Minister will make the housing action trusts responsible for the maintenance of private roads that fall within their scope, all at public expense. But where will the public expenditure come from? It will come from the local authority. On many estates, the roads are not kept up to the correct standards, and that will cost the highway authorities a great deal of money later. The Minister says that the highway authorities will have responsibility for those roads, but the local authorities will have to maintain them at their own expense, so they may not be up to standard. We are talking about other people's money. We are always told to be careful with taxpayers' money, so we must ensure a good system of consultation through the housing action trust schemes. An important factor in getting things up to modern standards is the police, who form part of the local authority. If we do not consult the police authorities, they may not cater for a scheme in their forward plans and may not have sufficient money to ensure that an area is properly policed so that everyone can live the good life. We are asking for common sense in consultation, but we do not seem to be able to get through to the Minister. Perhaps he distrusts local authorities, although I do not. If he distrusts them, he should take another look at them and see the good work that over 90 per cent. of them carry out. Local authority education provision is excellent. Education is one of the largest parts of local authorities' budgets. The local authorities may agree with all the points about consultation, but say, "Can you wait a few months before you start so that, by the time the kiddies are living in those new houses, the new school will be built?" There is nothing wrong with that—that is meaningful consultation—but the Minister wants to take that out of people's hands. He appears to be implying that there will be no local authority representatives on the housing action trusts, so there will be no umbrella coverage. Nice new houses will be built, but there will be no community to serve them. That would be a disaster of the first order. However, if there is proper consultation, the scheme can be made to work effectively. We cannot say, "Here is a geographical area on which we will spend money." That area may need to play a different role. It may need more local government money spent on it, which might not be available at that time. Is it not common sense to negotiate with the local authorities through consultation and then to make the decision? That is the simple and right thing to do. I do not want to go over the brief about consultation, but another important aspect of consultation involves the people who will have to live in the homes and whether they can afford the rents. It is possible that the decisions that are made may prove impossible for the people who have to live with them and whom one would like to serve—for example, the poorer sections of the community—because the prices may be suitable for middle-class people only. If that is the case, the middle classes will move in and the people whom we all want to help will be unable to live]n those properties. 9.30 am I am trying to suggest the best ways in which I think we can approach this issue. I hope that when these matters are considered, through consultation, the Minister will give some thought to private estates in northern mining areas. They may be attached to public sector land. Perhaps, through good consultation, people could be approached and the standards of those houses improved. There is nothing wrong with that. I am sticking to the substance of the amendment and saying, "Let us have good consultation." If a man is worth his salt, he can consult. If a man is worthy of a public position he can carry the people with him. If the Secretary of State has any faith in himself, he will accept the amendment because he will take up the challenge, knowing that the people with whom he will deal will want to do their best for local people. I suggest that on this occasion the Secretary of State should agree to support our worthy amendment.The Secretary of State is welcome. By my calculation he made his premiere 14½ hours after the beginning of this section of our debates, and was encouraged—
I sought to intervene early, in the debate on the fifth group of amendments. I do not think that I can be blamed if that comes rather later than it might have done.
The Secretary of State is perfectly entitled to make that point. I suppose one could say that when, out of the 250 amendments, 119 are Government amendments we are making relatively solid progress when, by my calculations, we have gone through 46 groups of amendments on Mr. Speaker's selection, with the remaining 114 still to discuss. I do not know when we calculate that at this rate we shall be going home to bed or to breakfast. It may not be for some time yet.
The Secretary of State was being encouraged to open the box. He did not, but he stirred the House into some sort of life. I suppose that he and the Prime Minister together at 8.30 in the morning are enough to stir anybody into life after a long night. It certainly sounded as if we were having a hornet's nest opened, even if it was not the box. The Secretary of State made some illuminating if not altogether consistent revelations, as far as one can judge from any normal use of the English language. First, he said what the procedure would be—I think that we are all grateful to him for clarifying that. He said that he would decide on prospective housing action trusts, consult on the proposals and then an order would be made. I have taken a different view from that expressed so far by Opposition Members. I think that it is better to discuss the principle without knowing the specific sites, otherwise one gets bogged down in discussions of those sites. It is sensible to discuss the idea and its general application first. I had hoped that the Secretary of State would clarify whether relatively small, concentrated areas are to be grouped together—for example, one area for one place, such as one side of the river in the development corporation in London, or whether he still envisages a series of small islands that would come under one housing action trust and be spread over a wider area. I hope that the Secretary of State will reconsider amendment No. 87. I smiled somewhat at the second of the three phases described by the Secretary of State—the consultation on proposals, or "Dear Occupier" letter. It sounded like Reader's Digest: "You have been singled out. You are the lucky recipient of our unique, once and for all offer. You, dear reader, are one of the people who will now qualify to fill in the form for the prospects of a jackpot." The reader will be given the golden key to a rather uncertain door. I am glad to know that the letters have been drafted and the word processors have been at work. No doubt some lucky people will soon receive the letters. I do not object. If the Secretary of State thinks that people in part of my borough, Liverpool, Manchester or elsewhere should be the beneficiaries of Government funding, I would not resist. The Secretary of State said, rightly, that one should not resist the idea of the Government coming to the rescue of some of our worst estates. I resist, however, the idea of it being a uniquely Government operation and a complete takeover, if the Secretary of State wishes. The right hon. Gentleman resists amendment No. 87, which refers to a majority of persons consulted opposing their area being designated, even though he said a few minutes ago that the orders would be made "with the consent" of the tenants and said, even more tellingly, "Let them have what they want." If the principle of the Bill is revealed between 9 and 10 o'clock on the third day of the Report stage as being, "Let the tenants have what they want," there must be substantial redrafting. For example, we must accept this amendment and amend part IV and have a voting system that conforms with normal procedures, whereby majorities mean majorities, minorities mean minorities and property cannot be transferred from the public sector to another sector by a vote of none in favour and less than half against.And a vote from the dead.
"And the dead," as my hon. Friend chimes in from a position which, compared to where I am, looks like the grave.
I accept that the tenants should be given a fair choice and allowed to consider the options. I am not against the Government coming in with additional money to bail out some of the worst estates. It is imperative that that is done in co-operation with local authorities and local people. In an interview reported in the Local Government Chronicle in December, the Minister for Housing and Planning said:"It has to be done with local understanding."
In Committee, when replying to questions on the attitude of tenants who were forcibly transferred to housing action trusts, the Minister said that housing action trusts could not work effectively if either the local authority or the tenants disagreed to the trust being set up—a very unambiguous answer. The Secretary of State, giving us his brief definition of consultation, said that he "hoped" to get the tenants' agreement, not that it was necessary to do so. The right hon. Gentleman has confirmed that tenants will be compulsorily transferred, so the consultation is a sham, whether or not there is an individual letter.
The hon. Lady is right to point to the validity of amendment No. 87, which I support, because it says clearly that if after consultation the majority of the persons consulted are opposed, it should not go ahead. Like the hon. Member for Newham, South (Mr. Spearing), who opened the debate, I speak with relative authority because I represent part of a development corporation area imposed on a substantial number of my constituents without their consent, which proceeded, under orders put forward by the Secretary of State and approved by the House, to take land from the local authority. Then planning decisions were taken by non-elected members of, originally, a secret although subsequently an open committee that was in no way accountable to the local community. The Secretary of State may be the court of appeal, but he is also involved in the court of first instance, because he appoints everybody who sits on it and he can remove the members when he wishes. So it is an appeal to the same person with a different face.
I hope that the Secretary of State will intervene if I get this wrong. Does the hon. Member for Southwark and Bermondsey (Mr. Hughes) agree that in respect of the LDDC the right hon. Gentleman is more than a court of appeal? In March 1987, prior to any formal planning application, he made a great statement about what the planning arrangements for the royal docks should be. He did that as an initiator giving directions to the LDDC. He now finds himself in the formal statutory position of being possibly an adjudicator on a formal planning application. Of course, he can say that it is in accordance with Government policy which he made for that area over a year ago.
I agree with the hon. Gentleman. It is ironic that our debates were graced by the Prime Minister for half an hour just when we were debating for the first time on Report the creation of more quangos. This is the very Prime Minister who said on coming to office in 1979 that she wanted fewer quangos and less direct Government involvement on the backs of the people. The reality is that more and more quangos have been set up, with all the members appointed by Ministers or Secretaries of State, and at the end of the day they have to do as the Secretaries of State tell them.
The structure, electoral systems and so on of local government might need to be amended. Local government is not perfect, but at least it is a separate, autonomous and independently accountable tier which can represent people without always having to how to the Secretary of State.Although I agree strongly with what my hon. Friend has just said about the need for accountability and the need for local government to ensure that local residents and tenants have the chance to make as many decisions as they can about the running of their estates, does he agree that sometimes tyranny is exercised by local government? To take the city of Liverpool as an example, the wishes of tenants have often been ignored when the local authorities have wanted to establish something like a housing co-operative. Surely the key is the need for greater local accountability, with more resources. If tenants are to take over in a place like Liverpool, where there are 6,000 empty properties owned by the local authority, it is pointless unless resources are given to the council to enable it to take over the properties and improve them as the tenants would wish.
Not only is my hon. Friend right, but he speaks with the authority of someone who has chaired one of the largest housing authorities in the country. During his time in office in Liverpool one of the keynotes of the administration was that tenants were given much more choice.
If it were true, as the Secretary of State asserts, that the principle of the Bill is to let tenants have what they want, whether they be under the control of local authorities, housing associations or private sector landlords, I would not object to the substantive part of the Bill. The tragedy is that often it will not be a case of letting them have what they want in a free and democratic way, but "Let them have what I arrange that they will have unless they violently and cleverly manage to object." There was an extraordinary postscript to the debate in the other substantive comment of the Secretary of State. He gave us a new definition of the word "retrospection" and the concept "retrospective". Clause 56(3) provides:The Secretary of State defined that as being not retrospective. The reality is that any legislation stating that action taken before it became law will count as though it was lawful is by any definition retrospective—and I am sure would be adjudicated as such by any court of law. The Secretary of State may use his authority and that of his Government to change most things, provided that he has Parliament's approval—but he does not yet have the power to change the definition of words, however hard he might try to persuade the House otherwise. Subsection (3) clearly intends that consultation undertaken before the enactment of the Bill will count as if it had occurred after the Bill became law. I do not necessarily say that the Government could not as a matter of policy rather than legislation decide that their interpretation would apply. However, the Secretary of State should be honest enough to tell the House that the provisions of the Bill, as in so much legislation these days—probably more than in the past—are retrospective, and seek to enforce retrospectively that which only ought to be done after the day the Bill receives the Royal Assent. A little more light has been thrown on the subject of housing action trusts, but we still do not know when they are to be, where they are to be, or quite what they are to be. The hope of those speaking in support of the amendments is that action groups will not be imposed on those who do not want them, but that instead one should, to quote the Minister of State,"Consultation undertaken or steps taken before the passing of this Act shall constitute as effective compliance with subsection (1) or subsection (2) above as if taken after that passing."
"Let them have what they want."
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For most of the time that the Bill has been debated on the Floor of the House and in Committee I have been engaged in work on other Bills and have not had an opportunity to intervene. Therefore, I welcome this opportunity to participate in the debate, albeit at an unusual hour.
In my area the Bill has caused fear, confusion and anger. The Secretary of State, in a remarkable intervention, spoke of giving people what they want. He went on to make it clear that it is a case, not of giving the people in the houses what they want, but of giving the Secretary of State what he wants and thinks is good for them. Before I entered the House I was the first secretary of the Banks of the Wear co-operative housing association, which is now of great standing in the north-east. It is the first-step association for a very large number of subsidiary housing co-operatives. During my work for that association—which was some time ago—I learnt the hard way what consultation and involving people in real choice about their housing needs is all about. At that stage the housing association was working in the Sunderland area, but it now operates throughout the region. Banks of the Wear is committed to letting people have just what the Government have talked about—quality housing at a price that they can afford, and over the quality of which they have some control. I was dismayed when I read clause 56, because it appears that the Government have learnt nothing from the lessons taught by organisations such as the Banks of the Wear, as well as by local authorities, about the manner which consultation should be undertaken and choice expanded. I should not have been surprised, because the other Bill with which I have been involved is the Education Reform Bill. In that measure, too, the Government talked about choice, but when we examined it in detail we recognised that it would remove and restrict choice. That will be precisely the effect of claus:56. The amendment begins to spell out ways in which tenants may have some minor reassurance that proper consultation will take place. However, consultation is a poor substitute for democracy. Consultation is a poor second best to giving people some control and proper choice through the ballot box. I am horrified that the Government, despite all their fine words, reject that opportunity. The Government could have taken the opportunity to recognise that in the past eight years they have so starved the public and private rented sectors of resources that things really are in a sorry state. Because of that starving of resources we now have to inject a lot of money. No Opposition Member would disagree with that. What we would disagree with is the cavalier way in which the Government seek to do that. Far from consulting and involving people in any real choice, the Secretary of State has made it clear to us that he has no intention of properly consulting and involving people, and I am dismayed by that. I was the secretary of a housing association, but I was also involved in community work, so my professional activity was to enable people to have choice and to teach them how to consult properly. Had the Secretary of State joined the course that I taught and presented his case as an argument for consulting people about their future, I am afraid that he would have had little chance. If he had not learnt quicky, he would have failed the course. Consultation is important. The Secretary of State cannot dictate the full terms of that consultation, because that would negate the meaning of the word. Consultation is no less a relationship than other relationships, and both sides must have a real involvement in it. The Secretary of State has not given us any flavour of the nature of his involvement, nor has he allowed the tenants, and those with whom he seeks to consult, much control over their involvement. I ask the Government to reconsider. I do not believe that this matter is less important than the financial arrangements in previous Bills about which the Minister talked. To some people their house is their main form of security. It is the main way in which they can believe that they have a place in the world. It is important to them. To dismiss those important feelings in a cavalier way is not worthy of the Government. I ask the Secretary of State to have another look at the amendments, which are only minor. They could have gone much further, but they should at least ensure that tenants feel that their wishes, aspirations and concerns are listened to. Whatever the Secretary of State may say, I have heard from tenants' groups and housing associations throughout the country who simply do not believe that what they think matters an iota to the Government. If there is to be consultation, people must believe that it will mean something. What the Government are saying enables us to give housing associations, local councils and tenants little reassurance that the Government are serious about taking their views into consideration. What will the Government do to ensure that the groups with whom they intend to work will trust them? The evidence to date is that they would be very silly to do so. However we may feel about how local housing ought to be managed, we know that the Government will not agree. But people will have to continue living in those houses, getting on with their neighbours and developing relationships with their landlords, whoever they may be. They deserve no less than that the Government take them seriously, listen to them and develop a system in which they and we can have confidence. I hope that the Government will begin to listen.Both amendments are important. Although I personally wish that the housing action trust proposal were not included at all, I feel that the least that we can do is support the amendments, which at least guarantee some form of consulation and some real say for those who will be affected.
The Secretary of State's peculiar intervention, apparently prompted by a visit by the Prime Minister to make him get up and say something, demonstrated enormous contempt not just for the House but for council tenants up and down the country. The right hon. Gentleman has announced that he will liberate them from the difficulties in which they find themselves. This is the same Secretary of State, in the same Government, who over the past nine years has taken millions of pounds away from local government, penalised authorities that have attempted to improve council estates, threatened them with surcharges when they have spent money on those estates and disfranchised Liverpool and Lambeth councillors for doing precisely what he claims to want to do himself, such as, namely, improve conditions on estates. It is arrogance and contempt of the first order for him to announce that he is to let loose the property boom in the south-east on a number of estates that he has encouraged local authorities to allow to run down. Council estates are often badly designed because of a cost yardstick imposed by the Department of the very same Secretary of State, which encourages over-dense estates, with a lack of open space, gardens, play facilities, nurseries, creche and shopping facilities and community halls. The Department then has the arrogance to blame local authorities for the estates being badly designed. I do not entirely exempt all local authorities, architects, planners and councillors for the problems on council estates. I well understand those problems, having been a councillor for many years in the borough of Haringey. But I know perfectly well that our biggest problem with building estates were the arguments with the Department of the Environment about the amount that it would allow us to borrow to build them. The arrogance with which the Government treat those who try to solve the problems is quite breathtaking. The Government are not proposing to consult tenants about how the estates can be improved. If they wanted to do that they would follow the advice of my hon. Friend the Member for Durham, North-West (Ms. Armstrong) about proper consultation. If they were serious they would ensure that the tenants had a real and genuine voice in how the estates would be run. Instead, there is a proposal from the Secretary of State, who sits in the splendour of his office in Marsham street, which I understand he visits occasionally between his long holidays and his visits to his country home in his constituency of Cirencester and Tewkesbury.
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My hon. Friend should not mention that.
I beg my hon. Friend's pardon. I understand that the Secretary of State has several country homes, so he must find it even more difficult to get to his office.
The Secretary of State will decide where the housing action trusts will be set up and what function they will have. Once they have been established, what will they do? What information will be given to tenants already on the housing estates about the work of these quangos? I am sure that the House would be more than happy for the Secretary of State to speak again if he has more information to give us on these points. Will he tell us who will serve on the HATs? The rumours going round at the moment are that all the estates earmarked for HATs happen to he in areas where there is a Labour majority on the local authority and where there is unlikely ever to be anything other than a Labour majority on the authority. We see that as an attempt to remove people's rights to elect a local authority that can do something for them.The Minister said that it was likely that the areas where HATs would be declared would be known before the Second Reading of the Bill, but we had not heard where they were to be by the time the Bill entered Committee. The Minister then told us that there would be six HATs initially, but he would not say which areas the Government and the Department of the Environment were considering. He then implied—he did not promise and I do not want to put words into his mouth—that we would know which areas were under consideration before the Bill left this place. I wonder whether the Secretary of State will tell the House, the country and the tenants affected exactly where the Government are looking and where the HATs will be. The Secretary of State pretends to believe in consultation. Will he have the courtesy to give us that information?
Earlier valiant efforts were made by my hon. Friends the Members for Manchester, Withington (Mr. Bradley) and for Newham, North-West (Mr. Banks) to entice that information from the Minister. We understand that the Department of the Environment is spending money, but is failing to consult tenants in Manchester on the possibility of a Hulme estate becoming a housing action trust. That is like a colonial governor arriving at an estate telling the tenants that they may have a new landlord soon, although he is not sure who, how he will behave or what he will do. With all the arrogance of a colonial governor, the DOE is duly consulting those tenants and telling them what is happening. The Secretary of State failed to answer our questions earlier, and presumably he will fail to answer them now. That is not good enough.
We are entitled to know who and what kind of person is likely to be appointed to a HAT and what salary that person is likely to receive. The Government are perpetrating a growing trend of demonstrating their contempt for local democracy by setting up urban development corporations or, in the case of London, the LDDC, by paying a property speculator a salary that most people could only dream of if they won the pools twice over, to destroy the power of elected local government and so bring a property bonanza into that area. Are we to see Tory party entrepreneurs promoted to chairs of local HATs to take over estates, to dispose of such property as they think fit, doubtless with the permanent and ongoing agreement of the Secretary of State?My hon. Friend referred to urban development corporations. I understand that the profits will go back to the Treasury. We have experience of this both with development corporations looking after housing assets in new towns and with the disposal of industrial assets, where moneys have gone back to the Treasury. None of that money has been directed towards dealing with housing defects in the new towns, nor was the Treasury prepared to release funds for extra finance to further industrial development through the provision of extra factory units. Does my hon. Friend agree that that is a disgrace and that once again the Treasury—Mr. Money Bags—will gain at the expense of tenants?
I agree with my hon. Friend, who is right to point to what is in effect a new form of double taxation. It is a remarkable invention of the Tory Government. A local authority retains the debt charges on the transferred estates, which are paid to the City—and they are considerable, running into millions of pounds—the housing action trust is established with a right to dispose of and sell such assets as it sees fit, and once it has subtracted the considerable salaries of the HAT members money will be transferred back to the Government. Local people, from a declining rate base, because of the abolition of domestic rates and the imposition of the poll tax, and on a declining income base, are expected to pay the debt charges of an estate that they have built, which is handed over to a HAT, which can sell it on to a bunch of property speculators, who can winkle out poorer tenants to create a paradise for the upwardly mobile so beloved of the Tory party.
If anyone doubts that that process can happen, I advise him to visit council house blocks in Wandsworth, which were built by the London county council before the war In a determined effort to solve London's housing crisis. They have now become city homes for part-time dwellers who mess about on the stock exchange during the week. That is not what those houses were built for or what public money was spent for, yet that is what they are now used for. There is a direct correlation between that process of creating double housing for the wealthy and people sleeping in cardboard boxes under Charing Cross arid Waterloo stations every night. That is the sort of society that the Secretary of State loves to live in. He loves to drive in his chauffeur-driven car past those people sleeping on the streets because they cannot afford anywhere to live in his meritocratic Britain. That should be treated with contempt. To add to that arrogance, the Government do not even propose properly to consult people on the transfer of their area to a HAT. The Secretary of State will impose a HAT on an area, he will listen to the local authority view, proceed to ignore it, as in the case of Southwark, Tower Hamlets and Newham when the LDDC was established, and proceed wih the HAT. Despite the best efforts of the popular newspapers to deny people information about the Bill and the dangers of HATs, a whole new network of information has developed of people in tenants associations, housing organisations, and campaigns to inform other council estates of just how dangerous this legislation is for them. After Second Reading I wrote to every tenants association in my constituency explaining the Bill, what I considered to be the dangerous points of it, and offering to meet them to discuss it. Anyone who has been involved in work with tenants associations will know that normally a meeting is not a high point in life. Often only a small number attend, unless there is a particular problem on the estate. There have been massive meetings on every estate. They were not clamouring for an alternative landlord or for a property company to run their estate. They were asking what they could do to keep them out and prevent a HAT, what form of consultation was open to them and how they could influence the Secretary of State. I have to explain that we shall do everything that we can to demonstrate our total opposition to the imposition of HATs, but that the legislation is so established that a quango will be set up with the approval of the Secretary of State. My constituency has experience of such quangos and it has no public representatives in any elected position other than those from the Labour party. The Conservative party, however, has managed to contrive a sympathetic majority on the health authority by bringing in people from outside. That is the model that the Government will seek to copy if they are allowed to establish HATs. A local development company wants to undertake some work around Finsbury Park, to adapt the Rainbow theatre for other things and to develop a shopping and industrial complex nearby. When the company, CIL Ltd., put forward its proposals it decided that it would also like to take over the Six Acres and Harvist estates. They were to be used partly to provide car parking for those using the local shopping facilities. That company's plans represent a precursor of my idea of a HAT and who it intended to serve. It was interesting that there was a massive turnout of the residents of the estates at public meetings. They told the developer that they did not want him to run their estates. Although the residents had many complaints and problems with the local authority's management of the estates, they understood that when an elected local authority was running the estate they could get at councillors and at the local authority. They had some influence. Many of the residents had previously lived in private rented accommodation and they knew full well that once the management of an estate was transferred from a local authority to a trust and then on to a property company they would have no influence. They were determined to stay with the local authority, despite the contemptible way in which that authority has been treated by the Government, who have continually cut resources for housing repairs, improvements and developments. Three blocks are in the process of being rehabilitated on the Six Acres estate, but the Secretary of State has now refused to sanction the order to rehabilitate the fourth block. That has created an apartheid system because the residents of the three blocks will enjoy reasonable housing but that will be denied to the residents of the fourth block.Has my hon. Friend noticed that clause 68 provides for the Secretary of State to be able to dissolve a HAT if he feels that it is expedient to do so? In the unlikely event of a HAT proving responsive to tenants' wishes, no doubt the Government would dissolve it and transfer its functions to yet another quango that could be kept sufficiently tame.
My hon. Friend is correct. The same practice is adopted for health authorities, which are quangos, apart from the local authority representatives sitting on such authorities.
I remember when the health authority in Brent said that it was not prepared to close the Neasden hospital to please the Secretary of State. A great tussle took place and the members of that authority were thrown out of office, even though they had been appointed by the Secretary of State. The same practice will operate in relation to a HAT to ensure that, just in case, by some miracle, a quango from whatever source, decided to be responsive to the needs of local people and not sell off estates and make the place fit for the property companies to move in, the Secretary of State can remove that quango from office. That is the system of government that will be introduced by the Bill. Our amendments would at least ensure that local authorities were able to express a definitive point of view regarding the establishment of HATs. I cannot imagine any circumstances in which a local authority, unless it was mad, would support the establishment of a HAT, because it would be stuck with the debt charges for buildings that already exist and might lose particular estates. Although the Bill refers to housing action trusts playing a part in solving the problems of homelessness and overcrowding, unless I have missed something in it—hon. Members who served on the Standing Committee will correct me if I am wrong—the trusts would not have the same statutory responsibilities as local authorities to house people under the Housing (Homeless Persons) Act 1977. This is a generosity of spirit approach. I imagine that a housing action trust that gets an estate ready to sell off will not want to become too involved in bringing to the estate a lot of homeless families who want to buy the houses they are being put into. That represents yet another diminution of opportunities for the homeless. 10.15 am If this process goes on, before this Parliament is out the same Secretary of State will arrive at the Dispatch Box to propose the suspension or repeal of the Housing (Homeless Persons) Act. Many authorities are already in breach of their statutory undertakings because they do not have the homes into which to put people. Our amendments are basic and central to what we are trying to achieve which is to give tenants the right at least to have a say in what goes on in their own estates. I shall quote briefly from the Conservative manifesto on which the Tories fought the last election. It says that the Conservative Governmentand continues:"will give people greater choice and responsibility over their own lives",
What contemptible hogwash. The Tories say that in an election campaign, under the spurious cloak of freedom for those with money and enslavement for those without it, and propose now to direct that certain estates be taken away from local authorities and handed over to housing action trusts, and the one group of people who are to have no say in the matter are the tenants who live on the estates. That is the pass to which the Bill has brought us. The establishment of housing action trusts, the powers that they would have and the need for people to be consulted are important issues. The schedules to the Bill deal with the way in which the trusts will operate but are extremely vague about their constitutions, for example. They seem to give all the powers to the Secretary of State. The schedules are vague about remuneration, too. Will people on salaries of £50,000 a year, or more, take over big estates? The schedules also mention staff, but say nothing about the conditions in which they will work. If staff are taken over from local authorities by housing action trusts, will they be employed on local authority conditions? I am sponsored by the National Union of Public Employees, which includes a large number of members who work on housing estates—cleaners, caretakers, porters, lift repairers and all the maintenance workers that are necessary on estates. Are we to assume that behind the Bill lies an attempt to privatise many of the estates' services, to remove local authority conditions and the rights of trade unions to negotiate conditions for their members, and to replace them by new sorts of negotiations or imposed working practices? This is a Trojan horse that will destroy the living conditions of a large number of local authority staff who are already low-paid"Our goal is a capital owning democracy of people and families who exercise power over their own lives … They would take the important decisions as tenants … rather than having them taken for them … People want to decide such things for themselves …This Government has made it easier for people to decide such things for themselves."
I ask my hon. Friend not to read too much into what appears on the face of the Bill. I remind him of the publication by the Government on Thursday morning of the proposals for the selling of council property, albeit in the first instance with the tacit support of the local authority. In the context of that White Paper, there is a clear indication that it would be ultra vires for the local authority and whoever buys the property to make arrangements for the transfer of the staff or for the contracts to be continued by staff of the local authority. That is even worse than what is on the face of the Bill. There is a taking away of any right to continue the work or even to tender for the work.
I am grateful to my hon. Friend for drawing attention to that. I was much involved in the transfer of former GLC housing estates to London boroughs. I was a negotiator on behalf of my union, and at that time there was never any suggestion, even from the Tory-controlled GLC, that there would be anything other than continuity of employment and recognition of past employment practices and of the contract of employment and all the working conditions that went with it. Those rights would be protected for individual employees who went to their new employer. There was no question about that.
Then we had the abolition of the GLC and the transfer of staff. For the most part, the paving Bill and the legislation and negotiations that followed recognised continuity of employment and the protection of the employment practices that people had enjoyed while working for the GLC. Under the Bill an estate could be taken away from a local authority, and apparently the staff on that estate will be given no protection whatever. Once they lose their continuity of employment, they lose the right to go to an industrial tribunal. That is important if people are being winkled out of their jobs by the new housing action trusts to make way for a private maintenance company to come in and run the estate. These are serious matters, but not one word is said about consulting the staff who work on the estates. Tenants will at least get an inkling, but the people who work on the estates are not even mentioned in this matter of the transfer. The Bill is vague on the question of meetings and procedures. It merely says:Apparently the trusts can do as they like. The Bill also says:"The quorum of the trust and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the trust may determine."
Presumably that is a protection against the Secretary of State, who is the most notorious law-breaker in the Government. It does not say anything about the applicability of the Public Bodies Admission to Meetings Act 1960, which would guarantee that the proceedings were held in public. From my reading of this, for all we know the meetings could be held in secret, and proceedings might not be published or made available to tenants who live on an estate that the housing trust has taken over. There is much more that is dangerous and bad about this proposal and the lack of consultation that goes with it. If we allow the Bill to go through without making at least this small amendment, which would give tenants a real say about the transfer of their estate, we will allow legal robbery to take place. The trust will be able to take an estate away from a local authority, from the people who built and paid for it. Such estates were paid for, not by the Government, but by local authorities, which borrowed the money with the agreement of the Government. That estate will be given to the housing action trust, which will repatriate the profits to the Secretary of State, and the local authority will be stuck with the historic debt charges for the estate. That is the opposite of choice arid consultation and the opposite of democracy. I hope that the House will support the amendments."The validity of any proceedings of the trust shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members."
The Secretary of State is to be invested with massive powers under part III of the Bill. Clause 56 paves the way for those powers. This is consistent with the policy that the Government, and particularly the Secretary of State, are adopting in legislation such as this Bill and the poll tax measures. They give massive authority to the Secretary of State. When I described the Secretary of State in that context as a municipal Mussolini, he thought that it was a term of endearment and did not understand the criticism.
I feel that the powers that are to be exercised over council housing estates and the pushing of them into housing action trusts is a disgrace when the history, achievement and democratic arrangements that surround the operation of council housing are taken into account. Without the agreement of their elected representatives, or tenants taking part in a ballot, the council housing estates are to be moved into housing action trusts. The hon. Member for Southwark and Bermondsey (Mr. Hughes) drew an analogy between the provisions and the practices of Reader's Digest in consulting people on whether they wish to become readers of that magazine. That analogy was apt, in that sometimes when one has with Reader's Digestand one sends the "No" answer back, one still receives the magazine. In this case, the housing action trusts will still be thrown upon residents. A minimum form of consultation is required in clause 56 before a designation order can be issued by the Secretary of State. However, subsection (3), which amendment No. 308 rightly seeks to delete, allows consultation to take place prior to the Bill becoming an Act. That displays the arrogance of the Secretary of State and the Government, in that retrospective legislation is plainly intended. In fact, the provisions are worse than those that would be found in retrospective legislation, because they deal with matters affecting the present and then operate them only in the future. That assumes that the measure before us will be accepted in total. However, it is possible that legislation dealt with within a parliamentary system will be adjusted, amended or rejected. If that occurred, what would happen under this measure is that the current situation would be affected by legislation, or pieces of legislation, that will never come to fruition. That is not quite the same as retrospective legislation, but is an interference with the current situation by threatening something that will come along in the future. That is not the rule of law under democratic processes, but is something that might better be described as the "rule of Ridley". Amendment No. 87 seeks a veto for the majority of tenants in an area where they do not want a housing action trust. That is the least that could be expected. Council housing should be given the proper perspective when we consider this measure. At the time of the first world war working-class people lived entirely in private, rented accommodation—in insanitary hovels. It was because of the desire for housing that the Labour party got off the ground. It was not just because of trade union involvement. There was community involvement to gain decent and improved conditions for many people. In areas such as Glasgow, the Labour party involved itself in rent strikes in 1916, and the one great success of the 1924 minority Labour Government was the Wheatly Housing Act, which enabled municipal authorities, which were increasingly moving towards Labour—for example, the Sheffield municipal authority—to embark upon council housing provision with the full support of working people, because it was to their benefit and they involved themselves in achieving an improved community. In fact, the gradual pull out of the depression in the 1930s was associated with improvements in housing—and nowhere was that improvement greater than in council house development. 10.30 am Under the 1945 Labour Government, the insistence on public provision of decent housing within the local government sector was a key element in maintaining standards and the gradual development towards improving provision in society. Labour district councils have a proud housing record, even though they have been hamstrung by excessive interest rates for building council housing, so that money has to be borrowed over 60 years, and by the cuts imposed by the Government. There have also been periodic attacks on council housing through anti-social legislation such as this Bill and the Housing Finance Act 1972. That Act was courageously fought by many people in my constituency, which I am proud to represent. It was also fought by the Clay Cross councillors, supported by their population, by 3,000 tenants in the Chesterfield rural district area and by 25 per cent. of tenants in what was then the urban district of Dronfield. The Bill seeks to crack that heritage. It is part of a fight against the Labour party in local government.My hon. Friend is well known in my constituency—indeed, he was born there. Will he comment on the plight of the Peterlee council home purchasers association? People bought council properties in good faith, which subsequently were found to be defective. Those people are now being denied funding from financial institutions to renovate their properties and they are finding it difficult to sell them because the same financial institution will not provide mortgage facilities.
The Minister does not want to know. I wonder whether there is any provision within HATs to give some succour to those who, in good faith, entered into—Order. I think that the hon. Gentleman is referring to the Housing Defects Act 1984, which has nothing to do with the legislation before us.
The HATs appear to be directed towards properties that can maximise profit. I want to know how the HATs will deal with home purchasers in their areas. Will it be flesh for one and fish for another?
My hon. Friend has made a fruitful contribution and I hope that the Secretary of State will respond to it. I was especially pleased to give way to my hon. Friend because many of my relatives are his constituents and I know that there is great resentment in his constituency towards this legislation.
The idea lying behind much of the Government's local government legislation—such as the poll tax, the various cuts, the grant and rate capping, the proposed poll tax capping and this Bill—is a political attempt to smash Labour's base. It is a similar tactic to that used in the Ridley plan to take on the trade unions. It is an abuse of parliamentary procedures by a Government who are deliberately changing legislation in an attempt to hammer one element of the political nation for their own political advantage. They do not pursue their views, values and interests and try to capture the support of the people and hit the Opposition in that secondary manner. Instead, they are directly developing plans to perpetuate themselves in office and undermine a significant element of the political nation. The idea of going forward in that way will seriously misfire, because the Government will push housing back to the pre-1914 situation that I have described, with all its hideous effects. As a result, working people will need Socialist-type housing, and that can be provided only by the Labour party. Instead of housing action trusts, we need more local authority housing, cuts in local authority interest rate burdens, restored rate support grants and tenants co-operatives and housing associations set on a decent footing, not as provided for in the Bill. I am reluctant to mention council housing problems in north-east Derbyshire in case the Secretary of State decides to stick one of his HATs on the area out of pique, against the point that we are making, but there are many problems. There is a good district council in north-east Derbyshire. It is not an extravagant council, and it looks after the population well and links in well with it. However, it still faces difficulties, one of which is the need for a massive central heating programme. Some properties have had Parkray fires installed as the first stage of a central heating programme, but the money has not been available later to extend the programme. A nonsensical situation then develops in the winter, with Parkray fires and no central heating. People have to stoke up their fires, open the glass doors and huddle round the fire to keep warm. The water then boils up to such an extent that it has to be run off through the tap rather than going round the central heating system that should have been provided, yet what do we get? We get legislation to introduce water meters and privatisation of the water industry. Mayhem develops and there are cuts and great pressures in those areas, to such an extent that the nonsensical provisions in this measure begin to have a superficial attraction. However, they will not have that superficial attraction in an area such as north-east Derbyshire, where people are aware of the problems that the council faces and see the council as being associated with their interests and the local councillors as being close to the problems. I hope that the Secretary of State will decide to remove HATs from this measure, give the councils the funds and authority to carry out their duties and help provide secure warm homes for our people at prices that they can afford. I doubt whether that situation will come about, so I can only ask hon. Members to support the amendment.These amendments deal particularly with the question of consultation. Two Labour Members have quoted from the Conservative party manifesto for the last general election. That brought groans from the three members of the Government who were in the Chamber at that time. However, it is crucial to this part of the Bill, and we are referring to it because it demonstrates the illusion that the Government are attempting to perpetrate on the British people by trying to persuade them that they are being given a choice and are being consulted, when they are not.
In the announcements that the Government made in the run-up to the introduction of the Bill they talked about tenants being alienated from the landlords, and about accommodation and resource problems. Their solution to all those problems was to give the tenant, whether private, council or housing association, the right to choose and the right to have responsibility. In a speech in Bristol the Minister for Housing and Planning made several assertions that go directly to the heart of these amendments. He said:I hate to disabuse the Minister, but we have a long housing history, through the Addison Acts, the Wheatley Acts and through the work of the Ministry of Reconstruction, which looked at exactly those questions. Indeed, local authorities have a long history of examining the way in which they run their council housing stock. We have never said that everything in the local authorities is hunky-dory. We know that it is not and that there are severe problems with design, location and, at times, the management of the housing stock. Local authorities are attempting to change their management and design practices to overcome those problems. One way of overcoming the problems is through the key idea of consultation, partnership and involvement. To be consulted, one needs to have information to be able to make judgments about whether one wants to be in a housing action trust. Much earlier this morning the Minister of State said that the consultation would be split into two areas. The first would be consultation with the local authorities and the tenants involved on whether the housing action trust would be set up. The Minister gave three phases. First, a prospective area would be declared unilaterally by him. Secondly, there would be consultation which, according to the example that he gave, would be in the form of a "Dear Occupier" letter. The Minister did not tell us whether that letter would have a tear-off slip, or whether the tenants would be asked to respond on what they thought about the housing action trust—just that the tenants would be informed and that there would be a draft letter. [Interruption.]I am prompted to say that the Minister did not tell us the number of languages in which the letter might be written to help to ensure that people understand what their rights are if their mother tongue is not English. That point would deal with specific queries that were raised last night about ways of dealing with the Race Relations Act 1976. Then the Secretary of State will decide. In response to some of the points raised by Opposition Members, the Minister said that the consultation about the ways in which the housing action trusts would function would involve their aims and the ways in which they would negotiate with their tenants once they were running. He said that those questions would be for the housing action trust to decide and consult on after it had been set up. Clearly, before tenants decide whether they want to be in a housing action trust, they need to know exactly what it will do. 10.45 am The Opposition have referred a great deal to consultation. I looked up the definition in the dictionary, as the hon. Member for Southwark and Bermondsey (Mr. Hughes) had assured us that even the Secretary of State could not rewrite definitions. "Consult" means:"Until recently, no-one seems to have stopped to ask: houses owned by whom? Built where? According to what ideas about how people like to live?"
and, most important —"ask, question, interrogate, canvass, confer, discuss, deliberate, refer to, turn to, seek advice from. consider, regard, respect"—
The three-point explanation from the Secretary of State did not deal with that definition. It appears that the Government's definition of consultation is, "Your choice is what we tell you. Your responsibility is what we as a Government decide is best for you." The Minister for Housing and Planning has made great play in many speeches—including the speech in Bristol and his comments in Committee—of the idea that there had been cataclysmic mistakes in housing and planning policy throughout this century and that the Department of the Environment and local authorities should take their share of the responsibility, so we are to have housing action trusts as the experiment. The legislation learns nothing from the errors of expenditure and of excluding tenants from actively participating in the management, design and maintenance of their homes. It does exactly what the Minister claims this "great piece" of legislation will not do—it dictates another formula to be followed through in housing. This is to be done in secrecy and with the minimum of publicity. I remember, although I do not know why, a prominent member of the Government who made her maiden speech on 5 February 1960, the subject being the access of tenants and members of the public to information, publicity and council meetings. I am sure that every hon. Member endorses the practice of giving the public access. I shall not read the speech to the House, although I am sure that the right hon. Lady would be flattered if I did. The main points of the speech were that people needed information to make decisions. To exercise choice and responsibility, people needed information. To control those who made decisions on their behalf, they needed information and to be consulted and to participate. The right hon. Lady concluded her maiden speech with a sentence with which I entirely agree:"take into account."
That was the concluding sentence of the Prime Minister's maiden speech. One aspect of civil liberties is the right of people to say what will happen to their homes, especially when they are being conned by the Government into believing that they have a choice and will be able to exercise responsibility, when they will not be able to do so."the paramount function of this distinguished House is to safeguard civil liberties rather than to think that administrative convenience should take first place in law." —[Official Report, 5 February 1960; Vol. 616, c. 1357.]
An excellent survey undertaken by Manchester's housing research section revealed that 93 per cent. of council tenants in a HAT area expressed a preference to remain with the council rather than be transferred to a HAT. Eighty-nine per cent. of those responding thought that HATs were a bad idea and wished to remain as local authority tenants, come what may.
I have seen that survey and am pleased with its findings. It confirms what was said earlier by the Secretary of State when he mentioned a survey into the choice that tenants would make. The Secretary of State said that 21 per cent. of tenants would choose some form of social landlord. Presumably the term "social landlord" itself was not used, but interviewees would have named building societies, and so on. The Secretary of State said also that 21 per cent. of those interviewed required more information. He did not say what information that was. Presumably he did not know because he had not asked.
However, that leaves 52 per cent. of interviewees. The Secretary of State did not provide the House with any further figures, so presumably those 52 per cent. are the people who would vote against the transfer. That shows that the Government have no intention of learning from their mistakes, of making any adjustments, or of implementing an open government system as they claim they wish to do. What the Government are about is asset-stripping local authority housing stocks through the creation of housing action trusts and passing on as much of the burden as possible to —On a point of order, Madam Deputy Speaker. Is it customary for Government Members, including the Minister, to take no notice whatsoever of an hon. Member's speech, but to conduct a conversation with much hilarity?
Common courtesy should be extended to whomsoever is addressing the House at the time.
Thank you, Madam Deputy Speaker. I can only assume that Government Members are experiencing extreme alienation.
Further to that point of order, Madam Deputy Speaker. Is it in order for both the Under-Secretary of State and the Secretary of State to carry on behaving oafishly, as they have done for most of the morning, when an hon. Lady is addressing the House on this very important Bill?
It is a matter of common courtesy that hon. Members should have the tolerance to listen to all views, whether they be popular or unpopular, and irrespective of the speaker's sex.
Thank you again, Madam Deputy Speaker. I certainly agree with your sentiments. Such a courtesy should be extended to any hon. Member, and not just on the basis of sex. Perhaps that behaviour indicates what a very long night some hon. Members have had—including you, Madam Deputy Speaker—whereas other hon. Members have arrived fresh, having not participated, simply to cause problems in the debate. I refer, of course, to Government Members.
Under the guise of bestowing rights, and by trying to persuade tenants that they would be better off, the Government are establishing a formula for asset-stripping local authority housing and potentially putting at risk the remaining tenants, who could be faced with rent increases because of the unsatisfactory relationship between the methods of payment for those houses. I shall not discuss that now, because other amendments deal with the subject. Ministers do not understand the definition of consultation. They are prepared to mislead and deceive the electorate with their "newspeak", saying that householders will have choices, whereas they will not. They claim to be introducing radical legislation that has learnt from all the mistakes of the past, but it has not. They make speeches without understanding properly the history of housing in this century. Within about five or six hours, albeit in the early hours of this morning, the Secretary of State and the Minister for Housing and Planning gave conflicting answers to the House. One minute the Government were trying to imply that tenants would not be forced against their will into housing action trusts, and the next minute they were saying, "But we hope that we can get agreement." There was no mention of whether the local authority should agree with it, or of the workers in that authority. There was no mention of proper democratic rights so that, at the end of the process, people would be able to control and participate in the management of their homes. The only way in which this sham can be partly improved—unfortunately, it cannot be defeated completely—is to accept the Opposition amendments. If they are not accepted, it will be clear that the Government are trying to experiment with people's homes and their security, misleading them as to their rights and to what they may have in the future, simply to prove an unaccountable doctrinal point. We do not want the Government to perform such experiments on the British people. I hope that this group of amendments will be accepted and that we shall make the subsequent amendments to the housing action trusts to ensure that they are not a con or a form of asset-stripping. Most important, we must ensure that housing action trusts do not steal the money and assets that working people have invested in their council houses and give them to individuals for private profit.In Committee I dealt with this issue at length and discussed the principle behind the Government's concept of freedom and housing action trusts and how that tied up with urban development councils and what happened in previous legislation.
When discussing amendment No. 87, we should start with the White Paper published at 9 o'clock last Thursday morning entitled "Large Scale Voluntary Transfers of Local Authority Housing to Private Bodies." Paragraph 8 deals with protecting the interests of existing tenants and consultation with tenants. This is the commitment given by the Secretary of State:Less than a week ago, at the beginning of the Report stage, the Government—without consultation, except with local authorities—issued a document about the large-scale transfer of local authority housing to bodies other than housing action trusts. They have given a commitment identical to that demanded by my hon. Friends for the past four hours in respect of HATs. 11 am If the Government are not yet again to be faced with a complete dichotomy of view, we must depend on the measures that they decide to take to divest local authorities of housing stock. Local authority tenants may be consulted, and there may be a ballot to prevent them from being transferred to landlords not of their choice. Unfortunately, HAT tenants will he transferred without any real consultation or any consideration being given to their rights and wishes. The north-west has seen the abolition of Greater Manchester and Merseyside metropolitan authorities. There is a link between what is happening in the metropolitan districts and the imposition of UDCs. Without any major abolition Bills being brought before the House, the Government are slowly but surely abolishing local government from large parts of the north-west, Tyne and Wear and other metropolitan areas. Without having presented the electorate at the general election with another proposal to abolish metropolitan district councils, the Government are now using such measures as UDCs and HATs to denude the local electorate—and through the electorate the elected members of local authorities—of many local government services currently provided through democratic accountability. The Government fail to understand what is happening in local authorities. HATs are not unique. The Government are prepared in other circumstances to abolish the role of local government in the provision of services. What they do not say is that there are other means of providing far more democratic accountability. Let me tell the Minister how tenants' consultations are dealt with in my local authority and relate that to what is happening in a London authority, with the Government's assistance. I should also like to discuss what is happening, in my constituency and others, to mining communities, with the connivance of the Government and British Coal. I do not argue that everything is rosy in Wigan metropolitan borough council, that a mistake has never been made in its housing policies or that it does not wish to amend parts of its housing policy. But the borough has a sophisticated means of genuine consultation with residents and tenants, involving day-to-day housing management, the repairs programme, the allocation of resources in the community, the environmental strategies and the delivery of support services on priority estates and in designated housing action areas. That applies not just to council housing but to the concept of consultation with residents outwith the council housing stock. The arguments about HATs are not just about transferring local authority assets to the trust. In some larger trusts, houses in the private sector may also be included within the trust's boundaries. It is important to argue for the right of all tenants in the community, not just council tenants, to have a say in the development of support services for housing. Wigan metropolitan borough council has designated 17 areas of major social and environmental deprivation on council housing estates. In addition, we have a rolling programme of housing action areas in our mining villages and townships where, because of its decay, the private sector has failed to pick up and improve the environment and housing conditions. The local authority has a long-term investment policy for upgrading, through housing action areas and the grant system, to improve the whole aspect of housing in the private sector. That involvement has been achieved with the consent of the residents. I want to highlight the nature of that consultation and show how we developed an idea about a policy change through to the inception of the policy and how that policy is carried out with the consent and involvement of residents. In identifying the housing needs of the community—in this instance local authority estates —the first action is taken at a meeting of local authority tenants' representatives, local authority officers in the main departments involved and the local elected councillors to establish the priorities for that estate. Following the establishment of the principles of the priorities for the estate, an initiative group is made up of elected members and representatives of the local authority departments, tenants' organisations and outside agencies such as the Health Service, community nursing, the police and other community groups, including the probation service. It is the job of that initiative group to agree a programme of consultation, and a time scale for that consultation, with the residents on the estate. It must produce a draft report to highlight the issues that must be considered with the residents. It must decide what is to be achieved at the end of the consultation and the basic priority report to be presented to the next session of the residents' meetings. Following the work of the initiative group, a preparatory report is prepared for tenants' and residents' meetings. Those meetings are held on the estate or in a designated housing action area. The housing action area on the estate is broken down into zones so that consultation may take place in a meaningful sense with groups of residents in a block of flats or a street of flats, and there are no huge meetings involving 200 or 300 people. Instead, people are consulted individually. The appointment of the chair of the consultation meetings is independent of the local authority, and the decisions of the meeting form the basis of the provisional reports submitted to the local authority. The provisional report will also include provisional plans drawn up by the residents in consultation with the community and landscape architects employed by the local authority. All the proposals put forward by the residents at the consultation meetings are included in the report submitted by the tenants for the consideration of elected members. The report includes initiatives for the use of land resources on the estate, the use of open spaces for leisure or play facilities, the bringing of derelict land into community use, the fabric of the buildings and the refurbishment of buildings inside and out and the delivery and quality of services provided by the housing department and all other support services working on or around the estate or in the designated housing action area. Once that preparatory plan has been approved, further tenants' and residents' consultation meetings take place to enable them to give a final view of the provisional report and plans. The local authority then holds a formal meeting with tenants in the residents' association, following which every resident receives a provisional newsletter and an individual letter seeking final views on the proposals to be put to the local authority, the Department of the Environment, the Manpower Services Commission or any other funding agency involved in the refurbishment programme. That is a detail summation of the way in which Wigan metropolitan borough council deals with its residents and tenants, whether in a local authority housing estate or in the private sector of a designated housing action area. Once the report and scheme have been approved and submitted for financial resources, provisional starting dates are agreed between the residents and the local authority. Dates for reporting back on the progress of the scheme are also approved. During the scheme a further report is approved for the continuation of consultation with residents about the delivery of services after the completion of any refurbishment scheme. That is vital. Consultations are not just about the scheme during the scheme, but are part and parcel of the delivery of services after the refurbishment programme. Throughout the whole programme a genuine close working relationship grows up between the local authority, its agencies and services with the residents in the community. It is essential that when the Minister replies to the debate he gives a clear sign whether his Department believes that the type of consultation procedures that Wigan operates is the type that he wishes to see operated by the HATs. I do not say that flippantly. The Department of the Environment is greatly interested in Wigan metropolitan borough council. It has already used two of our estates for training programmes for officers of its Department and for officers of other local authorities. The authority has participated in the production of a Department of the Environment video on consultation procedures and good working practices by local authorities with residents, both in council housing estates and in designated housing action areas. Therefore, the Minister cannot say that he is ignorant of what is going on. The DOE approached the authority of its own volition, asking to study its best practices in order to enlighten Department officers and local authorities about the work done there. What are the positive results of involving tenants and residents in that process? My constituency probably has the greatest difficulties in the type, age and availability of its housing stock. We have seen a transformation of the private sector over the past six years. In villages such as Spring View we have seen a resurgence of the community and almost 90 per cent. take-up through the housing action area, an elected local representatives' committee with equal representation elected by residents and the local authority, an uptake of grants, environmental improvements, the establishment of a community centre and other developments, and the reintroduction of retail outlets, such as small village shops, doctors and other services. In the past year we have seen on the housing estates of Miller's Lane and, in the Wigan constituency, Norley Hall a transformation in the delivery of services and the involvement of tenants and residents. We have seen the growth of strong, vibrant local residents' and tenants' associations working with the local authority. Even now on the Norley Hall estate we have almost reached the stage where tenants are sitting down annually to work out the budget for the estate and to determine housing and services that are crucial to the development and improvement of the estate's environment. Those are positive results. A true sense of democracy has been introduced. The residents not only have a say in the development of the services and the refurbishment of their estates, but, in the long run, are involved in the day-to-day running of it and the delivery of such services. 11.15 am As a result of such developments, the community is reinvigorated. People feel part of it and want to live on the estates. There is a dramatic fall in the number of lets on council house estates, as well as a dramatic fall in the number of vacant properties in the private sector. Such advances have been achieved by local authorities, and we must extend them to other local authorities and allow Wigan borough council to extend such achievements to other parts of the borough. The diminution of the resources available for the housing investment programme is not the answer. The HIP allocations to local authorities should be expanded and the Government should adopt a positive approach, give priority to the estate programme developments and encourage positive action by local authorities in conjunction with tenant and resident associations. In Committee I discussed these matters with the Under-Secretary of State for the Environment. I am afraid that, once again, the hon. Lady has absented herself from the Chamber. I do not know whether the hon. Lady has gone back to Finland or whether her absence is a temporary one. Unfortunately, on every occasion when I seek to grapple with the hon. Lady—if I may use such a word—she seems to disappear. I am aware that in the past three months her fellow Under-Secretary of State for the Environment has been following this debate. I know that he has already met representatives from Wigan borough council and that he intends to visit the area in the summer. I am sure that he is clued up about Wigan and will be able to answer my questions. In Committee I discussed the problems of sham consultations in respect of HATs. I had got into some difficulty with the Chairman about that. I said:"Under Section 6 of the Housing and Planning Act 1986, existing secure tenants of the local authority must he consulted before consent is given; and the disposal must not go ahead if a majority of the tenants affected oppose it. This Section does not apply to disposals to registered housing associations (although the current Housing Bill will change this) but the Secretary of State will normally expect the same rules to be followed even in these cases. The Dept of the Environment and the Welsh Office have issued a circular (6/88) which explains how Section 6 procedures should be operated."
Such action would be essential to ensure consultation and the breadth of services provided by HATs. In Committee it became clear that the Minister could introduce at a later stage—perhaps not with the six initial HATs—HATs that not only crossed metropolitan and other council boundaries but could be set up within the boroughs so that part of the housing stock could be joined in a housing action trust with the housing stock of another part of the borough. What happens in a FIAT area where there is no current tenant or resident organisation? If the Government are to introduce common sense to their consultation proposals, it is essential that there is a fall-back position. In Wigan, where no current tenants organisation exists the authority, at the outset of the consultation procedure, has, as a matter of principle, assisted in establishing tenants and residents organisations. That ensures that there is a body independent of the authority which can represent the interests and views of the residents so that the consultation procedure is meaningful. In that way a body of opinion exists that represents the residents and if necessary it can negotiate and put across the views of those residents on proposals, not only about the property, but about the environment in which that property is situated. The Minister should add a little more flesh to the views expressed by the Secretary of State. As well as having examined what happens in Wigan and other local authorities, we should consider, as a forerunner of housing action trusts, the example of Thamesmead. The Government have said on various occasions that, although Thamesmead is not a housing action trust in the terms of the Bill, it is certainly one of the organisations that they would look to as a mirror image of what should happen in a well-run HAT. So it is important to try to outline what has happened so far in Thamesmead and to relate that to what will happen in HATS if there is no real consultation procedure and no meaningful involvement of the residents. They should have a genuine say in what happens on the estate and in the development of policies for the estate —in the management of the housing stock, the development of land resources and the refurbishment of the environment. The document "Thamesmead in Private Hands" says:"I was trying to outline the problems that may arise from sham consultations. Will the Minister consider one practical possibility? A housing action trust may cover more than one estate or area, either within a single borough or across two boroughs. After consultations, the residents of one estate may decide that they would like the HAT to have a neighbourhood office in their area, instead of centralised, bureaucratic control some distance away. If, at that stage in the consultation procedure, the HAT refused that request, would the Secretary of State take action to ensure that a neighbourhood office could be provided to work directly with the tenants or residents?"—[Official Report, Standing CommitteeG, 16 February 1988; c. 881.]
In January—February 1986, Clive Thornton, the chairman of the board of Thamesmead, promised in an article in a magazine called "Roof":"Thamesmead Town Limited just is not unpopular. The figures from the MORI poll conducted in 1988 show clearly that for the residents of Thamesmead as a whole, not even one fifth of them want their present landlord and show that it was the votes of the owner occupiers in the 1985 ballot who swung the vote against the local authority joint community trust option. The vast bulk of tenants would prefer some form of public ownership."
Four months after Thamesmead acquired the estate, it made 5,500 applications to the rent officer for the registration of fair rents. There was no consultation, referendum or regular communication. It was clear from the number of those applications that the action was planned by the company months in advance. So much for the promises of a continuing relationship with the residents and tenants, and so much for the myth of accountability. The Secretary of State seemed to hint earlier in the debate this morning that HATs could have associations of tenants and residents, but he was not prepared precisely to outline the nature of such bodies. At the back of his mind he may have been thinking about the arrangements in Thamesmead. In the article I referred to earlier, Mr. Thornton also said that he wanted "direct democracy" on Thamesmead. Exactly what that means can be seen from the way in which the operations of the nine community directors are restricted. None of them is an executive director. The company has all the real power, and it consists of Clive Thornton, the chairman, Phillip Glascoe, the chief executive, and a finance director, who is seconded from the National Westminster bank. The nine directors cannot be deselected or reselected for three years. They may not disclose any material relating to confidential items. Although board meetings are public, any item of interest to tenants, such as rents and repairs, is treated as confidential. The community directors may not disclose how they voted on any item, but must uphold the majority decision in public. In practice, that means that there is no way of knowing how or whether they represent their constituencies. The board has control over the election rules, and anyone who leaves it for any reason, such as resignation, cannot run again for election for three years. That prevents any kind of principled opposition being expressed through the ballot box. That is the type of community forum that will be placed on housing action trusts and on tenants. Through the local government election process tenants have a genuine say in the development and role of their estates and a say in who manages them and represents the tenants. The Bill is not just sham democracy; it is the taking away of democracy and can be likened to what happens in Chile and in other countries where referendums are conducted and then held up as some form of parliamentary democracy. It is a myth to call that accountability. It is in no way acceptable to local authority tenants who have enjoyed the privileges of electing councillors to provide the services. The Minister must address himself to the crisis in the coalfields in Nottingham and in Lancashire. At the behest of the Government there have been large-scale sales of British Coal property without consultation with the residents. That has left whole communities in a desperate plight. Given the Government's attitude towards housing action trusts, how do they see British Coal's action in terms of consultation? Communities have been disrupted to the point where hundreds of families are living in abject misery. They have no real contact with the new landlord and no say about the repairs policy or about what happens on the estates. Because of their policies towards British Coal the Government have allowed that situation to fester and there has been disinvestment by British Coal in its housing stock. The British coalfields require an answer to these problems. If what is happening there is indicative of the Government's attitude towards housing action trusts, no wonder tenants in my area are not only worried about the Government's proposals, but fear that they will take away their democratic rights of involvement in the community. They fear that they will lose their real say in what happens in the houses in which they live and in the environment in which the housing stock is placed. It is the development of front-line services that makes a community a living, breathing place for people and not an area for property speculators."I intend to ensure that there is a process of referenda and regular communication even covering such basic issues a s rent."
My constituents do not want to see implemented the policy of selling off their council estates. They want a choice between homes to rent at reasonable rent levels and homes to buy at reasonable prices. They want proper modernisation and security and an end to house price inflation, which is currently being imported into the Nottinghamshire area by speculators. That reduces the chances of local people becoming owner-occupiers. All that they are offered by the Bill, the Tory Government and the local Tory council is the new policy of bodge it and flog it. That is evident in several areas of Nottingham. No new council homes for rent have been built by the Conservative council and waiting lists have been lengthening.
On a point of order, madam Deputy Speaker. I have been listening carefully to the debate, and the hon. Gentleman's speech does not seem to relate to the amendment.
The hon. Member for Nottingham, North (Mr. Allen) has been on his feet for only 40 seconds. He should be allowed to develop his argument.
I can understand Conservative Members not appreciating my arguments, but if they care to listen they will find that the truth will out. The local council has also refused to build any new homes for the frail disabled and for the elderly. Houses are cruelly being sold, thus keeping hundreds of disabled people on the special priority waiting list.
The clause and the amendment refer to consultation. In Nottingham, teams of researchers, opinion pollsters, have been crawling round the council estates in Nottingham —in Bestwood, Strelley and elsewhere—asking people what would be the least offensive way for estates to be sold off from under their feet. That is taking place in advance of the passing of the Bill. It appears that the Department of the Environment can act in advance of Parliament. Last week the Tory council planned to sell a block of maisonettes, but that was exposed by the vigilance of local Labour councillors. It underlines what we said before the general election and last May's local council elections. The Conservatives have continually denied that parts of estates and, under the Bill, whole estates may be sold off. Bradford Court on the Crabtree estate in Bulwell, which is in my constituency, was due to be detopped—which means the removal of the top story of a double maisonette. That raised the condition of that part of the estate to such an extent that the local Tory council took the opportunity of flogging it off. Perhaps more will follow. That took place without the local tenants being notified and without even a letter being sent to say that it was being considered, let alone a proper consultation process, as is embodied in the amendments. It was stopped only because the local Conservative council was found out. It was so embarrassed that it withdrew the proposal at the last meeting of the housing committee. No doubt the proposal will return at the next housing committee if the council feels that the heat is off. 11.30 am The key question is whether the right to buy council estates as opposed to individual homes will have the same flaws as the individual right to buy. Many people did well out of the right to buy. However, hundreds of my constituents at Bilborough had the right-to-buy carrot dangled in front of them, but cannot now sell their homes. They bought a pig in a poke. No building society will lend on those properties—the BISF steel-framed properties—but the Government, despite representations from myself and my predecessor, have not designated them as defective. My constituents therefore do not qualify for grants to bring their homes up to a mortgageable state. The Tory council, Pontius-Pilate-like, has washed its hands of those people, many of whom are elderly and have quite happily spent between 10 and 30 years as tenants. I beg the Minister—that is not something that I do lightly to accept the moral responsibility of his party and the Government and make new grants available to assist those victims of the right-to-buy policy. I ask the Minister, even at this late stage, to withdraw the proposals to sell off our council estates, before ever larger numbers of tenants become victims of the short-term, short-sighted and short-changing approach to public housing in Nottingham and throughout the rest of the country.I rise to reply on this group of amendments, the first of which I moved at about 6.30 am. I confess that if we were a train we would be about 12 hours late. I was expecting to make this contribution about 12 hours ago. The reason why I did not do so is evident to everybody. Unexpectedly, certainly to Tory Members, the intensity of concern throughout the country has been reflected by my hon. Friends and by the variety of practical examples that they have brought to bear on a practical problem.
My hon. Friend the Member for Manchester, Withington (Mr. Bradley) said that the proto site in Manchester, which might become a housing action trust, was adjacent to an urban development corporation area. He reminded me that the possible site in Newham is also adjacent to an urban development corporation area. Clause 80 enables housing action trusts to get another authority to be an agent for them. That clearly shows a line of policy that the Minister may pursue when transferring housing action trusts to urban development corporations. My hon. Friend the Member for Nottingham, North (Mr. Allen) mentioned the lack of consultation where one might reasonably have expected it to have occurred. My hon. Friend the Member for Makerfield (Mr. McCartney) referred to Thamesmead and to the needs of the coalfield areas. My hon. Friends the Members for Durham, North-West (Ms. Armstrong), for Islington, North (Mr. Corbyn) and for Bristol, South (Ms. Primarolo) asked how there could be genuine consultation if the Minister continued to resist amendment No. 87.I should not like the House to go away with the false impression given by the hon. Member for Nottingham, North (Mr. Allen) that Nottingham does not consult its residents. I shall mention just two projects. One is in the hon. Gentleman's constituency, where the tenants were consulted and they decided that they wanted a block of flats to be pulled down. There has been some dispute about what should be put in its place, but the tenants wanted it pulled down.
In our local press the hon. Gentleman has complained about lack of consultation in my constituency. When my constituents were consulted they said that they wanted a block of flats pulled down, and they are coming down. The hon. Gentleman's complaint is a spurious campaign for consultation on something that has not yet even been decided.I suppose that I gave way to the hon. Gentleman as a stand-in for my hon. Friend the Member for Nottingham, North. I accept my hon. Friend's account of the matter. If the hon. Gentleman feels so strongly about consultation—
I do.
In that case, the hon. Gentleman should consider the merits of amendment No. 87. I see that he is now hurriedly looking at it. It is only by supporting the amendment that the hon. Gentleman can carry out the Conservative party manifesto, on which he was elected, to consult the people and to give them choice. Unless the House adopts the amendment, which would allow tenants in the proposed HATs to say whether they want them, there will be no fair and effective measure to discover whether they want them. The Secretary of State and the Tory manifesto say, "We will give people choice; we will give them freedom to decide," yet the Secretary of State is resisting an amendment that would provide the very machinery to achieve that. In view of the concern for consultation expressed by the hon. Member for Nottingham, South (Mr. Brandon-Bravo), I hope that the Secretary of State will not resist the amendment.
I am grateful to the hon. Gentleman for giving way a second time. An hour and a half ago I briefly summarised clause 56, and, because of the criticisms about lack of consultation, I shall now briefly summarise clause 59. If such a trust were asked for in Nottingham, the clause provides that
and"The trust shall consult every local housing authority or county council"
The clause also provides for those who live in the designated areas to be made aware of the opportunity to make representations about those proposals, and states:"shall take such steps as it considers appropriate to secure …adequate publicity."
I hope that the House will consider that to be a fair summation."the trust shall consider any such representations."
I regret having given way to the hon. Gentleman, because, as I understand it, clause 59 applies to what the trust will do after it has been set up. It is consultation only about what will happen after that. We want consulation before the order is laid. I fear that the hon. Gentleman rushed into speech a little too hastily because he has not understood the sequence of the Bill.
My hon. Friends were absolutely correct to say that all the Government's protestations about consultation have been shown to be what they called a sham unless, even at this late stage, they accept—although I do not think that they will—amendment No. 87 or give a commitment to introduce a similar amendment. If the Government do not do that, people in another place may do so, and they would be well justified. I commend that course to Conservative Members in the other place so that they can put their manifesto into effect. My hon. Friend the Member for Islington, North referred to the question of staff. One of the great problems in this exercise is to obtain sufficient professional people, and there will be delays. There are always complaints about delays in respect of the Government's proposals for selling off council houses. That is because the number of people buying and selling houses in this enterprise opportunity state has increased enormously. One cannot suddenly pull a lever and change the direction of housing policy literally overnight through legislation and expect that the skills in the communities will operate automatically. It does not work like that. Is it intended to lure staff from housing authorities and from housing associations? Only a limited number of people know about housing management. We all know that it is a difficult task, particularly on the legal side, involving transfers and conveyancing. Solicitors will have a wonderful time. There will, therefore, be considerable difficulties on the staff side. I wish to deal now with the central points contained in the questions that I put to the Secretary of State in my opening speech. That speech was lengthy, but I think that even he would acknowledge that the matters raised were important, and I was grateful for the way in which he attempted to reply to them. We are facing enormous change. There is the possibility of huge areas of council housing being disposed of to other management without even the tenants' choice being taken into account. In those cases involving individual applications to buy there will be a statutory consultation procedure, which we shall deal with later, but this is something different. This is a wholesale transfer by statutory instrument. Other people have called it a sale, and the property will be disposed of at about half-price. To children in areas with housing action trusts that will be a confiscation, because they will not have the same access to vacancies as they would have under continuing municipal ownership. [Interruption.]The Secretary of State asks why not. They will not be entitled to such access because the tenure stipulated in the Bill, with, for example, mixed operations, will not enable local people to go on to waiting lists or to transfer from one type of tenure to another, such as, from a four-bedroomed house to an old person's dwelling next door, thereby allowing another family to move in, to the extent that they can at present. I am rather surprised that the Secretary of State does not realise that. If he does not realise that, he cannot understand a great deal about the matter.I must protest at that because, even in cases of mixed tenure in succession, it is possible that there will be more dwellings because land can be used that is currently unused or underused. As the hon. Gentleman knows, the site occupied by a tower block can often yield more houses when the tower is pulled down than it does when it is standing up. The hon. Gentleman does not realise that, in those mixed tenures, far more people will exercise their right to buy and, therefore, will not be new purchasers. When a housing estate is made more attractive, many more people buy their homes.
We shall deal later with the objectives of housing action trusts, which bear very much on what the Secretary of State has said. However, I wish to take him up on one particular point—that an increased number of people in a housing action trust area will be able to buy their own properties. He has given me the answer to the point that he raised. Does he not realise that, although that may be no immediate disadvantage to the people in the area, when they come to move or to depart this sorry world, their house becomes vacant? If the house is in municipal ownership, somebody living next door may be on the housing list and might be able to take up the vacancy. However—this is happening all over London at the moment—local people are unable to take up such homes because they cannot afford to buy them. Somebody probably comes in from outside, at the market level, and takes the house. People come to see me in my advice service about such matters.
The Secretary of State should hear practical examples from hon. Members who represent other parts of the country. I advise the right hon. Gentleman—I can give him the precise figure—that there are 300 fewer vacancies in the London borough of Newham every year because the stock available is reduced due to house purchases. Good luck to those who have bought, but that means that there are 300 fewer voids for Newham people every year. That is the answer to the Secretary of State, who has just said that more houses will be available for buying. They will not be available for the people who most need them.11.45 am
The Secretary of State has also assumed that when problem council estates, such as the Hulme estate in Manchester, or the Marsh Lane estate in my constituency, are taken over by housing action trusts, and when money is spent on them and the nature of the development is altered by design improvements, there will be an increase in the number of dwellings. That is an absolute fantasy. When older council estates, such as those of the mid-1960s, have been improved and developed by local authorities or others in partnership, the aim has been to reduce the density. They have got rid of the maisonettes by decapitation. They have improved the environment by reducing the density. There will not be any increase in the number of dwellings. The Secretary of State does not have any idea of what council estates are like.
My hon. Friend has summed up the issue. I will tell the Secretary of State what one council estate is like. It is in an area that he may have in mind for one of his locations. It is the South Canning Town and Custom House Area of my constituency. The Secretary of State referred to tower blocks a moment ago. That area has eight empty tower blocks. It has 800 empty dwellings in the sky. If some of those blocks have to come down, for reasons that I may be able to explain to the House in a future debate, I assure the right hon. Gentleman that 100 homes will not be built on the site of each of those tower blocks. That would not be physically possible unless one rebuilt the tower blocks, and not even the Secretary of State would do that. What the right hon. Gentleman has said is, in mathematical and housing terms, incorrect. I hope that he will check that with his advisers, because I know that he listens to people with experience. If he checks, he may find that I am a little more correct than he is.
I shall comment on the Secretary of State's speech under the following headings: location, retrospection, consultation, hybridisation and aspects of planning. Those are the headings that I shall use, because they are the headings under which the Secretary of State courteously replied to my questions in an earlier speech. First, on the question of location, the Secretary of State still did not spill the beans about the sites. I take his point that he has no absolute obligation to do so, except that in Committee the Minister for Housing and Planning gave an undertaking. He said:That has been repeated by the Secretary of State. The Minister of State continued:"The answer is, before the Bill leaves Parliament. While it is before Parliament we shall bring forward our proposals."
I submit that "them" can only mean those locations. I put it to the Secretary of State again that while he may announce those locations before the Bill leaves Parliament, there will manifestly not be a prolonged opportunity to debate them. I am glad to welcome—rather like a cricket commentator—the entry of the Minister for Housing and Planning at the very moment when I have been quoting what he said in Committee. I fear that the undertaking that he no doubt gave in good faith—I do not blame the hon. Gentleman—has not been fulfilled by his right hon. Friend the Secretary of State, perhaps for reasons that they can determine between themselves."There will then be a prolonged opportunity to debate them in both Houses."—[Official Report, Standing Committee G, 9 February 1988; c. 768.]
Does my hon. Friend agree that one problem with the Minister's undertaking is that the housing action trusts could be announced during the summer recess, before the Bill leaves Parliament? If that happened the measure would still be in line with what the Minister said, but would be an insult to the House of Commons. We should like an undertaking that the HATs will not be announced while Parliament is in recess.
I hesitate to disagree with an hon. Friend. My hon. Friend might be right about an announcement being made, but it might be made after Report and Third Reading. Theoretically we may have an opportunity to discuss it, but only within the bands set by any Lords amendments. Although there may be an opportunity for prolonged debate, I do not believe that there will be any guarantee once we have finished this debate.
The second of my headings is retrospection. The Secretary of State has said that the legilsation is not retrospective because everyone can read what is in the Bill and it is not like a measure that catches a person because it is unexpected or unknown. The Secretary State says that we know about this, so how can it be retrospective? I try to understand the right hon. Gentleman's mind, and to him that seems reasonable. Alas, from a lawyer's point of view—I invite the Prime Minister to pay attention because she is a lawyer, and we certainly know it—it is not a definition of retrospection. It is a description of retrospection; it is a description of some retrospective legislation. The Secretary of State was right. We have announcements such as the Budget, and we legislate later to take account of or regularise them, but that is not the same. The right hon. Gentleman invites us to endorseWhatever the Secretary of State chooses to do to tell people what it is all about,"such steps as appear to him best designed to secure that the proposal to designate the area in question is brought to the notice of persons".
covers that definition of consultation, whatever it is. He is self-regulating and acts retrospectively. Although the Secretary of State may be right in his description, he is wrong in his definition."such steps as appear to him best designed"
The Secretary of State has a curious view of retrospective legislation, as he does of most things. Does my hon. Friend agree that the only way that retrospective legislation could be produced under the right hon. Gentleman's definition would be if all public and private Bills going through this place were kept secret? As soon as the First Reading occurs, there is notice that a Bill is on its way through Parliament. There is notice for every bit of legislation. The notion that because people know about a Bill it is not retrospective does not hold water.
My hon. Friend may be right. I understand, to some extent, why the Secretary of State thinks in these ways. My guess is that someone drew up clause 56 to stop judicial reviews. It prevents anyone from claiming that, whatever the Secretary of State does, it cannot be challenged. To that extent this legislation is not as retrospective as the very worst legislation, but it is retrospective in effect.
There is an additional argument, which is so obvious that I imagine that the hon. Gentleman has spotted it. I am perfectly entitled to consult anyone about anything, without requiring any statutory power. As the hon. Gentleman said, the purpose of the clause is merely to make it clear that the fact that I had not undertaken these consultations would not be a ground of challenge after an order was approved by both Houses of Parliament.
I am grateful to the Secretary of State. I believe that I divined his thinking correctly, and he has courteously confirmed it. He is in effect waterproofing a particular challenge. However, he has not defined—or divined—that the nature of his consultation may place some people in an impossible position.
The next heading is consultation. I am glad that the Secretary of State has not already taken the steps that he would claim under the clause. That is a good thing. He says that the position will apply only to steps that he will take after an announcement and before and after Royal Assent. I shall deal with that aspect in two parts. The Secretary of State's first consultation will he after the announcement of any particular area and perhaps before Royal Assent. That is what I might call postman's knock, part A. I presume that nearly everybody in the area will receive a "Dear Occupier" letter, which will spell out what is to happen. My hon. Friend the Member for Durham, North-West pointed out that we do not know what questions will be put in that letter, whether a response is expected, as it is under the sales consultation procedure, whether the Secretary of State will provide any information and what will be the nature of that information, and whether he will provide any information about inducements and the advantages of a housing action trust—which he is likely to paint in glowing colours. Incidentally, he is good at painting things in glowing colours, but on canvas rather than in literature. We do not know, either, whether there will be any buy-out offers. Anyone who is able to buy his home at much reduced prices might certainly wish to do so. The Walker proposal, if I may improperly call it that, was canvassed in the press two weeks ago, and I dare say that it could be incorporated in housing action trusts and in such a letter. We do not know what offers might be made that any sensible person could not refuse. Knowing the Secretary of State as I do, having read about the Walker proposal, and given the fact that we know that the Prime Minister is very interested in housing action trusts—and her presence in the Chamber at 8 o'clock this morning to support her right hon. Friend was a partial indication of that fact—my suspicion is that he will produce a letter to which there may be objections. I refer now to the retrospective element, which I fear is particularly dangerous. At that stage of the consultation, the Secretary of State is effectively the applicant, writing to every householder. He is also the informant, deciding how much information will be divulged. If there are any questions to be asked, he will choose their content and the way in which they will be put. He will also be the returning officer, as the recipient of the votes. He will be the teller and the decider, and he has the law on his side. The Secretary of State can do all that without telling anybody. Unless the hon. Member for Nottingham, South and his hon. Friends vote against this provision, which they ought to do, it will become law, and we are told that it will then constitute a form of consultation approved by the House of Commons.With all those powers of judge, jury, executioner and everything else, it sounds as though the Secretary of State will be in a position parallel to that of a commissioner in the Common Market. I do not want to start my hon. Friend off on that tack, but is it not worth some examination?
There may be some similarities—
On a point of order, Madam Deputy Speaker. Is it in order, or within the conventions of the House, for a Back-Bench Member to speak from the Opposition Front Bench, even in an intervention?
12 noon
As the hon. Gentleman knows, it is nothing to do with the Chair where hon. Members decide to sit in the House.
Further to that point of order, Madam Deputy Speaker. Is it not said in all the annals of the House of Commons that a Member of Parliament may sit on any Bench? I remember an occasion when the former leader of the SDP—he is now leader of the Provos, with an army of three—bustled his way past Opposition Members on the Bench below the Gangway and then nearly knocked over my hon. Friend the Member for Birmingham, Ladywood (Ms. Short) in an attempt to get to the Dispatch Box. He has never looked up since. I am leaving now.
The hon. Member for Bolsover (Mr. Skinner) is far more learned than I am and will have read all the annals to which he referred.
You will be pleased to know, Madam Deputy Speaker, that I shall not be tempted towards Brussels and the Common Market, except to say that the centralisation in the Bill is markedly similar to the centralisation in that organisation.
The Secretary of State—I genuinely believe that sometimes he unwittingly deceives himself—has legiti-mised the consultation to such an extent that it is exactly how he wishes it. He now wants the House to say that whatever he does goes. Of course, he has some powers already, but this is an underhand way of doing it. The consultation may not be objective. Therefore, the response to the suggestion of housing action trusts may not be the same as would have been obtained had an objective assessment, not the letter from the Secretary of State, been put to each occupier.Has my hon. Friend noticed that the Minister for Housing and Planning is back in the Chamber? Many of us have been here since 6.30 yesterday evening. Has the Minister been in bed-and-breakfast accommodation? Some of us are looking rather dishevelled, but the Minister looks smart. He has missed all the questions that we have been dying to ask him, but towards the end of this debate he has turned up with a smile on his face and wearing a clean shirt, tie and shoes.
I hope that my hon. Friend will have an opportunity to ask that question direct, but I think I know what is in his mind.
Will housing action trusts shoulder some of the duties of housing the homeless, apart from acting as contractors to the existing local authorities? I fear that they will not. The "postman's knock" letter is only the first phase of the Secretary of State's consultation. We now come to what happens after Royal Assent. That consultation is covered in clause 59, which, as the hon. Member for Nottingham, South said, regulates what housing action trusts can do once they are set up. But whatever the local gauleiter or his friends choose to do, the Secretary of State can direct otherwise. There is no obligation on housing action trusts to go along with what local people want, nor is there an obligation on the Secretary of State to comply with what the housing action trust wants. He can reverse its decision if he pleases, as I pointed out in my opening remarks. The second phase of consultation that the Secretary of State so proudly unveiled will also be of no avail. My penultimate point relates to hybridisation. I was rather shocked to hear that the Secretary of State agrees with my observation that there is a high probability that some HAT orders will be rendered hybrid in another place if petitions are laid against them. I emphasise that the Secretary of State's search for areas in which petitions will not be laid may be delaying the announcements. It is possible that the other place, before or after the passing of an order, could restrict the Secretary of State in the exercise of his options. That might be welcomed by my hon. Friends and me, but it means that the scope and operation of HATs will not be those within the Bill. That affects the whole procedure of consultation. My final point concerns planning. The Secretary of State said, in reply to a point that I made, "Oh no, planning will not be affected. I shall remain the umpire on the planning laws. All that will happen is that the HAT will take over the functions of the planning authority, and we shall then carry on as before." I hope that that was not too rapid a summary of the burden of his remarks. Matters are not the same as before. First, the HAT may be too small to operate a proper planning organisation. A borough needs to be fairly big to have a full range of planning skills, which are highly legal and technical. It may get agents in to do the work, but there will be complications. Secondly, although the Secretary of State says, "I will be the umpire," that is not so. He has already made his own strategic plan for the royal docks area in London, and when a planning application comes up he can say that it does or does not lie within the plan that he, as Secretary of State, has already made. The Secretary of State will have powers which will not be assessable by local electors, and which will be exercised from Whitehall rather than from town halls. All in all, we have here a remarkable multiplication of quangos which will not serve the people, but which will transfer ownership from local municipal organisations to those of other people. We do not know who those other people are. We can only guess that they will be friends of the Secretary of State and that they will be looking for some sort of pay-off. The means by which all this will be achieved are wholly undemocratic, judged both by local democracy and by the procedures of the House. I call on my hon. Friends to support the amendments.I commend amendment No. 87 to the House and thank my hon. Friend the Member for Newham, South (Mr. Spearing) for speaking so eloquently, if briefly, on the issue of consultation before a housing action trust is established by the Government.
In my intervention on my hon. Friend's speech I asked the Minister and the Secretary of State if they would give an undertaking that they would not announce during the recess the location of the six HATs that they said would initially be set up. This is important. If the tenants are not to be consulted about the establishment of a HAT—and it will still be established if they are all against it—there should at least be some debate in the House about where they are and the likely effects on the areas in which they are declared. I am sure that my hon. Friend the Member for Newham, South will agree with me. We would like to know where the initial six HATs are to be located before the Bill completes its stages in this place, so that we may have a debate at some length and of some significance on the subject. Even after the Bill becomes an Act and the Government decide to declare more HATs in addition to the original six, we would like an assurance from the Secretary of State and the Minister that such an announcement will be made in the House, so that those hon. Members whose constituents are affected and others who are interested can ask questions, receive assurances and discover information from the Government about the declarations and how the HATs will affect their constituents. We do not think that that is too much to ask. There is nothing in the legislation to guarantee that Parliament will be treated properly, that announcements will be made in this place and that we shall get a chance to debate them. I suspect that this is not an issue of too much controversy, and we should receive such an undertaking from the Secretary of State. Conservative Members have probably purposely misunderstood what the amendments set out to achieve. At a later stage in our proceedings we shall debate what the Government call, "Pick a landlord" and what we call, "Pick a tenant" where a private organisation can ask to take over a council estate. In those circumstances, there will have to be a ballot and 51 per cent. of the people living on the estate must vote against the proposal or the estate will be taken over. We have criticised those arrangements. We believe that that voting system is undemocratic. With regard to the HAT—Order. The House will have an opportunity to consider that matter when we reach that point in the Bill.
The point is that with regard to the HATs that we are debating now, there will not even be a chance for that kind of rigged voting. There is nothing in the legislation, as the Secretary of State admitted in an intervention, that requires any consultation with tenants of an area to be declared a housing action trust. We believe that that is completely unacceptable.
The Government claim that they are widening choice, that they are freeing tenants from the shackles of large-scale bureaucratic local authority housing management and that they will provide choice and freedom. However, that will not extend to allowing residents to decide whether they want a HAT imposed on them. The reason why such a ballot will not be permitted is that most of the council tenants living on most of the estates likely to be selected as targets for housing action trusts would reject the idea of a HAT, if only from the belief that "The devil you know is better than the devil you do not," and that a bureaucratically imposed quango, peopled by the kind of people whom the Secretary of State traditionally appoints to his quangos, such as the development corporations, would be worse at running the affairs of tenants than the local authority. At least the tenants can vote in local elections against the actions of their local authority councillors. We think that it is because tenants would reject the idea of HATs being imposed on them, particularly as they will not be given the representation that they need on the HAT to manage, control and run their own affairs, that the Government are refusing to accept our amendments, which implement the Conservative manifesto commitment to consult tenants, which the Conservatives claim is their mandate from the last general election. We believe that the Government's response so far is completely inadequate. The response is totalitarian and it imposes undemocratically elected quangos on council estates which the Government choose to designate without consultation with the local authorities or tenants and residents of the estate. We believe that if the Government or Conservative Back Benchers really believe in choice, consultation and freedom in housing, they should support the amendment.Question put, That the amendment be made:—
The House divided: Ayes 138, Noes 227.
Division No. 355]
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AYES
| |
Allen, Graham | Howells, Geraint |
Alton, David | Hughes, John (Coventry NE) |
Armstrong, Hilary | Hughes, Robert (Aberdeen N) |
Ashdown, Paddy | Hughes, Roy (Newport E) |
Ashton, Joe | Hughes, Sean (Knowsley S) |
Barnes, Harry (Derbyshire NE) | Hughes, Simon (Southwark) |
Barron, Kevin | John, Brynmor |
Battle, John | Jones, Barry (Alyn & Deeside) |
Bell, Stuart | Jones, Ieuan (Ynys Môn) |
Bennett, A. F. (D'nt'n & R'dish) | Kirkwood, Archy |
Blair, Tony | Lamond, James |
Blunkett, David | Leadbitter, Ted |
Bradley, Keith | Litherland, Robert |
Bray, Dr Jeremy | Lloyd, Tony (Stretford) |
Brown, Gordon (D'mline E) | Lofthouse, Geoffrey |
Bruce, Malcolm (Gordon) | McAllion, John |
Buchan, Norman | McCartney, Ian |
Buckley, George J. | Macdonald, Calum A. |
Caborn, Richard | McKay, Allen (Barnsley West) |
Campbell-Savours, D. N. | McKelvey, William |
Clark, Dr David (S Shields) | McNamara, Kevin |
Clarke, Tom (Monklands W) | McTaggart, Bob |
Clay, Bob | Madden, Max |
Clelland, David | Marek, Dr John |
Cook, Frank (Stockton N) | Martin, Michael J. (Springburn) |
Corbyn, Jeremy | Martlew, Eric |
Cousins, Jim | Maxton, John |
Crowther, Stan | Meale, Alan |
Cummings, John | Michie, Bill (Sheffield Heeley) |
Cunningham, Dr John | Michie, Mrs Ray (Arg'l & Bute) |
Dalyell, Tarn | Millan, Rt Hon Bruce |
Davis, Terry (B'ham Hodge H'l) | Moonie, Dr Lewis |
Dewar, Donald | Morgan, Rhodri |
Dixon, Don | Mullin, Chris |
Doran, Frank | Nellist, Dave |
Douglas, Dick | Oakes, Rt Hon Gordon |
Duffy, A. E. P. | O'Brien, William |
Dunnachie, Jimmy | O'Neill, Martin |
Eastham, Ken | Orme, Rt Hon Stanley |
Evans, John (St Helens N) | Parry, Robert |
Ewing, Harry (Falkirk E) | Pendry, Tom |
Fearn, Ronald | Pike, Peter L. |
Fisher, Mark | Powell, Ray (Ogmore) |
Flynn, Paul | Primarolo, Dawn |
Foster, Derek | Quin, Ms Joyce |
Fyfe, Maria | Radice, Giles |
Galbraith, Sam | Redmond, Martin |
Galloway, George | Reid, Dr John |
Garrett, John (Norwich South) | Richardson, Jo |
George, Bruce | Roberts, Allan (Bootle) |
Gilbert, Rt Hon Dr John | Rogers, Allan |
Godman, Dr Norman A. | Rooker, Jeff |
Golding, Mrs Llin | Ruddock, Joan |
Gould, Bryan | Salmond, Alex |
Grant, Bernie (Tottenham) | Short, Clare |
Grocott, Bruce | Skinner, Dennis |
Hardy, Peter | Smith, C. (Isl'ton & F'bury) |
Haynes, Frank | Smith, Rt Hon J. (Monk'ds E) |
Home Robertson, John | Soley, Clive |
Hood, Jimmy | Spearing, Nigel |
Steel, Rt Hon David | Welsh, Michael (Doncaster N) |
Stott, Roger | Williams, Alan W. (Carm'then) |
Strang, Gavin | Wilson, Brian |
Straw, Jack | Wise, Mrs Audrey |
Taylor, Matthew (Truro) | Worthington, Tony |
Thomas, Dr Dafydd Elis | Wray, Jimmy |
Thompson, Jack (Wansbeck) | Young, David (Bolton SE) |
Turner, Dennis | |
Wallace, James | Tellers for the Ayes: |
Wareing, Robert N. | Mr. Bob Cryer and |
Welsh, Andrew (Angus E) | Mr. Allen Adams. |
NOES
| |
Adley, Robert | Fookes, Miss Janet |
Alexander, Richard | Forsyth, Michael (Stirling) |
Alison, Rt Hon Michael | Forth, Eric |
Amess, David | Fox, Sir Marcus |
Amos, Alan | Franks, Cecil |
Arbuthnot, James | Gale, Roger |
Arnold, Tom (Hazel Grove) | Gardiner, George |
Ashby, David | Garel-Jones, Tristan |
Banks, Robert (Harrogate) | Gill, Christopher |
Batiste, Spencer | Goodlad, Alastair |
Bellingham, Henry | Gorman, Mrs Teresa |
Bendall, Vivian | Gorst, John |
Benyon, W. | Gow, Ian |
Biffen, Rt Hon John | Grant, Sir Anthony (CambsSW) |
Biggs-Davison, Sir John | Green way, Harry (Ealing N) |
Blaker, Rt Hon Sir Peter | Gregory, Conal |
Bonsor, Sir Nicholas | Griffiths, Sir Eldon (Bury St E') |
Boscawen, Hon Robert | Griffiths, Peter (Portsmouth N) |
Boswell, Tim | Grist, Ian |
Bottomley, Mrs Virginia | Hamilton, Hon Archie (Epsom) |
Bowden, A (Brighton K'pto'n) | Hamilton, Neil (Tatton) |
Bowden, Gerald (Dulwich) | Hanley, Jeremy |
Bowis, John | Hannam, John |
Braine, Rt Hon Sir Bernard | Hargreaves, Ken (Hyndburn) |
Brandon-Bravo, Martin | Harris, David |
Brazier, Julian | Haselhurst, Alan |
Brittan, Rt Hon Leon | Hawkins, Christopher |
Brown, Michael (Brigg & Cl't's) | Hayes, Jerry |
Browne, John (Winchester) | Hayhoe, Rt Hon Sir Barney |
Bruce, Ian (Dorset South) | Hayward, Robert |
Buchanan-Smith, Rt Hon Alick | Heathcoat-Amory, David |
Buck, Sir Antony | Heseltine, Rt Hon Michael |
Burns, Simon | Hicks, Robert (Cornwall SE) |
Burt, Alistair | Higgins, Rt Hon Terence L. |
Butcher, John | Hind, Kenneth |
Butler, Chris | Holt, Richard |
Butterfill, John | Hordern, Sir Peter |
Carlisle, John, (Luton N) | Howarth, Alan (Strat'd-on-A) |
Carrington, Matthew | Howe, Rt Hon Sir Geoffrey |
Carttiss, Michael | Howell, Rt Hon David (G'dford) |
Cash, William | Howell, Ralph (North Norfolk) |
Channon, Rt Hon Paul | Hughes, Robert G. (Harrow W) |
Chapman, Sydney | Hunt, David (Wirral W) |
Chope, Christopher | Hunt, John (Ravensbourne) |
Churchill, Mr | Hunter, Andrew |
Clark, Hon Alan (Plym'th S'n) | Hurd, Rt Hon Douglas |
Clark, Dr Michael (Rochford) | Irvine, Michael |
Clark, Sir W. (Croydon S) | Jack, Michael |
Clarke, Rt Hon K. (Rushcliffe) | Jackson, Robert |
Conway, Derek | Janman, Tim |
Cran, James | Jopling, Rt Hon Michael |
Critchley, Julian | Kellett-Bowman, Dame Elaine |
Davies, Q. (Stamf'd & Spald'g) | Key, Robert |
Day, Stephen | Kilfedder, James |
Devlin, Tim | King, Roger (B'ham N'thfield) |
Dickens, Geoffrey | Knapman, Roger |
Dorrell, Stephen | Knight, Greg (Derby North) |
Douglas-Hamilton, Lord James | Knight, Dame Jill (Edgbaston) |
Dover, Den | Knowles, Michael |
Dunn, Bob | Lamont, Rt Hon Norman |
Durant, Tony | Latham, Michael |
Eggar, Tim | Lennox-Boyd, Hon Mark |
Emery, Sir Peter | Lester, Jim (Broxtowe) |
Evennett, David | Lightbown, David |
Fallon, Michael | Lilley, Peter |
Favell, Tony | Lloyd, Sir Ian (Havant) |
Fenner, Dame Peggy | Lord, Michael |
Lyell, Sir Nicholas | Ryder, Richard |
MacKay, Andrew (E Berkshire) | Sackville, Hon Tom |
Maclean, David | Sainsbury, Hon Tim |
McLoughlin, Patrick | Sayeed, Jonathan |
McNair-Wilson, P. (New Forest) | Shaw, Sir Giles (Pudsey) |
Mans, Keith | Shephard, Mrs G. (Norfolk SW) |
Marland, Paul | Shepherd, Colin (Hereford) |
Marshall, Michael (Arundel) | Shepherd, Richard (Aldridge) |
Martin, David (Portsmouth S) | Shersby, Michael |
Mates, Michael | Sims, Roger |
Maude, Hon Francis | Smith, Tim (Beaconsfield) |
Mawhinney, Dr Brian | Soames, Hon Nicholas |
Maxwell-Hyslop, Robin | Speller, Tony |
Mayhew, Rt Hon Sir Patrick | Spicer, Sir Jim (Dorset W) |
Mellor, David | Stanbrook, Ivor |
Mills, Iain | Stern, Michael |
Miscampbell, Norman | Stevens, Lewis |
Mitchell, Andrew (Gedling) | Summerson, Hugo |
Mitchell, David (Hants NW) | Taylor, Ian (Esher) |
Monro, Sir Hector | Taylor, Teddy (S'end E) |
Morris, M (N'hampton S) | Temple-Morris, Peter |
Morrison, Sir Charles | Thompson, Patrick (Norwich N) |
Morrison, Rt Hon P (Chester) | Thorne, Neil |
Moss, Malcolm | Townend, John (Bridlington) |
Neale, Gerrard | Tracey, Richard |
Nelson, Anthony | Trippier, David |
Neubert, Michael | Twinn, Dr Ian |
Newton, Rt Hon Tony | Waddington, Rt Hon David |
Nicholson, David (Taunton) | Wakeham, Rt Hon John |
Nicholson, Emma (Devon West) | Waldegrave, Hon William |
Onslow, Rt Hon Cranley | Ward, John |
Patnick, Irvine | Wardle, Charles (Bexhill) |
Pawsey, James | Warren, Kenneth |
Peacock, Mrs Elizabeth | Watts, John |
Porter, Barry (Wirral S) | Wells, Bowen |
Porter, David (Waveney) | Wheeler, John |
Powell, William (Corby) | Whitney, Ray |
Price, Sir David | Widdecombe, Ann |
Rathbone, Tim | Wilshire, David |
Redwood, John | Winterton, Mrs Ann |
Rhodes James, Robert | Winterton, Nicholas |
Riddick, Graham | Wolfson, Mark |
Ridley, Rt Hon Nicholas | Wood, Timothy |
Rifkind, Rt Hon Malcolm | Young, Sir George (Acton) |
Roe, Mrs Marion | |
Rossi, Sir Hugh | Tellers for the Noes: |
Rost, Peter | Mr. Peter Lloyd and |
Rowe, Andrew | Mr. Kenneth Carlisle |
Rumbold, Mrs Angela |
Question accordingly negatived.
Amendment proposed: No. 87, in page 41, line 20, at end insert—
'(4) If, as a result of consultation under this section, it appears to the Secretary of State that a majority of persons consulted under subsection (2) above are opposed to the designation of the proposed designated area, he shall not make an order under section 55 above designating the said area.'.—[Mr. Allan Roberts.]
Question put, That the amendment be made:—
The House divided: Ayes 133, Noes 219.
Division No. 356]
| [12.28 pm
|
AYES
| |
Allen, Graham | Brown, Gordon (D'mline E) |
Alton, David | Bruce, Malcolm (Gordon) |
Armstrong, Hilary | Buchan, Norman |
Ashdown, Paddy | Buckley, George J. |
Ashton, Joe | Caborn, Richard |
Barnes, Harry (Derbyshire NE) | Campbell-Savours, D. N. |
Barron, Kevin | Clark, Dr David (S Shields) |
Battle, John | Clelland, David |
Beckett, Margaret | Corbyn, Jeremy |
Bell, Stuart | Cousins, Jim |
Bennett, A. F. (D'nt'n & R'dish) | Crowther, Stan |
Blair, Tony | Cryer, Bob |
Blunkett, David | Cummings, John |
Bradley, Keith | Cunliffe, Lawrence |
Bray, Dr Jeremy | Cunningham, Dr John |
Dalyell, Tam | Meale, Alan |
Davis, Terry (B'ham Hodge H'l) | Michie, Bill (Sheffield Heeley) |
Dewar, Donald | Michie, Mrs Ray (Arg'l & Bute) |
Dixon, Don | Millan, Rt Hon Bruce |
Doran, Frank | Moonie, Dr Lewis |
Duffy, A. E. P. | Morgan, Rhodri |
Dunnachie, Jimmy | Mullin, Chris |
Eastham, Ken | Nellist, Dave |
Evans, John (St Helens N) | Oakes, Rt Hon Gordon |
Ewing, Harry (Falkirk E) | O'Brien, William |
Fearn, Ronald | O'Neill, Martin |
Field, Frank (Birkenhead) | Orme, Rt Hon Stanley |
Fisher, Mark | Owen, Rt Hon Dr David |
Flynn, Paul | Parry, Robert |
Foster, Derek | Pike, Peter L. |
Fyfe, Maria | Powell, Ray (Ogmore) |
Galbraith, Sam | Primarolo, Dawn |
Galloway, George | Quin, Ms Joyce |
Gilbert, Rt Hon Dr John | Radice, Giles |
Godman, Dr Norman A. | Redmond, Martin |
Golding, Mrs Llin | Reid, Dr John |
Gould, Bryan | Richardson, Jo |
Grant, Bernie (Tottenham) | Roberts, Allan (Bootle) |
Grocott, Bruce | Rooker, Jeff |
Hardy, Peter | Ruddock, Joan |
Harman, Ms Harriet | Salmond, Alex |
Haynes, Frank | Short, Clare |
Home Robertson, John | Skinner, Dennis |
Hood, Jimmy | Smith, C. (Isl'ton & F'bury) |
Howells, Geraint | Smith, Rt Hon J. (Monk'ds E) |
Hughes, John (Coventry NE) | Soley, Clive |
Hughes, Robert (Aberdeen N) | Spearing, Nigel |
Hughes, Roy (Newport E) | Steel, Rt Hon David |
Hughes, Sean (Knowsley S) | Stott, Roger |
Hughes, Simon (Southwark) | Strang, Gavin |
John, Brynmor | Straw, Jack |
Jones, Barry (Alyn & Deeside) | Taylor, Matthew (Truro) |
Jones, Ieuan (Ynys Môn) | Thomas, Dr Dafydd Elis |
Kirkwood, Archy | Thompson, Jack (Wansbeck) |
Lamond, James | Turner, Dennis |
Leadbitter, Ted | Wallace, James |
Litherland, Robert | Wareing, Robert N. |
Lloyd, Tony (Stretford) | Welsh, Andrew (Angus E) |
Lofthouse, Geoffrey | Welsh, Michael (Doncaster N) |
McAllion, John | Wilson, Brian |
McCartney, Ian | Wise, Mrs Audrey |
Macdonald, Calum A. | Worthington, Tony |
McKelvey, William | Wray, Jimmy |
McNamara, Kevin | Young, David (Bolton SE) |
McTaggart, Bob | |
Madden, Max | Tellers for the Ayes: |
Marek, Dr John | Mr. Allen Adams and Mr. Frank Cook. |
Martin, Michael J. (Springburn) | |
Maxton. John |
NOES
| |
Adley, Robert | Brazier, Julian |
Alexander, Richard | Brittan, Rt Hon Leon |
Alison, Rt Hon Michael | Brown, Michael (Brigg & Cl't's) |
Amess, David | Browne, John (Winchester) |
Amos, Alan | Bruce, Ian (Dorset South) |
Arbuthnot, James | Buchanan-Smith, Rt Hon Alick |
Arnold, Tom (Hazel Grove) | Buck, Sir Antony |
Ashby, David | Burns, Simon |
Banks, Robert (Harrogate) | Burt, Alistair |
Batiste, Spencer | Butcher, John |
Bellingham, Henry | Butler, Chris |
Bendall, Vivian | Butterfill, John |
Benyon, W. | Carlisle, John, (Luton N) |
Biffen, Rt Hon John | Carrington, Matthew |
Blaker, Rt Hon Sir Peter | Carttiss, Michael |
Bonsor, Sir Nicholas | Cash, William |
Boscawen, Hon Robert | Channon, Rt Hon Paul |
Boswell, Tim | Chapman, Sydney |
Bottomley, Mrs Virginia | Chope, Christopher |
Bowden, A (Brighton K'pto'n) | Churchill, Mr |
Bowden, Gerald (Dulwich) | Clark, Dr Michael (Rochford) |
Bowis, John | Clark, Sir W. (Croydon S) |
Braine, Rt Hon Sir Bernard | Clarke, Rt Hon K. (Rushcliffe) |
Brandon-Bravo, Martin | Conway, Derek |
Critchley, Julian | Lord, Michael |
Davies, Q. (Stamf'd & Spald'g) | Lyell, Sir Nicholas |
Day, Stephen | MacKay, Andrew (E Berkshire) |
Devlin, Tim | Maclean, David |
Dickens, Geoffrey | McLoughlin, Patrick |
Dorrell, Stephen | McNair-Wilson, P. (New Forest) |
Douglas-Hamilton, Lord James | Mans, Keith |
Dover, Den | Marland, Paul |
Dunn, Bob | Marshall, Michael (Arundel) |
Durant, Tony | Martin, David (Portsmouth S) |
Eggar, Tim | Mates, Michael |
Emery, Sir Peter | Mawhinney, Dr Brian |
Evennett, David | Maxwell-Hyslop, Robin |
Fallon, Michael | Mayhew, Rt Hon Sir Patrick |
Favell, Tony | Mellor, David |
Fenner, Dame Peggy | Mills, Iain |
Fookes, Miss Janet | Miscampbell, Norman |
Forsyth, Michael (Stirling) | Mitchell, Andrew (Gedling) |
Forth, Eric | Mitchell, David (Hants NW) |
Fox, Sir Marcus | Monro, Sir Hector |
Franks, Cecil | Montgomery, Sir Fergus |
Gale, Roger | Morris, M (N'hampton S) |
Gardiner, George | Morrison, Sir Charles |
Garel-Jones, Tristan | Morrison, Rt Hon P (Chester) |
Gill, Christopher | Moss, Malcolm |
Goodlad, Alastair | Neale, Gerrard |
Gorman, Mrs Teresa | Nelson, Anthony |
Gorst, John | Neubert, Michael |
Gow, Ian | Newton, Rt Hon Tony |
Grant, Sir Anthony (CambsSW) | Nicholson, David (Taunton) |
Greenway, Harry (Ealing N) | Onslow, Rt Hon Cranley |
Gregory, Conal | Patnick, Irvine |
Griffiths, Sir Eldon (Bury St E') | Pawsey, James |
Griffiths, Peter (Portsmouth N) | Peacock, Mrs Elizabeth |
Grist, Ian | Porter, Barry (Wirral S) |
Hamilton, Hon Archie (Epsom) | Porter, David (Waveney) |
Hamilton, Neil (Tatton) | Powell, William (Corby) |
Hanley, Jeremy | Price, Sir David |
Hannam, John | Rathbone, Tim |
Hargreaves, Ken (Hyndburn) | Redwood, John |
Harris, David | Rhodes James, Robert |
Haselhurst, Alan | Riddick, Graham |
Hawkins, Christopher | Ridley, Rt Hon Nicholas |
Hayhoe, Rt Hon Sir Barney | Rifkind, Rt Hon Malcolm |
Hayward, Robert | Roe, Mrs Marion |
Heathcoat-Amory, David | Rossi, Sir Hugh |
Heseltine, Rt Hon Michael | Rost, Peter |
Hicks, Robert (Cornwall SE) | Rowe, Andrew |
Higgins, Rt Hon Terence L. | Rumbold, Mrs Angela |
Hind, Kenneth | Ryder, Richard |
Holt, Richard | Sackville, Hon Tom |
Hordern, Sir Peter | Sainsbury, Hon Tim |
Howarth, Alan (Strat'd-on-A) | Shaw, Sir Giles (Pudsey) |
Howe, Rt Hon Sir Geoffrey | Shephard, Mrs G. (Norfolk SW) |
Howell, Rt Hon David (G'dford) | Shepherd, Colin (Hereford) |
Howell, Ralph (North Norfolk) | Shepherd, Richard (Aldridge) |
Hughes, Robert G. (Harrow W) | Shersby, Michael |
Hunt, David (Wirral W) | Sims, Roger |
Hunt, John (Ravensbourne) | Smith, Tim (Beaconsfield) |
Hunter, Andrew | Soames, Hon Nicholas |
Hurd, Rt Hon Douglas | Speller, Tony |
Irvine, Michael | Spicer, Sir Jim (Dorset W) |
Jack, Michael | Stanbrook, Ivor |
Jackson, Robert | Stern, Michael |
Janman, Tim | Stevens, Lewis |
Jopling, Rt Hon Michael | Summerson, Hugo |
Kellett-Bowman, Dame Elaine | Taylor, Ian (Esher) |
Key, Robert | Taylor, Teddy (S'end E) |
Kilfedder, James | Temple-Morris, Peter |
King, Roger (B'ham N'thfield) | Thompson, Patrick (Norwich N) |
Knapman, Roger | Townend, John (Bridlington) |
Knight, Greg (Derby North) | Tracey, Richard |
Knight, Dame Jill (Edgbaston) | Trippier, David |
Knowles, Michael | Twinn, Dr Ian |
Lamont, Rt Hon Norman | Waddington, Rt Hon David |
Latham, Michael | Wakeham, Rt Hon John |
Lennox-Boyd, Hon Mark | Waldegrave, Hon William |
Lilley, Peter | Ward, John |
Lloyd, Sir Ian (Havant) | Wardle, Charles (Bexhill) |
Lloyd, Peter (Fareham) | Warren, Kenneth |
Watts, John | Wolfson, Mark |
Wells, Bowen | Wood, Timothy |
Wheeler, John | Young, Sir George (Acton) |
Whitney, Ray | |
Widdecombe, Ann | Tellers for the Noes: |
Wilshire, David | Mr. David Lightbown and Mr. Kenneth Carlisle. |
Winterton, Mrs Ann | |
Winterton, Nicholas |
Question accordingly negatived.
Schedule 5
Housing Action Trusts: Constitution
I beg to move amendment No. 328, in page 87, line 30, leave out 'people having' and insert
'persons who live in or have'.
With this it will be convenient to discuss Government amendment No. 329, amendment No. 91, in page 87, line 31, at end insert
and Government amendment No. 330.'and a majority of the members of a trust shall be resident in the designated area'.
I think that the hon. Member for Hammersmith (Mr. Soley) will agree that these amendments carry out a commitment that we gave in Committee following prolonged discussion about the importance and desirability of securing the services on HAT boards of people who really know the areas in question. The amendments mean that the Secretary of State would have to have regard to the desirability of securing the services of people who live in the HAT areas as well as those who have special knowledge of them. We also agreed to consult local authorities about the appointments. I think that these are welcome improvements to the Bill in line with what we discussed in Committee.
Amendment No. 91 is too restrictive because the temporary bodies will have a difficult task to carry out in a short time. The Secretary of State will need to find the best people with the relevant expertise, and he might not necessarily be able to do that with a majority of residents in every case. Qualities such as management skills and housing expertise and experience will also be relevant. We intend to ask the HATs to create, in consultation with local people, non-statutory tenants' advisory fora that will provide a focus for generating tenants' views beyond representation on the HAT boards and other consultative arrangements. The fora would have a remit to advise the boards on any issue of concern to the tenants. We hope that some tenants will take over the running of their properties through the establishment of tenant co-operatives. Amendment No. 330 seeks to ensure that anyone with an interest that might be prejudicial should not be appointed to a HAT board. At the same time, we wish to ensure that being a tenant should not be regarded as having a prejudicial interest. That point was legitimately raised by a number of Opposition Members in Committee. I hope that Opposition Members will agree that amendments Nos. 328 to 330 are sensible and meet the points that they raised in Committee. Although we must reject amendment No. 91, I hope that they accept that we have gone some way towards meeting their concerns.I want to say a few brief words about the proposals. The Government's rejection of amendment No. 91 is singularly unfortunate. As the Minister accepted, the Government's wording is more discretionary than amendment No. 91. As amended by amendment No. 328, the schedule would read;
Our amendment requires that"In appointing members of a trust, the Secretary of State shall have regard to the desirability of securing the services of persons who live in or have special knowledge of the locality in which the designated area is situated."
We have advanced the arguments on previous occasions, but this is the place to reduce, modify or qualify the Secretary of State's powers. The schedule states that"a majority of the members of a trust shall be resident in the designated area."
That is not an imposition on the Secretary of State; he only has to consider alternatives. Having considered people living in the area, if they do not satisfy his criteria he can reject them. That rejection could be for a variety of reasons —for example, he may oppose them politically or he may have had an argument with them. He may think them to be brash or quiet and, therefore, the wrong people to serve on the boards. We know that the Secretary of State is likely to have arguments with people every time that he goes into an area. That has happened on more than one or two occasions. I believe that, more than anything else, if the Secretary of State suspects that anyone is politically opposed to him—and he would not have to be a Labour supporter, but simply a critic of Government policy—he will use his highly discretionary powers not to appoint that person. 12.45 pm One of the grounds that we can put forward to support this argument is the way in which the Government have treated other quangos. In all those bodies that we use to administer the various institutions in our national life, the Government have been assiduous in sacking people whom they regard as having been critical in any way and appointing people who conform to their own point of view."the Secretary of State shall have regard to the desirability".
The hon. Gentleman is still the European Member of Parliament for Sheffield. I recollect that, when the Government nominated Councillor Roy Thwaites, the then leader of South Yorkshire county council, to the chairmanship of the South Yorkshire residuary body, he at first accepted the position, but subsequently declined. How does that square with your thinking?
I know that the hon. Gentleman is not referring to you, Mr. Deputy Speaker; he is referring to me.
I apologise to you, Mr. Deputy Speaker. The hon. Gentleman can have two stripes for that one.
I shall simply use an old phrase and say, "Grovel, grovel, grovel."
The hon. Gentleman said that the Government appointed Mr. Roy Thwaites who was subsequently persuaded to resign. Of course, there are occasions which tend to prove the rule. The Government occasionally pick out members of the Labour party to make a particular body appear more acceptable, and I believe that that was the case on that occasion. However, we are talking about the majority of people who will not be prominent and who will simply be carrying out day-to-day administration. In those circumstances, the predominant qualification should be that they live in the area, as stipulated in our amendment.I thank the hon. Gentleman again for his courtesy. How does he explain the fact that Lord Mulley, a former Member of Parliament for Sheffield and Minister in the Labour Government, has been appointed deputy chairman of the Sheffield urban development corporation?
I am grateful to the hon. Gentleman for bearing out exactly what I said: that the Government persuade people who have been prominent in the Labour party in the past to chair or act as deputy chair to a body for which they wish to gain acceptance and credibility in an area. One of the reasons why the Government appointed Fred Mulley was that they knew perfectly well that the Labour-controlled Sheffield council was unhappy about the proposal in the first place. This is part of the reconciliation. The Government have the power to ride roughshod over democratically elected local councils, and they attempt to put a better face on it by appointing someone who, although he does not live in the area, nevertheless knows it. Roy Thwaites lives in the area. Both the people concerned have local knowledge and understanding which is precisely why the Government appointed them, in addition to the political connotations that I have mentioned. When people go down to the other end of the Palace of Westminster, some funny things happen to them.
My hon. Friend referred to the question of public and political appointees in terms of offering a job to a member of the Opposition. Perhaps I can give him a classic example from south Yorkshire. My local area health authority has sacked a Socialist chairman who has done a sterling job during the many years since reorganisation in 1974. The job has been offered to the leader of the Labour council in the knowledge that, given that one Labour member had been dismissed, another could not accept the nomination. A member of the Conservative party was then appointed. He happens to be one of my constituents. He was put into a job that he knew that the Labour party had to turn down because of the dismissal.
That is a good illustration of what I was describing. It demonstrates why we want a qualification different from the absolute discretion of the Secretary of State. Area health boards provide good examples. A member of the Labour party was chairman of the Airedale health authority. He was so moderate as to be almost untrue. He tried his best to reconcile all the difficulties and to meet the pressure from the Government while maintaining services. He tried to compromise as best he could in the decent way in which he was accustomed to act, yet he was sacked by the Government, who then appointed a Tory.
rose—
The hon. Member for Sheffield, Hallam (Mr. Patnick) wishes me to give way to him again, and I am pleased to do so.
I am extremely grateful to the hon. Gentleman for giving way again. I notice that the hon. Member for Normanton (Mr. O'Brien) is sitting complacently on the Opposition Front Bench. His former leader, Sir Jack Smart, was given the chairmanship of Wakefield health authority. We can carry on trading such things across the Chamber, if that is what the hon. Gentleman wishes—
rose—
With respect to the hon. Gentleman, I am intervening in the speech of his hon. Friend the Member for Bradford, South (Mr. Cryer), who is sitting in the opposite corner. If the hon. Gentleman wishes to intervene in his hon. Friend's speech, I am sure that he can.
The hon. Member for Bradford, South changes his ground. He began by saying "no person" but now everything is different.If the hon. Member for Hallam examines Hansard, he will find that I have made a carefully balanced case, as is always my desire.
My hon. Friend the Member for Normanton (Mr. O'Brien) is not sitting complacently on the Front Bench. He is sitting, as he usually does, with a sharp eye, taking an interest in this matter, hour after hour to his great credit. He has long experience and expertise in local government affairs and we are grateful that he is here today to give us the benefit of his knowledge and application in this matter.rose—
rose—
No; I shall give way to my hon. Friend the Member for Normanton.
I am grateful to my hon. Friend for giving way and for the opportunity to explain the situation that was outlined by the hon. Member for Sheffield, Hallam (Mr. Patnick). Sir Jack Smart is chairman of the Wakefield area health authority, but that authority is in tremendous difficulty because it is having to bow to pressures from Ministers. Because Sir Jack will not accept those pressures, we are to have an inquiry into the operation of the health authority. We are asking for a n independent inquiry. That is the measure of it. I advise my hon. Friend the Member for Bradford, South (Mr. Cryer) that that is exactly the result that will come about unless we get the right balance in appointments to the trusts. I hope that my hon. Friend will dwell further on that issue because it is important and we must highlight it. We must convince the hon. Member for Hallam about how wrong he is on such issues.
Order. The House has spent sufficient time discussing the Health Service and appointments of chairmen. We should now get back to housing action trusts.
Certainly, Mr. Deputy Speaker. You have been helpful in assuring us that the House retains a balance in these discussions.
My hon. Friend the Member for Normanton has illustrated the point that I was making: that the Secretary of State should not have the absolute powers that he is given in the legislation because, when a Secretary of State in a Conservative Government is given such absolute powers in areas where there can be specific qualifications, to which I shall turn in a moment, he must have regard to vague generalities. He will usually appoint a majority of Conservatives to a board, possibly with a Labour figurehead to give a fake appearance of balance. That causes difficulties, and the circumstances that my hon. Friend has described have illustrated those difficulties which, when all is said and done, have not helped the Health Service. If the Secretary of State for the Environment appoints in like spirit, it will not help the administration of the housing action trusts. Although we are opposed to housing action trusts, we are putting forward proposals to improve the legislation. There is always a grey area for an Opposition: do they simply oppose legislation tooth and nail and vote against every Government amendment—the large number of amendments to the Bill show how badly drafted it is—or do they say that they are opposed to the legislation but will try to improve it? In a spirit of constructive opposition, the Labour party is doing the latter. We are putting forward a constructive amendment to curb the powers of the Secretary of State. We are saying not that he should choose people in a political ballot—we know that he would not do that anyway—but that the majority of members of a trust shall be resident in the designated area. The Minister said that there may not be enough talented and able people to participate in a trust. I should have thought that there would be a body of people dealing with the trust's affairs—to which the Minister has not yet made us all privy—with the knowledge, gained from experience, to ensure that the trust operated to the benefit of those living in the area. By and large, it is a truism that the people who live in an area have their own interests at heart and want the area developed for those interests. People who come to the area do not have quite the same vested interests and desires. I wonder whether the Department of the Environment would have had so many disasters on its hands in the 1950s and 1960s, when it was busy peddling tower blocks through grant aid, if the architects who designed them and the civil servants who promoted them had had to live on the top floor with a family for a minimum of five years after completion. I should have thought it salutary for an architect to have to explain all his plans and drawings to the community and then say that he will live there to share the experience. If that had been a criterion, there would not have been so many tower blocks foisted on local authorities by grant aid. Local authorities are even more hard pressed than those in the past. Tower blocks have not been a success. This is due in part to the fact that there was no shared experience between the architects who promoted them and the civil servants in the Department of the Environment who were busy promoting them. We are now facing the whirlwind of that ill-judged planning debacle. The Department of the Environment must now fork out money—not enough—to get the tower blocks out of the way so that the kind of houses that people want can be built. By and large, people were not consulted about the development of the tower blocks. They were not given the right of democratic participation, except through local elections, which avenue, although unsatisfactory, was better than the Government's proposals. This fact points once again to the desirability of a majority of members of a trust being resident in the designated area. I do not know what the SLD will say about the amendments; I suppose the policy of the moment will depend on which Member is in the House. Certainly the Labour Opposition put this forward as a basic, common sense policy. 1 pm There has been a reference to lush villages in the stockbroker belt in Surrey which have a high Conservative voting turnout. If we proposed that a quango should take over the running of such a village, would the Government suggest that a group of people from, say, Lambeth should run parts of Esher? Of course not. They would say that there are a lot of chaps and chapesses there who can run their own affairs. The proposal that the Secretary of State should appoint people resident in the designated area as a majority of the trust has much to commend it. It does not take away the right of appointment; it modifies it to ensure that the Secretary of State takes note of the interests of the people who are vitally concerned in the housing action trust. That would be better than the political manipulation which we have seen by the Government in so many parts of life which they have atrophied by the application of misleading and misguided policies. The first part of amendment No. 330 would provide:The second part does not affect people who are likely to become tenants. In the same way as I gave a parallel to amendment No. 91 by saying that residents in the designated area are more likely to have the interests of their own area at heart than even well-meaning people from outside, I think that amendment No. 330 is useful. The Government should use that philosophy more widely when drafting, for example, legislation on company law. As a side issue, let me refer to the appointment of Peter Luff as an adviser in the Department of Trade and Industry. He was employed by Good Relations, which is part of the Luff group which is being investigated by the Department of Trade and Industry. Under the criteria in amendment No. 330, the Secretary of State could not have appointed him. Having criticised the Government, I accept that after constructive pressure from my hon. Friends in Committee the Government have proposed an amendment which will make a useful addition to the Bill. Even though it is muddied patchwork, and even though we are opposed to it in principle, it demonstrates, as we have been demonstrating all through the night, that the Labour Opposition are trying to be constructive when the Government are trampling on the rights of Parliament by trying to push this legislation through the House. The hours of debate show how the Labour party is standing up for the rights of ordinary tenants against housing action trusts by putting forward modest, minor amendments to improve the legislation. We are bitterly disappointed by the Government's unwillingness to accept amendment No. 91. It was tabled in a spirit of helpfulness, yet the Minister spent only two minutes in dismissing it—I thought somewhat contemptuously. I regret that some of the arrogance of the toff who is the Secretary of State is rubbing off on the Minister of State. It is alarming that that should happen; perhaps it is a fungus that is spreading throughout the Department. If that is the case, it ought to get in a few fungicides. The Secretary of State's response was unsatisfactory, and failed to rebut adequately the proposals in amendment No. 91. I shall urge my hon. Friends to vote for that amendment, but, again in a spirit of helpfulness, I say that it would be a mistake to vote against amendment No. 330, which would give some modest assistance in what is otherwise a terrible imposition upon tenants and local authorities alike. That attitude reflects the work we have been trying to do through the night to improve the muddy mess that the Government have presented."Before appointing a person to be a member of a trust the Secretary of State shall satisfy himself that that person will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose."
I am delighted to make a contribution to this debate, and believe that hon. Members should address their minds to a vexing problem of green belt protection confronting my right hon. Friend the Secretary of State. I introduce the topic for a particular reason. We wish to regenerate a number of urban areas. There is much dormant and under-utilised land—
Order. The House is debating means and methods of making appointments to housing action trusts. The hon. Gentleman is a long way from that subject.
The establishment of trusts will enable the regeneration of urban areas and re-utilisation of dormant land, which in most cases is in public ownership. I do not know how many hundreds of thousands of acres of under-utilised land there are—
Order. The House is debating not the functions of the trusts but appointments to them.
We must make the right appointments, selecting people who will appreciate the value of our objective, and who will co-operate with the Government. It will be unsatisfactory if people are appointed who are not prepared to do that which the Government wish—[HON. MEMBERS: "Oh!"]. It matters not of whatever political persuasion that Government might be, given that such is the will of the nation, as would be this measure if it is passed by the House. If the right appointments are not made, additional pressures will be placed on the green belt.
Hon. Members should remind themselves of the trust's framework. It will use public and private resources in renovating an estate and providing tenants with a better housing environment. That is an obligation placed on those appointed. The Secretary of State will be asked to ensure that there is tenant representation and that local authorities will be consulted about the appointment of local residents or others having special local knowledge. The trust will also have a duty to co-operate with the local authority in respect of its responsibilities towards the homeless. Once the trust has completed its task, it will transfer its housing stock to other landlords, who must be approved by the Housing Corporation. Any tenant who wishes to return to a local authority when the work of a housing action trust is complete will be able to do so, provided the local authority is willing. Council housing will be transferred from the local authority and managed by a trust established by the Secretary of State. This is the Government's effort to regenerate the nation's worst council estates, and it is important to appoint like-minded and sensible people of whatever political persuasion. The Government are trying to help the people. They are trying to save the green belt, and this is an important way of doing it.Our amendment seeks an assurance that the majority of members of a housing action trust will be local residents. I should have thought that any Government and any fair-minded person would be only too willing to ensure that local people were active and well-represented on those boards. For the life of me, I cannot understand the Government's objection to the idea. When all is said and clone, the Secretary of State would still have powers to select the chairman, vice-chairman and up to five other board members.
This move is another step towards fulfilling the Government's desire to wipe out democratically elected local authorities or at least major parts of their duties. It is a retrograde step. The people who live in those areas should have an avenue of complaint to board members. With local authorities, people have an avenue—mostly to their elected members—at least to let off steam. That avenue will not exist if the boards are run by people selected by the Secretary of State. I should have thought that the Secretary of State would at least ensure a majority of local people on the boards. The boards will affect many people's lives, but there will be few avenues for representations by those people. We have all had experience of water boards and area health authorities. Even Members of Parliament have difficulty making representations to those people. The press is not allowed to report board meetings. There is no information and no avenue of representation for the public. Even at this late stage, I hope that the Minister will consider accepting our modest amendment. I have had some bad experiences with my local health authority. I have been unable to obtain information that the public requires, and we have been unable to make proper representations to try to stop savage cuts in our health services. Were the health authority composed of elected members it would be much more responsive to the public. Recently in my constituency I have had experience of a charitable trust—I do not yet know who appoints its members—that gives very little information—Order. If I allowed the debate to continue along those lines, it would create infinite possibilities, and I cannot do it. We must return to the appointment of members of housing action trusts.
I was comparing my experience of those boards with what will undoubtedly happen with the housing action trusts, but I accept your ruling, Mr. Deputy Speaker. It is a worthwhile exercise to examine boards that have been set up in a similar way to those suggested boards. We can make our case only by comparison with such similar boards.
1.15 pm In my constituency there is the alms houses charity trust. Great concern has been expressed about the allocation of the alms houses, and there is no avenue for people to get information about, for example, how the tenancies are let. Similarly, under the Bill, these boards will be administered and people will carry out substantial duties, which will affect many lives, and unless a majority of people residing in the area—or at least people whom those in the area know—are represented, there will be problems. We are all aware, particularly if we reside in our constituencies, that people know their Member of Parliament and can approach him. That is a safety valve, which will not exist in this scheme unless there is local representation. We are going down a dangerous path. We are taking away democratically elected members and we are taking away duties from elected local authorities and giving them to these boards. For the life of me, I cannot believe that any fair-minded person would not want these boards to be manned by local representatives. I hope that the Secretary of State will not select the representatives on these boards purely because of their political persuasions. The track record of bodies made up of those appointed by Government shows that they are politically biased, and anyone who suggests otherwise is not being honest. We all know that that is the case. What guarantee is there, even if this amendment is accepted, that the boards will not be staffed solely by politically motivated people? We heard reference earlier to the Wakefield area health authority. I have nothing to say about that, because it is not in my area, but I have something to say about the Pontefract area health authority, which is 100 per cent. staffed by political appointees. As a result, the policies of this Government have been carried out slavishly in that health authority. The dangers are there, and I hope that, if the Government want to show that they are fair and honest and believe in their policies, they will at least accept an amendment that is just and fair and would be for the benefit of the local people.I do not intend to make a long speech, but one or two points must be made, not least because amendment No. 91 is infinitely the best of the four amendments before us. Over the past three or four years, Ministers have delivered diatribes against local authorities for not going far enough in divesting responsibility to their tenants. Comments have been made about "aldermen tortoises", and the Minister has boasted that power would be transferred to the tenants. Therefore, logic and consistency would require the Government to view amendment No. 91 as favourably as we do.
One or two aspects of the other amendments cause me grave concern partly because over recent years the Government have shown that they believe that the first qualification for anyone to be appointed to any position is for that person to be "one of us". However, the people from among the Government's ranks and their political supporters have frequently shown their unsuitability. The record of public appointments over the past five or six years is full of examples of people appointed to positions, perhaps because the Government assumed that they had special knowledge, but whose performance has been somewhat less than successful. I base my anxiety on my constituency experience. My hon. Friend the Member for Rother Valley (Mr. Barron) is aware that there is an industrial estate in part of my constituency that is close to his constituency. I saw an opportunity for a substantial number of jobs to be created there. We sought the support of the Department of Trade and Industry, but the Secretary of State refused it. After pressure from me he referred the matter to his advisory committee for the Yorkshire and Humberside region. Those gifted people with special knowledge who enjoyed the Government's support recommended that the support should not be given because that would not be in the interests of the region or the community. At that time we had the highest unemployment level in England. I made inquiries about the advisory committee consisting of people appointed by the Secretary of State. When I looked at a list of the members I discovered that a substantial proportion of them did not live in the Yorkshire and Humberside region. They may have had special knowledge, which will be retained despite Government amendment No. 328. I am more concerned that people who live in the area and who understand the reality of the area should be appointed. I would much prefer the Minister to accept amendment No. 91 which would ensure that the majority of the members of the trust live in the area than that he should appoint people whom he believes possess special knowledge. The kind of knowledge which the Secretary of State might consider to be special may not necessarily confer an ability on those people to give advice on the management of housing. I was also somewhat surprised at my hon. Friend the Member for Bradford, South (Mr. Cryer) being rather more kindly disposed towards amendment No. 330. The amendment contains a reference toThat is"no financial or other interest."
that the Government or the Secretary of State might imagine would disqualify the individual from service on the trusts. The Government take a rather more relaxed view of profit and of the principle of motivation of service than many hon. Members. Although the hon. Member for Littleborough and Saddleworth (Mr. Dickens) took a fairly generous view of the Government's position, he had the audacity to say that he was concerned and wanted appointments to reflect the concern about the green belt. We have seen the Secretary of State for the Environment overturn inspectors' recommendations about the protection of the green belt. We have seen a larger assault on the green belt under this Administration than under any Government since green belts were protected. We are therefore entitled to maintain—"no financial or other interest"
The hon. Gentleman is aware that he cannot substantiate that claim. There is now twice as much confirmed green belt as there was when the Labour party left office.
rose—
Order. I can now see the wisdom of my reproach directed to the hon. Member for Littleborough and Saddleworth (Mr. Dickens). It appears that there may be an attempt to have a debate on the green belt. We cannot have that and I hope that we shall return to the amendments before the House.
I am delighted by your advice, Mr. Deputy Speaker, because I certainly did not wish to see the debate extended. We can pursue the Minister's point on some other occasion. It is not appropriate to do so now, except to say that several of us, not necessarily on these Benches, are deeply worried about the quality of the advice which the Secretary of State seems most disposed to take. The wisdom of that advice hardly suggests that the Secretary of State is the best judge of a special knowledge or a financial disqualification. Indeed, he is probably the worst judge.
I thought that the hon. Member for Littleborough and Saddleworth (Mr. Dickens) was willing to accept amendment No. 91 providing that the local people, who would be a majority on the housing trust board, did what the Government wanted them to do. Did my hon. Friend also get that impression?
Yes; my hon. Friend is absolutely right. Just as I have grave doubts about the Secretary of State's capacity to perceive a special knowledge and a disqualification, so I have grave doubts about the meaningful nature of any consultation on which the Secretary of State may embark with each local housing authority whose district is included in the designated area covered by amendment No. 329. I can imagine what sort of consultation will be carried out. Let us suppose that of three housing authorities serving a designated area, two are good Labour authorities and one a poor Conservative authority. [Laughter.] The hon. Member for Staffordshire, South-East (Mr. Lightbown) may laugh. He may be surprised to hear that there are Conservative authorities in areas where housing trusts would be designated, but there must be some and it would be reasonable to suggest that they would not be good. If the Secretary of State complied with his obligation to consult those three authorities, I know to which he would be most eager to pay attention, and it would not be the good ones.
Heaven knows why the Government have to get themselves into the difficulty which their amendments will create. They will land themselves in trouble because the special knowledge will be criticised and the people whom they appoint will not necessarily enjoy public confidence. The record suggests that probably they will not. They will get into trouble when they take a lighter view of financial disqualifications. It would be simpler and easier for the Government—I think that some Ministers shared this view when these matters were being considered—to accept amendment No. 91 instead of the foolish amendments which they are tying around their neck. I urge the Minister at least to recognise that a voice or two may be raised in the other place in favour of amendment No. 91 and that amendments Nos. 328 to 330 risk pitfalls and embarrassment, and will engender anxiety, if not condemnation.Does the hon. Gentleman recollect the Government's excellent record on making appointments to such bodies and the sanctions available? Many people whose performance is in question have short extensions to see whether their performance will improve and after a short term they are replaced. People of all political persuasions are appointed to these bodies and the Government look first and foremost at their performance in a job, which is important. The hon. Gentleman forgets that. It must be because of the frustrations of being in opposition for so long.
I shall not respond at length to the hon. Gentleman except to say that he is already in deep trouble. If we were not short of time I would raise a point of order about the excessive domination of an individual in this Chamber—[Interruption.]
1.30 pm
On a point of order, Mr. Deputy Speaker. Is it in order for the Government Chief Whip to intimidate innocent, humble, Back Benchers in such a threatening, offensive and brazen way?
I merely saw two hon. Gentlemen on the Government Benches having a conversation. I regret the fact that several conversations seem to be taking place simultaneously.
Just as I was about to respond to the intervention from the hon. Member for Littleborough and Saddleworth, the Government's disciplinarian went to talk to him and made it impossible for me to fulfil the normal courtesies of the House.
The hon. Member for Littleborough and Saddleworth appears to believe that all Government appointments are successful except for those few instances when failure leads to dismissal—no one objects to the dismissal of those who demonstrate their incapacity. If the hon. Gentleman analyses those who enjoy Government support and preferment, he will discover—he should have perceived it, because, unlike most of his colleagues, he is a north country Member—that a disproportionate number of Government appointees come from the south of England. Housing illustrates the weakness of the Conservative attitude. I recall how in the 1970s the then Secretary of State for the Environment, Tony Crosland, appointed an individual to be the chief housing adviser who had served in the Rotherham area and who was a Geordie with considerable experience of the north-east. That appointment was regarded as an astonishing step for a Secretary of State to take in the southern half of England. The same could be said about the recognition of merit. Those who work in the City of London are much more likely to receive recognition than those who are 200 miles further north. If anyone 200 miles further north receives recognition, that demonstrates that he is especially outstanding. I shall not pursue that matter any further, but I believe that my hon. Friend the Member for Rother Valley understands the reference I have made. I commend amendment No. 91. I suggest that it is in tune with the various public pronouncements that have been made by the Minister in the past 12 months. Certainly the amendment is consistent with the remarks that have been made by those who held the ministerial office before him. It would remove future embarrassment for the Government and would enable tenants to understand that the Government have given them some consideration. Given that the Government are supposed to be opposed to quangos, the amendment would demonstrate that the Government were not seeking to create more jobs for the boys.The Minister was correct in saying that the amendments are the result of concessions made to the Opposition in Committee. We were worried that the housing action trusts would confer considerable powers and potential economic benefits on the people who serve on them. My hon. Friend the Member for Bradford, South (Mr. Cryer) was correct to say that Government amendment No. 330 is useful. Although my hon. Friend the Member for Wentworth (Mr. Hardy) is worried that that amendment is not strong enough, basically it addresses our fears about estate agents or other such people serving on housing action trusts. That would be undesirable. I accept that the Government's amendments are helpful, and I welcome them.
Amendment No. 91 is important for the reasons outlined by my hon. Friends. Our objection to so much of this Bill is that the Government have used and abused the concept of democracy as they think fit in its various parts. One clause allows dead people to vote so that their vote is counted in favour of a private landlord taking over a council housing area. The Government are allowing empty properties to be counted as yes votes, but, by rejecting amendment No. 91, they are saying that they will not allow a majority of local residents to be on the HAT board. They are taking away the powers of the local authority. The HATs will take away not only the housing powers of local authorities but their planning powers and a wide range of other powers—removing them from the elected representatives of the people, so that the ordinary person in the street can no longer turn to the council to complain about planning issues or housing matters; he or she will have to go to the housing action trust. Housing action trusts will be appointed; they will not be representative. If they do not have a majority of local people on their boards, we can only assume that at best they will constitute benign, benevolent dictatorships that decide what is best for the people, having listened to them first. If that works well, we shall be lucky. If it works badly, we could end up with the sort of misjudgments and mistakes that were widely made in the 1950s and 1960s, with some of the inappropriate high-rise buildings that went up then. We offer this warning to the Government. We accept that we have had useful concessions from the Government. I suggest to my hon. Friends that we should not vote on amendment No. 91, not because it is not useful but because we have debated this matter in considerable detail. Other important matters are coming up for discussion and I want to focus the House's attention on them.As planning will be taken over by the HATs, will they take over building control, too?
As I understand it, they will have full powers over planning, which will include certain aspects of building control—although, if my memory serves me aright, some of these areas do not necessarily come under local authority control now. However, I think that some aspects would fall under HAT control and others would not. My hon. Friend is right to be concerned about that.
It is possible for HATs to build parks or turn other areas into parks. They have significant powers, but we should move on to some of the following groups of amendments. I shall not press amendment No. 91 to a vote. I am grateful to the Government for the amendments that they have tabled in response to our requests, but this debate has served to show that the proposals are an abuse of the democratic process and that the Government have not thought through the consequence of legislating for the people of an area and removing their democratic right to a voice in it.Amendment agreed to.
Amendments made: No. 329, in page 87, line 31, at end add
'and before appointing any such person as a member he shall consult every local housing authority any part of whose district is included in the designated area'.
No. 330, in page 87, line 31, at end add—
'(1A) Before appointing a person to be a member of a trust the Secretary of State shall satisfy himself that that person will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.—[Mr. Waldegrave.]
I beg to move amendment No. 7, in page 89, line 2, at end insert
'subject to paragraph 13A below and'.
With this it will be convenient to discuss amendment No. 8, in page 89, line 4, at end insert
'13A. In section 100J(1)(f) of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, after "authority", there shall be inserted the following—
"and any reference to a principal council in sections 100A, 100B(1) in its provisions for the agenda of a meeting, 100B(3) and 100E in its application of sections 100A, 100B(1) and 100(3) includes a reference to a housing action trust established under Part III of the Housing Act 1988"'.'.
I am sorry that the hon. Member for Hornchurch (Mr. Squire) is not in his place. He may have been caught napping as the debate has proceeded through the night and into the morning, but he put his name to our amendments because they extend the provisions of the Local Government (Access to Information) Act 1985 to housing action trusts. The hon. Gentleman sponsored a private Member's Bill that became law with the support of the Government, and it dealt with access to information as it affects local authorities. So it would be logical, given the all-party campaign on freedom of information in local government, to extend the provisions of the access to information legislation to HATs. What is good for the local authority goose should be good for the housing action trust gander. The hon. Member for Hornchurch believes that, and so do I. The hon. Member for Southwark and Bermondsey (Mr. Hughes) was one of the major sponsors of the campaign for freedom of information and the trio consisted of myself, the hon. Member for Hornchurch and the hon. Member for Southwark and Bermondsey. We have all-party support for freedom of information and access to information.
It is important that people, the press and the media generally should have access to organisations such as the housing action trusts which govern the everyday lives of people. It was quite wrong for committees of local authorities to be able to go into secret session when discussing matters that were not official or state secrets, or did not involve the letting of contracts or commercial interests. All those things have been allowed for in the freedom of information legislation. Contractual or personal matters or the problems of an employee of a local authority, in this case the HAT, can be debated in camera. As well as the desire to provide freedom of information, there is also a desire to safeguard the privacy of people and commercial requirements when going out to tender. Measures are necessary to protect the interests of the local authority and the housing action trust. It is right that local authority committees should be open to the public and the press, that the minutes should be available and that notice of when committee meetings are to take place should be published. That enables the media and constituents and residents to know about the meetings. If it is right to apply such rules to local authority committees, surely they should be applied to the housing action trusts. As I have said, this is a non-political all-party approach to freedom of information. The Government support access to information in local government and such access should apply to the housing action trusts. A housing action trust is not an elected body, but an appointed quango that will govern a housing estate and its residents, who were previously governed by people who were directly elected. Because the people running the housing action trusts are not directly elected by the people being governed, we need this freedom of information and access to information legislation even more than we need it for local authorities. In the debate on previous amendments, the Government refused to consult residents before an area is declared to be under the control of a housing action trust. They refused not to declare it a housing action trust area if the residents were opposed to that, and they are about to refuse residents the right to have majority representation on the housing action trust. After all that, they surely will not want to deny the residents the right to know what the trusts are doing and talking about. It is the residents that the trusts will discuss and the residents or their representatives want to be able to go and observe at meetings of housing action trusts. They want to see the agenda in advance so that residents' associations can make representations to the members of the trust about what is to be discussed. If residents are to consult, participate or involve themselves in the activities of the housing action trusts, it is essential that the access to information and freedom of information legislation enshrined in the Local Government (Access to Information) Act 1985 be applied to the housing action trusts. We are not asking the Government for anything that is particularly political. It is not political dynamite and does not divide the political parties. I hope that the Minister will look favourably at these two amendments. I am sorry that the hon. Member for Hornchurch is not here to contribute to the debate. I know that the hon. Gentleman strongly supports freedom of and access to information not only for local government but all organisations. We do not want HATs to become like water authorities—meeting in secret, suspected by everyone and keeping the people whom they are there to serve in the dark. If the Government do not support the idea of applying the freedom of information legislation to HATs when they were so enthusiastic about its application to local authorities, one will begin to suspect their motives. The Government did not mind any machinery being used to criticise, attack and make things difficult for local authorities. They thought that the access to information legislation would do that rather than support residents', tenants' and consumers' rights. If they do not accept that the freedom of access to information legislation should apply to HATs, their motives will be open to suspicion.1.45 pm
I hope that the hon. Gentleman will be persuaded to withdraw his amendment when he realises that we are not quite as far apart as he thinks.
The amendments do not wholly apply the Local Government (Access to Information) Act 1985 to HATs but reasonably seek to pick out the parts that are applicable to them. The amendments recognise that we should consider the structure of HATs and how access to them can be made to work. In Committee we discussed in detail how HATs will be accountable through the House to the Secretary of State. They will be controlled through the corporate planning system and will have to submit annual reports to Parliament. We are about to discuss an amendment that was promised in Committee to allow the National Audit Office access to HATs so that the financial and ultimate accountabilities of the House are clear. We have been discussing how to build in provisions to make HATs responsive to tenants' needs. I accept the argument advanced by the lion. Member for Bootle (Mr. Roberts) that tenants cannot take part in HATs unless they have reasonable access to information and what is going on. We have reconsidered this matter and in Manchester I made an announcement, which was generally welcomed, that the Secretary of State will use his powers of direction to require HATs to hold their meetings in public. The hon. Gentleman said that water authorities in England do not meet in public, but HATs will be different in that respect. I am sure that the HATs' boards will only profit from that. They will have to be extremely close to tenants if they are to succeed in their tasks. The amendments would cover committees and sub-committees as well as boards and would specifically require all meetings, except those exempted under schedule 12A to the Local Government Act 1972, to be open and for agendas and papers to be available for inspection. As we do not have a picture of the best organisational structure for a HAT, it is premature to decide whether the detailed provisions of that Act are the best way forward. The Secretary of State's directions to HATs for their meetings will cover the circumstances in which HATs may decide to hold their meetings in private. A local authority planning committee may want to discuss in private confidential commercial material or individual matters to do with a tenant. Obviously a local authority will want to protect the interests of the tenant, so we shall set out the circumstances in which we think it proper for a HAT to meet in private. In general, FIAT board meetings should be held in public. We shall look closely at the provisions of schedule 12A to the 1972 Act to see how they may best be applied to HATs when we have decided their structure. It would be silly to apply detailed requirements that would not fit with what happens on the ground. I hope that the hon. Member for Bootle will accept that we have taken steps in the direction that he wants and will consider withdrawing his amendment.It is a refreshing change to have a response from the Minister that satisfies virtually everything that the Opposition have requested. Although we have been dissatisfied with the Minister's consultation arguments, it appears that, in this case, the Government have accepted our arguments and come forward with a suitable amendment.
In the light of the Minister's comments that access to information legislation will, in effect, be applied to HATs and that they will meet in public and be open to the press and the media, and as about 98 per cent. of our other requests appear to have been met, I beg to ask leave to withdraw the amendment.Amendment, by leave, withdrawn.
Schedule 6
Housing Action Trusts: Finance Etc
I beg to move amendment No. 331, in page 93, line 5, at end insert—
Again, this amendment was requested by the Committee, which quite properly said that the National Audit Office should have access to HATs to carry out value-for-money audits.'(5) Section 6 of the National Audit Act 1983 (which enables the Comptroller and Auditor General to conduct examinations into the economy, efficiency and effectiveness with which certain departments, authorities and bodies have used their resources) shall apply to a trust.'.
We welcome the Government's concession and are pleased that the National Audit Office will report on the HATs. It is a valuable organisation—it has, for example, just published a report on the Liverpool Docklands corporation. That excellent report highlights many of the shortcomings in the corporation and the way in which it has been administered. If a local authority had been so criticised by the NAO, there would have been a scandal. At least the report was published and it can be debated.
Although we welcome the concession, we want to know whether the NAO reports will be published and whether they can be debated in the House. It is no good producing reports unless they are published. If the NAO is to publish its reports, we wholeheartedly welcome the Government's proposals.I think that I am right in saying that the NAO reports are always published, and certainly they should be in this case.
Amendment agreed to.
I beg to move amendment No. 332, in page 93, line 28, at end insert —
The amendment meets the point raised in Committee by the hon. Member for Leeds, West (Mr. Battle). He did stalwart service during the middle of the night, and it is understandable that he is not in his place now, and we certainly do not hold that against him. The hon. Gentleman said in Committee that it would be fair for details of financial assistance by HATs to other bodies to be published in the annual reports so that we would know what sort of bodies they were supporting. We agreed to that and the amendment meets his request.'( ) Without prejudice to the generality of sub-paragraph (1) above, a report shall give particulars of the name and address of every person who, in the financial year to which the report relates, has received financial assistance from the trust under section 66(1) of this Act, together with particulars of the form of the assistance, the amount involved and the purpose for which the assistance was given.'.
Amendment agreed to.
Clause 58
Objects And General Powers Of Housing Action Trusts
Amendment made: No. 298, in page 42, line 45, at end add —
'( ) Section 71 of the Race Relations Act 1976 (local authorities: general statutory duty) shall apply to a housing action trust as it applies to a local authority.'.—[Mr. Waldegrave.]
Clause 59
The Housing Action Trust's Proposals For Its Area
I beg to move amendment No. 89, in page 43, line 8, at end insert —
'(1A) The statement shall include the trust's intended policy on—
We want some definition in the legislation of what a HAT will do and of its functions and its limitations. That is why amendment No. 89 is important. We want a statement of the activities of the trust to include its intended policy on the implementation of its duties under section 71 of the Race Relations Act 1976. We do not think that the Government will disagree with that. Indeed, there was a major discussion on that issue earlier in our debates. We want the trust to adhere to the codes of practice issued by the Commission for Racial Equality and the Equal Opportunities Commission. That has been one of our major disagreements because, although the Government accepted the need for action under section 71 of the Race Relations Act, it was difficult to convince them that a trust should have some responsibility for equal opportunities. That does not surprise us because in all the legislation, including this legislation, the Local Government Bill and the Local Government Finance Bill, the Government have paid scant attention to equal opportunities and have legislated to prevent local authorities from being concerned about equal opportunities. However, we should like housing action trusts to be concerned about them and to take account of what the Equal Opportunities Commission has to say. That is important. We want the rents and service charges policies of housing action trusts to be spelt out. The Government's definitions of market rents, affordable rents, fair rents, reasonable rents, assured tenancies and secure tenancies have always been rather nebulous. The Government have been moving the goalposts throughout the course of the Bill in respect of their definitions of rents. Although it may take a few years, they will return housing to the market place wherever they can and thus have a free market in housing and have high market rents which relate to what people can charge. So far as Ministers are concerned, the higher the rents the better. However, because of the criticism, pressure and worries about the political consequences of that proposal, the Government have hedged their bets. They have talked about affordable rents in the housing association sector —whatever that means—and market rents in the private sector, and they have given some assurances about the nature and level of rents for council housing and housing estates taken over by private organisations. However, we have not had any assurances about the levels for housing action trusts and what they might be in the future, whether they will he affordable and remain fair, or whether they will he market rents and how quickly the Government's aim of market rents will be achieved. We would like the housing action trusts' intended polices to be spelt out when any HATs are declared. The same is true of service charges. Basically that is a way of obtaining more rent than is allowed under the machinery to which any organisation must submit itself in respect of rent. If there are ways of charging higher rents through loopholes in respect of service charges, they should be spelt out and any abuse prevented. The Government should be sympathetic to that because they were keen to criticise any local authority that happened to be Labour-controlled and used service charges in connection with the right-to-buy provisions in the Government's legislation. We do not believe that service charges should be used in the legislation to allow HATs to charge what would be virtually higher rents than would otherwise be allowed in the legislation. We see no reason why the Government should not provide a policy statement in respect of HATs in that connection. We want to know, in advance of publication, any planned programme of renovation proposed by a HAT. We want to know about the disposal of the housing accommodation. That is one of the great fears of many council estate tenants throughout the country. It is not just a question of HATs taking over or of picking a landlord and handing over an estate to a private body. It is also a question of what will happen eventually to the housing when the HATs are wound up and the private landlords want to sell to another third party. We are most concerned about any proposals for the disposal of accommodation after the period during which the HAT has been operating and has done the job that the Government set. We need to know about that. We also need to know the HATs' response to the management guidance which was issued by the Secretary of State. We hear enough criticism about local authorities and responses are demanded from them on management guidance issues in the circulars issued by the Secretary of State. I imagine that the Secretary of State will give guidance to the HATs on management. We want to know what that guidance will be and what the HATs' response will be. As I have said, the programmes through which the trust will discharge its duties and make arrangements for its dissolution are major issues relating to exactly how the HATs will be dissolved. 2 pm In a later amendment we will consider the rights of the residents in housing action trusts to he able to opt to return to local authority control if they want to do so. If the Government believe in freedom of choice, they should give freedom to the residents of the declared housing action trust areas to determine their long-term future once the HAT has completed the job that the Government have set it. We understand that, having starved local authorities of resources by cutting housing investment programmes and subsidies for the housing revenue accounts, the Government feel guilty about the fact that local authorities which could have solved the problems of many of those council estates have been starved of the resources to do so. As a result, social problems have developed on those estates as well as problems with the fabric. We understand that, because the Government feel guilty about that, they have declared these HATs which will pump resources into the rundown estates. As the Government have been party to running down those estates, they want the housing action trusts operating so that they can deal with the problems of those inner-city estates. Having done that, there is no reason why in the future, once the job is done, and once the resources have been poured in, the local authority and the tenants should not have a say in their long-term future and in the type of tenancy under which they live. Tenants should have a say in whether the local authority should be their landlord. Again, if Conservative Members really believe in choice in housing, they will support that proposal and our amendment. As I have said, the amendment is wide-ranging and covers many policy areas for which HATs will be responsible. Whether they like it or not, the Government, or the HATs when they are established, must address those issues. It is right and proper that the House of Commons should put down its requirements now in the form of amendments if the management of the estate is to he taken over, often against the wishes of the tenants.(a) the implementation of its duties under section 71 of the Race Relations Act 1976; (b) adherence to codes of practice issued by the Commission for Racial Equality and the Equal Opportunities Commission; (c) rents and service charges; (d) any planned programme of renovation; (e) the disposal of housing accommodation; (f)its response to management guidance issued by the Secretary of State; and (g)the programme through which the trust will discharge its duties and make arrangements for its dissolution.'.
The argument is not about our objectives but about whether the Bill meets those objectives. The hon. Member for Bootle (Mr. Roberts) has stated that he is keen to see the objectives set out clearly and in detail. We believe that clause 59 achieves that. Clause 61 makes it clear that the statement which the HATs must produce should cover the HAT's proposals with regard to the exercise of its functions in that area. There is a clear requirement that housing action trusts should set out their proposals in relation to their responsibilities when drawing up that statement. Many of the items included in the amendment need to be addressed in the statement. We do not believe that it is right to set that out in advance and in detail on the face of the Bill, because the situation may be different in different HATs and we should wait to see what appear to be the proper priorities for the first statement from a HAT.
Opposition Members are anxious, as we all are, to keep an eye on the progress of HATs. That is why we are, in the first instance, committed to publishing our management guidance for HATs, which was welcomed when we made the commitment in Committee. Secondly, HATs will be subject to the corporate planning system which will annually review their progress against individually set performance measures. Thirdly, HATs will produce annual reports to be laid before both Houses of Parliament. Fourthly, we have fulfilled the commitment that we gave in Committee and have brought forward the amendment, which was welcomed generously by the hon. Member for Bootle, about giving the National Audit Office access to HATs. Taking that together with the extensive consultation requirements that are being placed on the HATs, HATs will be subject to close public scrutiny. By their nature, they will be subject to close scrutiny locally and in this place, and that is right. We would have to resist amendment No. 89 if it were pressed. I hope that, when the hon. Member for Bootle looks at the battery of constraints that we have placed on HATs, he will believe that we have met at least some part of his concern.We are not happy with the Government's response, although we accept that there have been some minor concessions. We should like the details to be spelt out in the Bill. Because the Government have not gone far enough, we will press the amendment to a Division.
Question put, That the amendment be made:—
The House divided: Ayes 136, Noes 189
Division No. 357]
| [2.5 pm
|
AYES
| |
Adams, Allen (Paisley N) | Griffiths, Win (Bridgend) |
Allen, Graham | Hardy, Peter |
Alton, David | Harman, Ms Harriet |
Archer, Rt Hon Peter | Haynes, Frank |
Armstrong, Hilary | Henderson, Doug |
Barnes, Harry (Derbyshire NE) | Home Robertson, John |
Barron, Kevin | Hood, Jimmy |
Battle, John | Hughes, John (Coventry NE) |
Beckett, Margaret | Hughes, Roy (Newport E) |
Beith, A. J. | Jones, Barry (Alyn & Deeside) |
Bell, Stuart | Jones, Ieuan (Ynys Môn) |
Bennett, A. F. (D'nt'n & R'dish) | Jones, Martyn (Clwyd S W) |
Blunkett, David | Kirkwood, Archy |
Boyes, Roland | Lamond, James |
Bradley, Keith | Leadbitter, Ted |
Bray, Dr Jeremy | Litherland, Robert |
Brown, Gordon (D'mline E) | Lloyd, Tony (Stratford) |
Brown, Nicholas (Newcastle E) | Lofthouse, Geoffrey |
Bruce, Malcolm (Gordon) | McAllion, John |
Buchan, Norman | McAvoy, Thomas |
Buckley, George J. | McCartney, Ian |
Caborn, Richard | Macdonald, Calum A. |
Canavan, Dennis | McFall, John |
Clelland, David | McKelvey, William |
Coleman, Donald | McNamara, Kevin |
Cousins, Jim | McTaggart, Bob |
Crowther, Stan | Madden, Max |
Cryer, Bob | Marek, Dr John |
Cummings, John | Martin, Michael J. (Springburn) |
Dalyell, Tam | Martlew, Eric |
Darling, Alistair | Maxton, John |
Davis, Terry (B'ham Hodge H'l) | Meale, Alan |
Dewar, Donald | Michael, Alun |
Dixon, Don | Michie, Bill (Sheffield Heeley) |
Doran, Frank | Millan, Rt Hon Bruce |
Duffy, A. E. P. | Moonie, Dr Lewis |
Dunnachie, Jimmy | Morgan, Rhodri |
Eastham, Ken | Morris, Rt Hon A. (W'shawe) |
Evans, John (St Helens N) | Mullin, Chris |
Ewing, Harry (Falkirk E) | Nellist, Dave |
Fearn, Ronald | Oakes, Rt Hon Gordon |
Field, Frank (Birkenhead) | O'Brien, William |
Flynn, Paul | O'Neill, Martin |
Foster, Derek | Orme, Rt Hon Stanley |
Fyfe, Maria | Parry, Robert |
Galbraith, Sam | Patchett, Terry |
Galloway, George | Pike, Peter L. |
Garrett, John (Norwich South) | Powell, Ray (Ogmore) |
Godman, Dr Norman A. | Primarolo, Dawn |
Golding, Mrs Llin | Quin, Ms Joyce |
Grant, Bernie (Tottenham) | Radice, Giles |
Randall, Stuart | Thompson, Jack (Wansbeck) |
Redmond, Martin | Turner, Dennis |
Reid, Dr John | Wall, Pat |
Richardson, Jo | Wallace, James |
Roberts, Allan (Bootle) | Wareing, Robert N. |
Rooker, Jeff | Welsh, Andrew (Angus E) |
Ruddock, Joan | Welsh, Michael (Doncaster N) |
Sedgemore, Brian | Williams, Rt Hon Alan |
Sheerman, Barry | Williams, Alan W. (Carm'then) |
Short, Clare | Wilson, Brian |
Skinner, Dennis | Winnick, David |
Smith, C. (Isl'ton & F'bury) | Wise, Mrs Audrey |
Soley, Clive | Worthington, Tony |
Spearing, Nigel | Wray, Jimmy |
Stott, Roger | Young, David (Bolton SE) |
Strang, Gavin | |
Taylor, Mrs Ann (Dewsbury) | Tellers for the Ayes: |
Taylor, Matthew (Truro) | Mr. Allen McKay and Mr. Frank Cook. |
Thomas, Dr Dafydd Elis |
NOES
| |
Adley, Robert | Gardiner, George |
Alexander, Richard | Garel-Jones, Tristan |
Alison, Rt Hon Michael | Goodhart, Sir Philip |
Allason, Rupert | Gorman, Mrs Teresa |
Amos, Alan | Gorst, John |
Arbuthnot, James | Grant, Sir Anthony (CambsSW) |
Arnold, Jacques (Gravesham) | Green way, Harry (Ealing N) |
Arnold, Tom (Hazel Grove) | Greenway, John (Ryedale) |
Ashby, David | Gregory, Conal |
Baldry, Tony | Griffiths, Sir Eldon (Bury St E') |
Banks, Robert (Harrogate) | Grist, Ian |
Bellingham, Henry | Grylls, Michael |
Bendall, Vivian | Hamilton, Hon Archie (Epsom) |
Benyon, W. | Hamilton, Neil (Tatton) |
Biffen, Rt Hon John | Hanley, Jeremy |
Blaker, Rt Hon Sir Peter | Hannam,John |
Boscawen, Hon Robert | Hargreaves, Ken (Hyndburn) |
Boswell, Tim | Harris, David |
Bowden, A (Brighton K'pto'n) | Haselhurst, Alan |
Bowden, Gerald (Dulwich) | Hawkins, Christopher |
Bowis, John | Hayward, Robert |
Boyson, Rt Hon Dr Sir Rhodes | Heathcoat-Amory, David |
Braine, Rt Hon Sir Bernard | Higgins, Rt Hon Terence L. |
Brandon-Bravo, Martin | Hind, Kenneth |
Brazier, Julian | Hogg, Hon Douglas (Gr'th'm) |
Brown, Michael (Brigg & Cl't's) | Holt, Richard |
Bruce, Ian (Dorset South) | Hordern, Sir Peter |
Buchanan-Smith, Rt Hon Alick | Howarth, Alan (Strat'd-on-A) |
Burns, Simon | Hughes, Robert G. (Harrow W) |
Burt, Alistair | Hunt, John (Ravensbourne) |
Butler, Chris | Hunter, Andrew |
Butterfill, John | Irvine, Michael |
Carlisle, Kenneth (Lincoln) | Jack, Michael |
Carrington, Matthew | Jackson, Robert |
Carttiss, Michael | Janman, Tim |
Chapman, Sydney | Kellett-Bowman, Dame Elaine |
Chope, Christopher | Key, Robert |
Clark, Hon Alan (Plym'th S'n) | King, Roger (B'ham N'thfield) |
Clark, Dr Michael (Rochford) | Kirkhope, Timothy |
Clark, Sir W. (Croydon S) | Knapman, Roger |
Clarke, Rt Hon K. (Rushcliffe) | Knight, Greg (Derby North) |
Conway, Derek | Knight, Dame Jill (Edgbaston) |
Critchley, Julian | Knowles, Michael |
Day, Stephen | Lang, Ian |
Devlin, Tim | Latham, Michael |
Dickens, Geoffrey | Lennox-Boyd, Hon Mark |
Dorrell, Stephen | Lester, Jim (Broxtowe) |
Douglas-Hamilton, Lord James | Lilley, Peter |
Dover, Den | Lloyd, Peter (Fareham) |
Durant, Tony | Lord, Michael |
Eggar, Tim | Lyell, Sir Nicholas |
Emery, Sir Peter | McNair-Wilson, P. (New Forest) |
Evennett, David | Malins, Humfrey |
Favell, Tony | Marland, Paul |
Field, Barry (Isle of Wight) | Marshall, Michael (Arundel) |
Fookes, Miss Janet | Martin, David (Portsmouth S) |
Forsyth, Michael (Stirling) | Mawhinney, Dr Brian |
Fox, Sir Marcus | Maxwell-Hyslop, Robin |
Gale, Roger | Mellor, David |
Meyer, Sir Anthony | Smith, Tim (Beaconsfield) |
Miller, Sir Hal | Soames, Hon Nicholas |
Mills, Iain | Speller, Tony |
Miscampbell, Norman | Spicer, Sir Jim (Dorset W) |
Mitchell, Andrew (Gedling) | Stanbrook, Ivor |
Montgomery, Sir Fergus | Stern, Michael |
Moore, Rt Hon John | Stevens, Lewis |
Morrison, Sir Charles | Sumberg, David |
Morrison, Rt Hon P (Chester) | Summerson, Hugo |
Moss, Malcolm | Taylor, Ian (Esher) |
Neale, Gerrard | Taylor, Teddy (S'end E) |
Nelson, Anthony | Thatcher, Rt Hon Margaret |
Neubert, Michael | Thompson, Patrick (Norwich N) |
Nicholson, David (Taunton) | Townend, John (Bridlington) |
Nicholson, Emma (Devon West) | Trippier, David |
Patnick, Irvine | Twinn, Dr Ian |
Pawsey, James | Viggers, Peter |
Peacock, Mrs Elizabeth | Waddington, Rt Hon David |
Porter, David (Waveney) | Wakeham, Rt Hon John |
Powell, William (Corby) | Waldegrave, Hon William |
Redwood, John | Walden, George |
Rhodes James, Robert | Walker, Bill (T'side North) |
Riddick, Graham | Ward, John |
Ridley, Rt Hon Nicholas | Wardle, Charles (Bexhill) |
Roe, Mrs Marion | Watts, John |
Rossi, Sir Hugh | Wells, Bowen |
Rost, Peter | Whitney, Ray |
Rowe, Andrew | Widdecombe, Ann |
Rumbold, Mrs Angela | Wilshire, David |
Ryder, Richard | Winterton, Mrs Ann |
Sackville, Hon Tom | Wolfson, Mark |
Sainsbury, Hon Tim | Wood, Timothy |
Shaw, Sir Michael (Scarb') | Young, Sir George (Acton) |
Shephard, Mrs G. (Norfolk SW) | |
Shepherd, Colin (Hereford) | Tellers for the Noes: |
Shepherd, Richard (Aldridge) | Mr. David Lightbown and Mr. David Maclean. |
Shersby, Michael | |
Sims, Roger |
Question accordingly negatived.
Clause 60
Housing Action Trust As Housing Authority Etc
Amendment made: No. 362, in page 44, line 19, at end insert—
'( ) Where a housing action trust is to exercise functions conferred on a local housing authority by any of Parts VI, VII, IX and XI of the Housing Act 1985, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.'.—[Mrs. Roe.]
Clause 61
Planning Control
2.15 pm
I beg to move amendment No. 311, in page 44, line 34, leave out 'after consultation with' and insert 'with the consent of'.
With this, it will be convenient to consider amendment No. 312, in page 44, line 35, leave out 'with' and insert 'of'.
Clause 61 of this controversial Bill confers planning control powers on the housing action trusts. As was said in an earlier debate, it is in itself a controversial matter, because, it will involve taking powers from the local borough or district council and putting them in the hands of a HAT. That is an exceptional step of which there has been only one previous example in this country, in urban development corporations. It is particularly controversial because, despite their reassuring name, housing action trusts are appointed by the Secretary of State. HATs are not accountable to local people and are not formally connected in any way with local councils, but fall entirely within the jurisdiction and direction of the Secretary of State.
The power that will be given to housing action trusts is controversial because they will be entirely within the remit of the Secretary of State and because they will remove powers from local authorities. The subsection about which I am worried states:I emphasise the latter few words because they mean that even if housing action trusts have an idea of what to do —they may have conducted some informal non-statutory consultation with the local authority or with the people whom they are supposed to benefit—the Secretary of State can modify those proposals. That is controversial because it means that Whitehall can modify a planning application made in Manchester, Newcastle or Wales without intervention by our democratic planning procedures. Under those procedures, appeals are made to the Secretary of State, cases are called in occasionally or there are public local inquiries to which the Secretary of State sends an inspector. In this case, not only will the planning proposal be drawn up not by the democratic planning committee but by the housing action trust, but the Secretary of State can modify the proposal without giving a reason and without democratic dialogue. The simple change that I propose would mean that, instead of just consulting the local planning authority on the development of land, the housing action trust must obtain its consent. The HAT may cover only a small area, whereas a planning district or borough may be fairly large and may require a range of technical expertise in its staff. For those small areas to have their own planning powers is a grotesque interference with the established structure of planning. By substituting "consent" for "consultation" wish to bring back the democratic process so that there can be a proper relationship between the housing action trust area and the much larger surrounding area. Let us take the example of docklands. As we know from an earlier debate, it is possible that a housing action trust will be established in the Canning Town area of the London borough of Newham. The area has a local plan and is subject to Newham's planning proposals. The facilities provided and the amount of open space established in the borough are regulated by a well-known planning process. The idea that people appointed by central Government should draw up a plan for the area that is unrelated to the plans of local elected councils and subject to central direction from the Secretary of State, with only the limited consultation available under the Bill, is wrong and undemocratic. We already have something like this—the London Docklands development corporation. It is a planning authority, which means that there is now no proper democratic accountability for its decisions other than through the House. Hon. Members know that we have a lot to do here, but it is ludicrous that accountability for certain decisions in my constituency is via the Secretary of State. The planning proposals that come from the LDDC are not subject to any democratic check other than across the Floor of the House or via the Royal Mail or, occasionally, the pigeonholes in the Central Lobby. At the moment, we have an important planning application for jets to use London City airport. The decision to put jets into an airport surrounded by tower blocks, flats and factories, some of them with important works, has aroused a great deal of local controversy. However, instead of the planning authority now considering an application by the airways people for those movements, and being responsible to the local people, it is responsible only to the LDDC, which in turn is responsible to the Minister. It will make the decision and, although local people may have a say, they will not decide. The same will apply to a housing action trust. I am not suggesting that there will be many airports bang in the middle of a HAT, but we do not know what applications there may be for high-value developments. Many such schemes—for example, for luxury flats—might easily be located in a HAT. For instance, there may be an area of open space which the HAT considers to be in excess of need. There is nothing to prevent it from selling off part of the space for a luxury hotel. The planning application would be agreed, and without let or hindrance the HAT would get the plan through. It is a nominee of the Secretary of State. Who would have believed that this Government, who talk about local freedoms, would establish a planning system in which somebody in Whitehall could determine the future use, "with or without modification", as clause 61 says, of somewhere in Nottingham, Cheshire or anywhere to the north of Berwick?"A housing action trust may submit to the Secretary of State proposals for the development of land within its designated area and the Secretary of State, after consultation with the local planning authority within whose area the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification."
Or Richmond.
It could be Richmond, although I doubt that HATs are likely to be there. It is not the sort of area that the Secretary of State has in mind.
Who would have supposed that a Conservative Government would have made such a proposal? What about the relationship between this proposal and the strategic plan? In an earlier debate, the Secretary of State, trying to be reassuring, said that the HATs will have to be in accordance with the strategic plan. The Secretary of State is not here, so I ask the Minister: what is the strategic plan for Greater London? We have not got one.The elimination of Labour seats.
The hon. Gentleman has brought me on to my next point about the elimination of the GLC.
No, Labour seats.
A Secretary of State may have the elimination of Labour seats in mind when he considers areas suitable for HATs—we have not yet been told where they will be. They are not being given to the people. Conservative Members say that they are being given to the people, but they are being given to the members of the housing action trust, who will be local gauleiters, local stewards of the Secretary of State, not only because they will have the ownership of the land which they will have purchased from the council at knock-down prices, including all the peasants, all the peons, all the villeins, cotters and bordars in occupation of the manor which at the moment belongs to the people, but they will also have planning permission for vacant land.
It is a formula for all sorts of problems to give people who are not democratically accountable locally the ownership of space plus the magic Midas touch of planning permission, and for all that to be subject to the diktat of the Secretary of State.2.30 pm
On a point of order, Mr. Speaker. Will you confirm that, as far as the House is concerned, it remains Tuesday and that Wednesday's business has now gone? Secondly, would it be possible for you to ask the Leader of the House to make a statement on business? He is not here, and I should have thought that the Leader of the House should be present to make a statement as soon as possible.
That is not a point of order. It remains Tuesday and we are debating amendment No. 311.
On a different point of order, Mr. Speaker. We are debating the Housing Bill, and the Opposition are doing that at length because of the importance of the subject and not with any wish to talk out any other business. [Interruption.]
Order. I fully accept that. The occupants of the Chair will ensure that the debate remains in order, as has been the case so far.
Further to that point of order, Mr. Speaker. I am very grateful for your last comment because there have been suggestions that there have been unduly lengthy speeches on some points. In case one or two of the rowdy hooligans on the Tory Benches failed to catch it, you, Mr. Speaker, have just confirmed that the debate has been conducted in good order throughout. The Labour Opposition certainly have been examining the Bill in detail. It deserves every bit of detailed consideration.
May I confirm what my hon. Friend has just said. In an earlier debate I moved a group of amendments at about 6.30 am which were voted on at about 12.30 pm. I do not recall at any time the occupant of the Chair calling any hon. Member to order for wandering beyond the scope of the amendments. Although I spoke at some length, I challenge anyone to look at Hansard and say that what I said was not necessary and important.
Just to put it on record, it would have been possible for the Government to have moved a closure motion. I am not saying that it would have been accepted because we were dealing with very important matters. If they had an intimation that it would not have been accepted, and therefore did not move it, that proves what my hon. Friend said, that the matters concerned were such that the Government did not claim to move a closure motion. Having made a little procedural detour, may I now revert to the Greater London council and its strategic plan. At the moment, there is no strategic planning in London. Therefore, for the Secretary of State to say that planning goes on as before and that the housing action trust will have to take account of the local strategic plan means that he does not understand that, although there was a strategic plan for London, and it stands for something, it cannot be updated. Nor can it be updated for the metropolitan counties because they have disappeared. How we are to have proper strategic planning in the metropolitan counties or in Greater London is becoming more apparent day by day. Every week we have some announcement from the Department of the Environment or the Department of Transport about studies concerning railways, roads, and airports or we receive rumours of new housing estates from various Departments willy-nilly and not at all co-ordinated. The Department of the Environment is now considering building large numbers of what are called low-cost areas in various parts of Greater London, particularly in east London. The Department is now in consultation with people about those areas. Some of them could be housing action trust areas, but in putting those areas on the map, and in discussions about them, there has been very little regard to strategic planning, particularly transport and roads, which are vital for getting people in and out of areas to and from work. Here we have yet another planning body spatchcocked into an already unsatisfactory situation. Also, the Secretary of State is given unprecedented powers centrally to determine what should happen. He does not even do that for the urban development corporations, which are bad enough. I can see what will happen. There will be more correspondence in the press, more letters, more Adjournment debates from enraged hon. Members, more deputations to the Department of the Environment in Marsham street and more confusion. When people in the areas ask, "Why can't the planning committee do something about it?" and they are told, "It is up to the Secretary of State", they will then say, "What? All the way down in London?". We get that from a Government who say that they believe in giving people freedom and choice, but this measure will do the very opposite. It will restrict choice. There is an example of what already has gone wrong in planning in London. I conclude my remarks on the benefits of the amendment by mentioning what has happened. At the moment east London is suffering from an enormous housing shortage. We all know that in London there is an extreme shortage of rented housing at reasonable rents because the Government have cut council house building by about half throughout the country. A few years ago the Government said, "We will regenerate east London. We will regenerate the docklands area. Let us have a docklands development corporation." There has been a lot of controversy about what has happened. I have the record of the other place for 1 July 1981. I believe that I cannot quote exactly the words said in the other place unless they are the words of a Minister, but in column 214 the Chairman of the Select Committee of the House of Lords, who, in my view mistakenly, permitted the London Docklands development corporation to proceed, said that the greatest need in docklands must always be for rented accommodation for people of modest means. He said that at the moment it was not possible for that to be built, but he looked forward to the day when it would be. We all know what has happened. We now have Canary wharf, 12 million sq ft of commercial property surrounded by similar developments, with a knock-on effect on housing values and no plans for any large area of municipal building. That has caused a great deal of trouble, not only in terms of transport but also for the local community. The knock-on effect on house price; is making it impossible for local people to stay. They are looking for even cheaper accommodation further away. In Newham the escalating cost of new houses means that families who have lived in the area for generations are now unable to stay. Whereas years ago in the same job they would have had a modest mortgage for a small house, that is no longer possible. That is because the LDDC, which is not democratically accountable locally either to the GLC, which has been dissolved, or to the local council, has got away with putting up Canary wharf without even a planning inquiry. I am not saying to the Minister that it therefore follows that there will be such developments in every housing action trust which is created. However, I am describing the danger of departing from the normal post-war planning laws that in broad terms were agreed by both sides. If that can happen disastrously in respect of the social and economic effects of a development such as Canary wharf, there could be many developments of that sort in any designated housing trust area. That could happen anywhere in the country, not only in London. Such plans would be under the direct authority of the Minister and he could modify them should he care to use the powers that are included in the Bill. It was wrong of the Government to draft the clause in this way. It would make much better sense if the word "consultation" were deleted and if the words "agreement of the local authority" were inserted. I hope to hear from the Minister that she will consider doing so. If the Government cannot do so now, I hope that they will be prepared to make the amendment when the Bill reaches another place in the next few weeks.I regret that these amendments represent a further attempt by the Opposition to frustrate the objectives of housing action trusts. Not content with the provisions in clause 61 that require the Secretary of State to consult local planning authorities about a housing action trust's development proposals, or with the provisions in clause 59 that require HATs to consult authorities about their general proposals for the designated area, the amendments seek to add a further layer of planning bureaucracy.
The hon. Member for Newham, South (Mr. Spearing) is concerned about the lack of a strategic plan for London. There is now a London planning advisory committee to which the Secretary of State has issued guidelines, on the basis of which the committee is in the process of drawing up strategic guidance. If HATs are proposed for London, that guidance will be taken into account. We have made it clear that we do not intend HATs to take over the role of local planning authorities in drawing up formal development plans and we shall expect HATs have regard to such plans when working out their proposals. That reaffirms our wish to see co-operative working arrangements being developed between HATs and local authorities. However, the job that HATS are being set up to do is urgent. The people who currently live in run-down areas dominated by unattractive council estates deserve to see early results. If that can be achieved in harmony with local planning authorities I shall be delighted, but we are not prepared to risk obstruction from those who want HATs to fail. Clause 61 is therefore necessary to achieve that purpose. We have built in adequate consultation procedures with local authorities both in respect of a housing action trust's general proposals and its development intentions. Beyond that, we have already debated the extent to which HATs will be accountable for their activities. There is therefore no justification for the amendments and I invite hon. Members to reject them.In Committee, the Opposition made it clear that they oppose the need to establish housing action trusts, but we welcome the fact that for the first time in nine years the Government have committed themselves to providing additional resources for problem council estates that need money to be spent on them to revitalise them. The Opposition Front Bench view is that the best way to deal with problem estates would be to provide the necessary resources to local authorities to carry out the job, in consultation with, and with the co-operation of, their tenants.
Many of the local authorities in which HATs are to be declared have already consulted their tenants and have drawn up plans for their problem estates. For example, that is true of the Hulme estate in Manchester. All that is preventing action being taken by the local authority, in consultation and in conjunction with their tenants, is the Government's refusal to give to local authorities the resources that they need to do the job. That has been the position for nine years. Housing action trusts do not need to be declared before the Government can make money available to local authorities to deal with problem estates. We recognise that problem estates exist and that the only way to deal with them is to pump into them the necessary resources. If the Government push through their legislation, against all the advice that they have been given by the Opposition, no local authority in its right mind will oppose additional resources coming its way, but we are opposed to the bureaucratic machine that is to be established to spend that money. We are opposed to the fact that the tenants and the planning authority will not be involved or consulted. The worst way to deal with a problem estate is for the Secretary of State to appoint a non-elected quango that will probably act against the wishes of the residents. Instead of tenants benefiting from modernisation, renovation and improvements, they might be driven out by gentrification and yuppification, as some Conservative Members implied earlier. My hon. Friend the Member for Newham, South (Mr. Spearing) has moved an amendment that would restore accountability, democracy and reasonable planning procedures to housing action trusts. It is not a wrecking tactic. The Government ought to welcome my hon. Friend's amendment.2.45 pm
With the leave of the House, Mr. Speaker, I should like to comment on the Minister's reply. I was astonished by its brevity and illogicality. She will correct me if I am wrong, but I think she said that my amendment would add yet another layer of planning bureaucracy to that which already exists.
indicated assent.
The Minister nods her head. I do not suggest that planning is without its bureaucracy. Many people get up-tight when they are told that they cannot have planning permission, but one man's bureaucracy is another man's protection.
The additional layer of bureaucracy is not in the amendment; it is in the Bill. The amendment seeks to remove the additional layer of bureaucracy that the Secretary of State is imposing on local authorities. I expected a higher standard of accuracy from the Minister. If she would care to withdraw her accusation that my amendment imposes an additional layer of bureaucracy, I should be very pleased to accept an apology. To accuse me of imposing an additional layer of bureaucracy when that is what the Bill is doing takes the biscuit. It is not even up to Standing Committee standard on a bad Wednesday morning, let alone on the Floor of the House. Standards in Marsham street must be dropping quite remarkably. The Minister also said that there is a strategic plan for London and that the London planning advisory committee has been asked to get on with it. That committee is what it is called; it is an advisory committee. It does not have the resources of the old Greater London council. It does not know the views of local people, through their elected representatives. Representatives of the borough councils serve on the advisory committee, but borough councils have their own particular view. As a Member of Parliament with a London constituency, you will know, Mr. Speaker, that Croydon is all that matters to the councillors of Croydon and Newham is all that matters to the councillors of Newham. That must apply also to Kensington. Kensington is everything to the councillors of Kensington. Can we expect them to get together in the London planning advisory committee and sort out an effective strategic plan for London? I suggest that that is impossible. The Minister also referred to run-down council estates. There may be a need to rehabilitate, rejuvenate and regenerate—a word that is being used in connection with the London Docklands development corporation. It may be regenerating the environment, but the LDDC is not regenerating communities. Will those run-down council estates be assisted by development for which local authorities cannot give planning permission? In the amendment, we are talking about not money but planning. What planning permission could be given by a HAT that could not be given by a local authority to an applicant to improve the quality of the environment of those estates? That will not require a new planning authority. I suggest that the Government have a different objective in mind. Why? Because it is in the Bill. Clause 58(1)(c) states that the objective of a housing trust isThat is the objective of a HAT. A landlord who wishes to develop the slice of territory that he has been given by the HAT may make a planning application. At present, if the change to a new landlord has been effected by one of the voluntary arrangements in the White Paper, the landlord is still subject to planning permission from the borough. He cannot do exactly what he likes. Under this part of the Bill, the HAT can hear an application from the landlord, who may have vacant possession of a plot of land, and say "You can put up a building, hotel or a block of offices.""to encourage diversity in the interests by virtue of which housing accommodation in the area is occupied and, in the case of accommodation that is occupied under tenancies, diversity in the identity of the landlords".
My hon. Friend is talking about the generality of the new HATs, but he should understand that certain areas will not be touched at all. It would be incredible, following the Secretary of State's alarming television interview this week, if somebody said that they were to develop in his back yard. My guess is that there will be no HAT in that area, and I do not think that there will be one for Chequers. If a developer said "We shall turn Chequers into 20 flats under a HAT", the Government would not wear it and the Prime Minister would put a stop to it.
My hon. Friend is right. I cannot foresee planning powers in areas such as Buckinghamshire, Hertfordshire, Kent, Essex or Berkshire being taken away from their county councils. Berkshire county council is not always in agreement with the Government, but imagine what would happen if a Labour Government said to Berkshire county council, "We are creating a rural development area in Berkshire. The county planning authority has no power." Imagine the indignation and accusations of dictatorship that would follow. That is, however, what is happening in urban areas. My hon. Friend the Member for Bolsover (Mr. Skinner) was right to say that it would not happen where the Secretary of State lives.
The Minister said that planning permission will be in the hands of the Secretary of State. We therefore deduce that the Government are interested in taking the right to grant planning permission away from elected, democratic planning committees. In Newham it is not planning permission but money that is required. We have eight tower blocks unoccupied because they are unsafe. I have an estimate that was given to Newham borough council in 1985 of how much it would cost to repair those tower blocks. Hume point would require £2·5 million and John Sopp and Ault points would require £6 million for essential repairs. If the repairs were done on a unit basis, it would cost between £22,000 and £36,000 per housing unit. I believe that the same problem is to be found in Birmingham, Manchester and Liverpool. It may not be to the same intense degree, but if run-down estates are to be rejuvenated, such resources will be needed, rather than the transfer of planning permission, which undoubtedly will be used by the Minister's agents to grease the slipways for planning developments which will not help the area's people and which will be out of kilter with the sort of strategic plans that exist elsewhere. For those reasons, I urge that the amendment be pressed to a vote. It is important to make a protest against the takeover by lackeys in Whitehall of areas that belong to the people.Amendment negatived.
Clause 63
Public Health
Amendment made: No. 364, in page 46, line 44, at end insert—
'( ) Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section.'.—[Mrs. Roe.]
Clause 65
Co-Operation Between Local Housing Authorities And Housing Action Trusts
I beg to move amendment No. 88, in page 47, line 42, at end insert
'and at the end of that section there shall be added—
We want to make progress, but the amendments are so important and deal with such significant issues it is difficult to move quickly. Amendment No. 88 relates to homelessness. We could not be discussing a more important issue in the House, whether it be Tuesday or Wednesday."(2) In deciding what assistance it is reasonable to render in discharging its duty under this section, a housing action trust shall have regard to the proportion of all vacancies arising in housing accommodation transferred to it by an order under section 69 of the Housing Act 1988 let to homeless persons in the year before the making of the order.".'.
It is Wednesday at Ascot.
If the people at Ascot were addressing their minds to homelessness, the nation would be on the road to solving the problem.
The problem is that when. HATs are declared and the bureaucratic quangos or lackeys of Whitehall take over, the responsibility that rests with local government for rehousing and homelessness ceases to exist within the area that the HAT has taken over. Following pressure from the Opposition, the Government admitted in Committee that that was a problem and introduced an amendment designed to give HATs some responsibility for rehousing homeless people. That took the form of an amendment to section 72 of part III of the Housing Act 1985, which we used to know as the Housing (Homeless Persons) Act 1977. It covered co-operation between local authorities and other housing bodies. Where a local housing authority requests a HAT to assist it in the discharge of its functions relating to rehousing the homeless, the HATIf any hon. Member, including the Minister, can tell me what that means, and what responsibility is placed on the HAT within the definition of the HAT's requirements, they are doing better than I am. It is obviously Civil Service, legal or ministerial mumbo-jumbo, which does not place any responsibility on the HAT at all, except that it must"to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances."
What does"co-operate in rendering such assistance in the discharge of functions to which the request relates as is reasonable in the circumstances."
mean?"as is reasonable in the circumstances"
My hon. Friend has mentioned the monolithic council estate in Hulme in Manchester—a system-built estate which, frorn the day of its construction, has proved faulty. Suppose that that is declared a housing action trust. Because we cannot let the properties, there is an imbalance; the tenants are mainly students and single people, including single parents. Suppose that the Government bring in an unelected, unrepresentative body, a HAT, which says, "We cannot get any entrepreneurs to come back into Hulme to produce the necessary finance to rejuvenate the area." The Secretary of State will then give that body the responsibility—or authority—to demolish. Once it had been demolished, what will happen to all the single people who will then be declared homeless?
3 pm
That is an important question and if Hulme is declared a HAT the Government will answer it. Like my hon. Friend the Member for Manchester, Central (Mr. Litherland), I have had some experience in dealing with the Hulme estate; I was chair of housing in the city of Manchester. If the Government had the courage to act on a real problem estate, they would not declare the houses in Hulme, which can be rehabilitated, a housing action trust; they would declare the crescents a HAT. In 10 years' time they will have to be demolished anyway. Then, in co-operation with the local authority, they would accept responsibility to rehouse the people who live in the crescents and provide the necessary housing investment programme allocation to enable the city of Manchester to build low-rise council houses with gardens and purpose-built accommodation for single people. However, I do not expect that that will be the Government's response.
We are dealing with the responsibility of housing action trusts, wherever they are, for the homeless. One of our criticisms of the Bill is that homelessness is mentioned in only one place—in the amendment that we managed to persuade the Government to move, but which we believe to be inadequate. The words "reasonable in the circumstances" could enable a bureaucratic HAT to say, "We do not have any accommodation in the area for which we are responsible. It is therefore not reasonable to expect us to assist in housing the homeless". That could happen even if those people have become homeless in the area for which the HAT is responsible. Our amendment seeks to tighten the definition of what is reasonable in the way of assistance by drawing the HAT's attention to the previous use of its newly acquired stock for rehousing homeless people. The ineffectiveness of section 72 of the Housing (Homeless Persons) Act 1977, the homeless persons legislation, is clear. Section 72 applies where a local authority approaches another local authority, a registered housing association, a new town corporation or the Scottish Special Housing Association for assistance. During the debate on the provision in 1977 strong doubts were cast upon its effectiveness in forcing co-operation on unwilling bodies. We are sure that HATs, peopled by the friends of the Secretary of State for the Environment, will be unwilling to accept some responsibility for homeless families in their local authority area. In the debate on the Housing (Homeless Persons) Bill in 1977, the present Secretary of State for Defence said:He said that it was a very mild requirement. You can say that again. It left the door wide open for the SSHA, for example, to say that it appreciated that it was being asked to co-operate but that it was not prepared to make houses available for homeless people. There were plenty of reasons that a body could give. That is what the housing action trusts are likely to say. They will say that they are not prepared to make their houses available for homelessness; there are plenty of reasons that they can give under the Bill. Housing associations can also be required to help under section 72. The problem with them is also clear. The misgivings expressed in Parliament in 1977 have been borne out over time. Housing associations have been the major bodies to which local authorities have had recourse for help in fulfilling their responsibilities for rehousing the homeless. It is worth considering the results of that relationship. I do not criticise the housing association movement in any way. There are reasons other than the housing association movement's desire or otherwise to help the homeless to explain why matters have unfolded as they have. If co-operation with such generally sympathetic bodies as housing associations is not working out, there is even less likelihood of successful co-operation with housing action trusts. Useful and mutually beneficial arrangements have been built up between individual councils and housing associations under section 72 of the Housing (Homeless Persons) Act. Many housing associations perform a valuable role in helping to rehouse the homeless. However, according to reports from many London boroughs, not all is perfect. While some associations give all, or a large proportion of, their stock to rehousing the homeless, others house few or no homeless applicants because it does not, appear to them to be "reasonable in the circumstances". The Londonwide figures give us some idea of the problem. Between 1980 and 1986, the proportion of London local authority tenancies let to the homeless increased from 31 per cent. of the vacancies to 51 per cent. In the same period, the proportion of housing association stock let to homeless nominees rose from 16 per cent. to 21 per cent—an increase of only 5 per cent. as compared with the 20 per cent. increase faced by councils. The Minister does not accept that the council is the housing authority of last resort. When all else fails, it is the council that has to deal with homeless people who have been rejected by private landlords, the housing association movement—and in future by the housing action trusts if they are established."That is not an extremely hard and demanding requirement."—[Official Report, Standing Committee A;23 June 1977, c. 369.]
Unless it is Tower Hamlets.
Unless it is Tower Hamlets, which does not want to house the homeless at all.
The royal borough of Kensington and Chelsea provides a useful local example. In Committee the Minister mentioned the royal borough with pride as a good example of co-operation. The number of vacancies offered to it by local associations dropped from 386 in 1985–86 to 280 in 1986–87. That was despite the fact that the borough is unique in having more housing association property than council property, that it has provided more than £137 million in the last 10 years to develop housing association fair rent accommodation and that it alone provides around 12 per cent. of the total national and local authority funding for associations. There are many good reasons why the housing associations cannot fulfil their obligations to house the homeless as many of them would wish. In spite of blandishments and public statements by Housing Ministers and successive Secretaries of State for the Environment about how they support the voluntary housing association movement, the movement has faced exactly the same cuts in capital allocations as the local authorities during the Government's nine years in office. There are many good reasons that partly explain the seeming reluctance of some housing associations to pull their weight. Housing association stock is not always appropriate for rehousing families, as many of the associations have been established to meet special needs. That is the special role of many of them, and it is welcome. Some housing associations are geared towards specific client groups of non-priority homeless whom councils would not have the responsibility of rehousing. Some prioritise internal transfers for their tenants before they take in new tenants. The fact remains, however, that there are serious and growing worries among local authorities about the proportionately reducing role of housing associations in housing homeless people in London and throughout the country. The Bill makes matters worse by attempting to change the whole nature of the housing association movement, slowly nudging it out of the voluntary sector into the private sector with affordable rather than fair rents—with cuts in grant from central Government to housing associations and with housing associations being encouraged to take on the role of the organisation that facilitates the privatisation of council estates. As a result, housing associations will be less able to deal with the homeless.If there is a decline in supply, and the general level of rents goes up—which the Government have made clear is one of their aims—the amount of accommodation available to housing associations will decline, thus reducing their ability to help the homeless, and the cost to borough councils will increase as market rents rise. As somebody in my constituency said, that will result in camp sites in Epping forest.
My hon. Friend is right. The squeeze on the homeless is coming from all directions. I am not criticising housing associations. I am criticising the Government for creating the circumstances in which housing associations, some of them very good, cannot fulfil their responsibilities.
The Labour party is committed to a housing association movement which is part of the public sector and involved in the provision of social housing for people in housing need, and which receives Government assistance to that end. We reject the Government's proposals, which would force housing associations into the private sector and into becoming instruments of the free market. That is what the Government plan. I hear you asking, Mr. Speaker, how all this relates to the amendment. We have heard that no local authority has ever used section 72 of the Housing (Homeless Persons) Act 1977 to influence a housing association to remedy a problem. Even when the section was drawn to their attention, they did not feel that it could be used effectively. In Kensington and Chelsea borough council, for example, long negotiations initiated by the council with a view to increasing the number of voids offered to it by housing associations have ended without the council getting its way. It could argue that the housing associations are being unreasonable, but it is unlikely to do so because it has no confidence in the effectiveness of section 72. The same will be true for HATs. I paraphrase what the right hon. Member for Ayr (Mr. Younger) said in 1977: it leaves the door wide open for the HAT to say that it appreciates that it is being asked to co-operate but that it is not prepared to make the houses available for homelessness—there are plenty of reasons that it can give. The amendment would make the duty to co-operate more realistic. It would not make housing associations' duty to co-operate more realistic, as that could be done only if we tabled amendments that ensured that the housing association movement got the resources necessary to provide the accommodation needed for it to co-operate more realistically. Our amendment would make the HATs' duty to co-operate more realistic. The HAT is, after all, taking over the local authority's housing stock and thus diminishing the local authority's ability to help the homeless. We think that there is a special reason why the duty on HATs should be stronger than it is on housing associations. We are making the duty to co-operate more realistic by defining more closely the criteria to be used when assessing whether it is reasonable for the HAT to assist a local authority. The amendment does not go as far as we should like, but it gives the HAT guidance, which is better than the amorphous phraseology of the Government's current draft. 3.15 pm Given that, in theory, a HAT is meant to continue to use its newly acquired stock to provide social rented housing—that is what the Government have said, although we have reason to doubt that that is their long-term intention—it will need to have a clear picture of how the stock was used by the local authority. A large and increasing percentage of local authority housing is already being used to rehouse the homeless. Removing a substantial part of their pool of potential lettings will exacerbate local authorities' difficulties.My hon. Friend said that the number of homeless families being rehoused has risen from 25 to 50 per cent. of all vacancies in some parts of London. In the London borough of Hackney, the homeless are taking up 90 per cent. of vacancies.
I am sure that that is true. Homelessness is increasing throughout the country. Many people who are not strictly defined as homeless are on waiting lists and would feel justified in being given accommodation, but they are having to wait much longer because of increasing homelessness and local authorities' responsibility to house homeless families. That is a major problem, and it will be exacerbated if HATs take out a significant proportion—or even a small proportion—of the local authorities' available stock. Removing properties available to the local authority does not affect just the homeless—it adds to local authorities' difficulties when trying to fulfil their housing responsibilities.
I do not challenge for a moment what the hon. Gentleman has said about the problem of finding homes for homeless people, but I am puzzled about how amendment No. 88 tackles that problem. If, for example, 12 homeless families were granted a tenancy in the year before their homes were declared part of a HAT, there is no way in which they could be evicted. They would have to be rehoused—unless I am reading the amendment incorrectly. They would not be homeless. Presumably they would have secure tenancies.
The hon. Gentleman has obviously not listened to what I have said. Nor has he understood the amendment.
I have read the amendment.
I have explained what the amendment would do to strengthen section 72 of the Housing (Homeless Persons) Act 1977. It would strengthen the Government's inadequate amendment, which would make HATs responsible for accepting the need to co-operate under section 72. If the hon. Gentleman would like it, I shall illustrate how our amendment would work, based on 1987 figures for a south London borough, which has so far managed to avoid using bed-and-breakfast hotels for its homeless families.
If the legislation requiring HATs to assist with homelessness is not strengthened, that borough will find that if a HAT is declared in its area and takes over 5,000 council properties, in the first year, it will lose 190 vacancies on the estate to which it would previously have had access. Some 81 per cent. of the vacancies would have gone to the priority homeless because the borough has the problems which my hon. Friends have mentioned, but more than 150 more homeless households will have to be housed in temporary accommodation. The borough has used every alternative to bed-and-breakfast accommodation, but it will now be forced to start using it. Bed-and-breakfast accommodation would cost the borough £2·3 million in the first year. Unless the people involved can be rehoused, that cost will be paid in year two as well. By that time, however, another year's vacancies will have been lost, and so yet more families will have to be put in bed and breakfast. Our amendment attempts to prevent that happening. It would prevent HATs refusing at least some of the 190 vacancies on the estate of 5,000 council properties being used to rehouse homeless families. The Government do not want HATs to be responsible for rehousing homeless families. HATs are not designed to assist tenants who live on the estate or the homeless or to alleviate the local authority's problems. The Government's aim is to yuppify and gentrify the council estate, and in the end bring in different people—in other words, their aim is to destroy Labour's base by getting rid of Labour voters. In Wandsworth, the council has modernised and improved the estates, built walls round them to keep out local residents and introduced security guards. Such councils do not want that gentrification to be spoilt by homeless families. That is their motive. They fall into the prejudiced trap of believing that the definition of a homeless family is similar to that of a problem family. We know that that is not true and that homeless families have as much right to a decent home as other people. Our amendment means that the housing action trust will have to take factors such as I have described into account when deciding whether to assist a local authority. It will have a clear mandate to remain part of the local social housing sector and also a clear duty to act as a responsible agency in helping to solve local housing problems, which we suspect that the Government do not want it to do. They are involved in social engineering, not in dealing with social housing problems. That is the problem with the Government's proposals. If the Government are prepared to accept the amendment, all well and good. However, if the Government and the housing action trust do not assist adequately and seek to avoid their responsibilities, the amendment gives clearer grounds for legal action to enforce the duty to the community. That is what we want. In 1987, 112,730 households were accepted as homeless by local authorities under the homelessness provisions of the Housing Act 1985. Homelessness has more than doubled in the past few years while the Government have been in power. On 1 April 1987, 1,289,492 households were on council house waiting lists in England, of which 879,831 —68·2 per cent.—were assessed to be in serious and urgent need. All those figures come from the housing investment programme returns that the Department of the Environment has had from local authorities. Homelessness is one of the scandals of our age. At Prime Minister's Question Time some weeks ago, I asked the Prime Minister why homelessness had doubled during her period in office. She told me that it was because of marital breakdowns. If the party of the family has doubled homelessness because of increased marital breakdowns, it deserves condemnation by its own standards and moral values. Homelessness is a serious problem. There are no proposals in the legislation that will help to meet the problems of the homeless. As I have explained, there are proposals in the Bill that will make the problems worse and will increase, not reduce, homelessness. Our amendment is a small attempt to alleviate the problems of homelessness and mitigate the difficulties that the Government are creating.In an intervention that he may regret, the hon. Member for Nottingham, South (Mr. Brandon-Bravo), told the House that homelessness was to be a separate debate—I think that those were his words. But has he not realised over all the hours that we have been sitting here that this is a debate about housing? If housing is not about homelessness, what is it about? Why are we here? Why are we spending our time in this place if it is not to house the homeless?
The Conservative party agenda has nothing whatsoever to do with homelessness. Nowhere in the Bill, certainly nowhere in this part, which we are seeking to amend, does one find the word "homelessness". That is because the Conservatives do not care about the homeless. They do not care about those who, day in, day out, find themselves out in our streets in wooden boxes. They do not care about those who are cramped in appalling bed-and-breakfast accommodation and about those who are in inadequate and unsatisfactory accommodation throughout the length and breadth of our country. They simply do not care, so they do not address the matter in the Bill.Did my hon. Friend notice that when my hon. Friend the Member for Bootle (Mr. Roberts) said that one of the purposes of transferring council accommodation to HATs and then further into the private sector was to ensure that those properties were used by yuppies, the hon. Member for Croydon, North-West (Mr. Malins) nodded vigorously in agreement? He was honest enough—I give him credit for it—to admit what the Government refuse to acknowledge, which is that much of what is now in the public sector is being transferred to people who are not in housing need and who have the income to find other accommodation.
My hon. Friend puts that well. The fact is that there are two purposes in the Bill, particularly in the provisions on housing action trusts.
The first purpose is to fatten up and farm out the best estates—to get rid of them and put them into the private sector. Then Porsches will be in and people out. That is the mentality of Conservative Members: out with the people, in with the Porsches.Disgraceful.
I hear the hon. Gentleman, from a sedentary position, shout "Disgraceful," but if he would only go but a few miles from this Palace of Westminster, he would find manifold examples, in docklands and Wandsworth, of precisely what I am talking about. One cannot move in docklands for the Porsches, yet does one see a pram there? Does one see children playing there? No, one does not. One sees people who make their money in the City and who go home at night to their demi-palaces, at £250,000 and £500,000 for a bijou maisonette. That is the reality of housing provision under the Tories, and we are here to say no to it.
rose—
The hon. Gentleman has had his say.
We are here to say that we are not prepared to tolerate Conservative Members using the vehicle of housing action trusts to drive those whom we represent out of their homes. We are not here to allow them to do that. That is the Government's first purpose, but there is another.My hon. Friend is talking about homes in docklands. Is he aware that in St. Katharine's dock he will find, as homes, yachts valued at —750,000, with radar equipment, which never see the sea?
There is something peculiarly obscene about that picture, yet it is the day-to-day reality of our city now. Yachts are in docklands but there are cardboard boxes a few hundred yards down the road from the House.
There is a second agenda. I note that the hon. Member for Crawley (Mr. Soames) is smiling, grimacing and nodding. He knows a lot about fattening up and farming out. No wonder what I have to say brings a smile of recognition to his lips. I welcome that—it is always welcome to see recognition of the truth on the face of Conservative Members.It is not a real smile because the hon. Gentleman is upset as he wanted to be at Ascot.
The Opposition are sorry to be keeping the hon. Member for Crawley away from Ascot, but no doubt he will find a way to get there somehow.
For the price of a box at Ascot one could house a family in London for a year. But will the Conservatives spend the money on that? Do they know what it costs to keep a family in bed-and-breakfast for a certain time? It costs £11,000 a unit. Do they know what it would cost in the first year to build a home for that family? The cost would be £6,000, reducing by the end of the seventh year to £1,000. Yet Conservative Members prefer to keep families in bed-and-breakfast accommodation rather than spend the money, as they should, in the public sector, providing low-cost accommodation to rent and, indeed, to buy, to give all the people a real choice. 3.30 pm There is a second and more sinister reason behind housing action trusts. It is part of the hidden agenda. The hon. Member for Nottingham, South cannot wait to hear what is coming next. I will tell him. The second part of that hidden agenda, as he knows only too well, is to destroy the ability of democratically controlled local authorities to make adequate provision for housing in our cities. The Government want to destroy that function by introducing unelected, unaccountable bodies that will not be obliged to consult and take on board the needs and aspirations of the people in whose areas they have been imposed. There is no pretence about consulting on where those monstrosities will be erected. They will be erected according to the diktat of Ministers. That is a totalitarian way of behaving. It denies people opportunity and choice, the very things that Conservative Members claim to support. They claim to belong to the party of the family, of choice and opportunity. Yet they deny opportunity and choice to families who seek no more than adequate and decent shelter. Why should they not have that? The Government will use the housing action trusts to drive a wedge between communities and their elected representatives. The way in which they will use the housing action trusts is ingenious. The mischief that our amendment seeks to correct is that they will prevent local authorities from meeting the demands that we deal with in our surgeries every day. People with housing problems must even go to the hon. Member for Crawley in his surgery. It probably does them little good, but I am sure he is faced with such problems. When they come to us, what are we to say to them? We know that our local authorities, under the present regime, do not have the slightest chance of being able to house them. The Under-Secretary is adopting a pose of becoming silence. If she were to speak, she would be obliged to say that only a few weeks ago she was busy congratulating my local authority, the London borough of Brent, on the innovative schemes it was developing, together with housing associations, to meet the needs of the homeless in my constituency. She has been to Brent and knows what is being done. Therefore, she must know that there is no way, with the imposition of housing action trusts, that that will continue. It will be like having a black hole imposed in one's constituency. All the capital and loot that Conservative Members are promising us for housing will be sucked into the housing action trusts. The most deprived estates, the houses that need refurbishment and repair and the new build for homeless families will be neglected. The Minister must know that while she is heaping praise on the London borough of Brent for the work that it does—long may she continue to do so—our housing allocation for 1988–89 was only £19·25 million. We had asked for £82 million to deal with 900 homeless households in bed-and-breakfast accommodation and a further 800 in temporary accommodation. That is the extent of the crisis in that borough alone—the eighth most deprived borough. My hon. Friend the Member for Hackney, South and Shoreditch (Mr. Sedgemore) is nodding because he knows only too well that his borough is the most deprived in the country in terms of housing and on every other social and economic index. Yet the Government are cutting the resources available to us. We have come to the House with a relatively minor and modest amendment. We are not asking for the world. We are asking only that the housing action trusts, when they are imposed, have a duty to take account—in the way in which Conservative Members are not prepared to do—of the plight of the homeless. We stand up for the homeless and, whether the Government like it or not, we intend to ensure that homelessness and the homeless are mentioned time and again in the Chamber and, one way or another, we will drive that into the Bill.One of the reasons why Labour Members are not willing to offer any apologies for what has happened during the Report stage of the Bill is our concern about the plight and tragedy of the homeless which has been expressed by my hon. Friends the Members for Bootle (Mr. Roberts) and for Brent, South (Mr. Boateng). I find it difficult to believe that Conservative Members really understand their plight.
In your absence, Mr. Speaker, at about 5 o'clock this morning, I referred to the people sleeping about a quarter of a mile from here. They are not all tramps or irresponsible people but they are sleeping, night after night, in cardboard boxes by the Embankment tube station. Is not that a tragedy? How many of those people have come from areas of high unemployment simply because they have been told that London is the place to find work? Even if they can find work, which is perhaps not as easy as is sometimes claimed, they cannot afford accommodation. The price of the cheapest housing unit in London and the south-east is about £50,000 or £60,000 and that is for a one-bedroom flat. Rented accommodation is simply unavailable. Is it surprising that they sleep in cardboard boxes just a quarter of a mile from the Palace of Westminster?I am sure that my hon. Friend will appreciate that there would be plenty of photo opportunities for the Prime Minister if she went to Charing Cross instead of St. James's park. She should take the television cameras with her so that there would be a photo opportunity with the down-and-outs who have come to London to find a job because there are no jobs in the north. It would be wonderful if the Prime Minister recognised the gravity of the problem. All her photo opportunities are with the people she represents, those who will vote for her, so that she can kid the people by using the television. It would be a good idea, on some future occasion, if Labour Members went to Charing Cross and recognised the plight of those people in cardboard boxes.
Even if, in the evening, the Prime Minister were to walk from No. 10 Downing street to Embankment tube station, it would not take long. In a car, it would take about two minutes. My hon. Friend the Member for Bolsover (Mr. Skinner) is absolutely right, as he usually is on such matters. He knows that Mother Teresa had to lecture the Prime Minister about homelessness in London. It is almost impossible to believe that, with all the problems to which Mother Teresa has devoted her life on the Indian sub-continent, she is now having to lecture the Prime Minister about homelessness on the Prime Minister's doorstep.
rose—
I am sure that my hon. Friend the Member for Bolsover would agree that not only should the Prime Minister visit that area but the Secretary of State for the Environment should also go, as should the hon. Member for Derbyshire, West (Mr. McLoughlin), who is seeking to intervene.
The hon. Gentleman is suggesting that the Prime Minister should visit the area. Will he tell us when he last paid a visit?
Yes, certainly. I went about three weeks ago.
The feeling I had then was one of sadness. It is entirely up to the hon. Member for Derbyshire, West whether he believes that I am telling the truth. I felt sad that in a country where much has been achieved over the past 50 or 60 years there are still people who spend so much of their time having to sleep in such conditions. It is a disgrace to a society in which the richest people are being so well rewarded by the Budget. In addition, thousands of families are forced to live in bed-and-breakfast hostels. Let hon. Members imagine what it is like in this day and age trying to bring up young children in one squalid room, not through any malice on the part of the local authority—far from it—but simply because authorities are not in a position to offer accommodation. In the past eight or nine years, very few local authorities have been able to build. I do not know about your local authority, Mr. Speaker, but mine has been unable to build any local accommodation in the past nine years and there is no sign of the necessary finance being available in the future. That is one reason why there is so much housing stress and misery. As a result of this part of the Bill, a certain amount —we do not know how much—of local authority rented accommodation will be transferred to completely unelected bodies appointed by the Secretary of State. After two or three years' managerial responsibility for the accommodation, the housing action trusts will not transfer it back to the local authority. The property will go from the local authority to the housing action trust and then into the privately rented sector. The hon. Member for Crawley (Mr. Soames) nods his assent to that.It is more likely to go out of the rented sector altogether and become privately owned.
When the Prime Minister came to the House this morning, she was reminded of her moral responsibility, a subject on which she claims to be an expert. The Under-Secretary of State must tell the House why the proportion of accommodation snatched from the local authorities should not carry with it a pro rata responsibility for any homelessness in the borough concerned. That would be moral, and it could be incorporated in our amendment.I entirely agree with my hon. Friend, but the Under-Secretary of State will do no such thing because she has no instructions to do so from the Secretary of State or the Prime Minister. One cannot imagine the people at a Thursday Cabinet meeting being concerned about the plight of the homeless or discussing what should be done to help people in bed-and-breakfast accommodation and those living in cardboard boxes. On 30 November, when the Secretary of State moved the Second Reading of the Bill, he said in effect that the only way in which rented accommodation could be provided was through the privately rented sector. In other words, if one buys bread or other food in a private market, why should not one obtain rented accommodation in the same way?
When the Prime Minister came here at 8.15 this morning, it was not to give the Secretary of State advice about the problems of the homeless but to ask him to go back to St. James's park with her because she had noticed another rising tide of rubbish and intended to do as President Kennedy did in August 1961 and assert her moral leadership of the western world with the ringing words, "Ich bin ein bin-liner."
3.45 pm
I cannot improve on that. My hon. Friend sums up the situation very well.
The Prime Minister is keen to take credit for what she regards as her position as a senior statesman on the international scene, while a quarter of a mile from her official residence people have to sleep in cardboard boxes. Things would be different if the Government really cared about the homeless and those who, like so many of my constituents, are not technically homeless but have to live at the top of high-rise blocks with young families. Nowadays, even those with two children have almost no chance of being offered a council house. At one time, people with two children stood a chance. I have already described the shocking and tragic plight of people bringing up families in bed-and-breakfast accommodation, but there are also thousands trying to bring up children in top-floor flats when they clearly need houses. Why should they have to wait for years on end to reach the top of the list? One cannot blame the local authorities. They are not in a position to build houses, and so much public sector accommodation is being sold off. The situation will be exacerbated when more public sector accommodation is transferred to housing action trusts. One cannot blame the local authorities for the plight of all those people, whether they be in the west midlands or in London. By definition, those people cannot obtain mortgages. If they could, their problems would be eased so long as they kept up the payments. The Minister will correct me if I am wrong, but I believe that there is some consensus between the two sides of the House in that both accept that a substantial minority of people require rented accommodation. The crucial difference, which lies at the heart of this debate, is that the Opposition believe that the needs of those people can be satisfied adequately only by local authority accommodation or genuine housing associations whereas the arch-Thatcherite Secretary of State believes that they can be satisfied only by the private sector and at market rents. As the advertisements show, market rents in London or even the midlands are not £60 or £70 per week but more like £200 per week for a flat, let alone a house. Meanwhile, housing benefit is being drastically reduced. Anyone who can afford that kind of market rent can obtain a mortgage, with tax relief. We are concerned about the people who cannot afford market rents, but I detect no such concern from the Conservatives. The Government have not explained how the needs of those people will be satisfied by accommodation at market rents and the tenancy arrangements set out in the Bill. The purpose of the amendment is clear, and it has been set out with characteristic eloquence by my hon. Friends the Members for Bootle and for Brent, South.Charismatic.
I would certainly describe both my hon. Friends in that way, though I plead not guilty to the charge myself, despite the fact that lack of charisma is almost a cardinal sin in politics these days. I do not make late-night telephone calls to Chris Moncrieff—I simply carry out my duties in the Chamber when necessary at that hour, along with my hon. Friends.
The amendment will place responsibility on housing action trusts to ensure that, in co-operation with local authorities, they assist the homeless. Originally, of course, there was no such provision in the Bill. Housing action trusts were to have no responsibility for the homeless. To some extent, the Government have recognised our argument, because they moved an amendment in Committee. As my hon. Friend the Member for Bootle said when he moved his amendment, the amendment that the Government moved in Committee adds nothing of substance, because it is so vague. At the end of the day, housing action trusts will be free of any responsibility. They will simply tell local housing authorities, "We have taken your request into consideration; we have noted it," and that is all. We want to ensure that, in practice, housing action trusts are responsible for the homeless. As my hon. Friend said—he has not been challenged by any Conservative Members—in the first stage, the purpose of housing action trusts is to take accommodation from local authorities, manage it for two or three years at most, and then send it to the privately rented sector, or, as my hon. Friend the Member for Newham, South (Mr. Spearing) said, it will simply be sold off. If it is to be sold off, or if it is to go to the privately rented sector ar market rents, how on earth will that help the people whom we are debating—the homeless, whether they are in bed-and-breakfast accommodation or sleeping in cardboard boxes? When he raised a point of order, my hon. Friend the Member for Bradford, South (Mr. Cryer) asked you, Mr. Speaker, to confirm that at no stage were Opposition Members filibustering. You said that everything that was said by Opposition Members during the long hours of the debate was perfectly in order. I am pleased that you confirmed that. The last thing that we want to do on an issue that is so crucial to our present and future constituents who desperately need housing accommodation is to filibuster to prolong matters. We do not do that, least of all on such a crucial matter. I ask those who challenge our sincerity and say that our words are mere rhetoric to state the three dominant domestic issues that the Labour movement has been concerned about from day one: the right to work, decent accommodation and adequate health. Those three major issues have dominated our political lives and those of our predecessors. They are crucial to our very being as Labour politicians. We feel strongly about the right to work. No one should be denied the right to work, decent accommodation and decent health services—hence our defence of the National Health Service. That is why my hon. Friends and I entered politics. Why else? It was not to sit in the House of Commons or to become a councillor at an early age or at any other age. It was to serve our community in the best way possible. I suppose that all hon. Members have resolved their housing matters. Most of us own our accommodation and are able to pay off a mortgage. We want benefit for the people whom we represent, because we believe that we have a duty and responsibility to ensure it. I hope that, even at this late stage, the Government will recognise that my hon. Friend's amendment is reasonable. As I have said, the Government have recognised that some of our arguments are valid, or presumably they would not have moved their amendment in Committee. We are extending it a little further. However well-intentioned it was—if it was well-intentioned—the Government's amendment does not mean much, and it will not mean much to housing action trusts that take the view that they should have no responsibility for the homeless. They will simply say, "This is the law. We have looked at the matter, and we are satisfied that we cannot do anything." At least the amendment goes some way—but only some way—to ensure that housing action trusts have adequate regard for the homeless. We are not in favour of housing action trusts. It would be foolish of us to argue otherwise. The Minister and her ministerial colleagues know how strongly we are against housing action trusts. But, to the extent that they will come into existence, because of the Government's majority there will be no rebellion here or in another place. We shall have housing action trusts for as long as this Government survive. Surely we are not asking too much. For goodness, sake, the Government should at least ensure that such undemocratic organisations do not play any role in housing. If they are to be brought into existence, let us ensure that they have some responsibility to help the homeless.My hon. Friend has always spent a great deal of his time talking about housing. Over many years, Opposition Members have listened carefully to what he has said when he represented Croydon, Central and, later on, part of Walsall. We could never accuse him of being naive. However, towards the end of his good speech, he pleaded with the Government to wreck their own Bill. That is roughly what he said. There is no chance at all of this Government accepting our amendment. As my hon. Friend said, they do not care about the homeless. They do not care about those who live in cardboard boxes at Charing Cross; they are not worried about them. They will not wreck the housing action trusts that are the embodiment of the Bill. That is where money will be made. People like Peter Clowes will be able to make a small fortune out of business expansion schemes allied to housing action trusts.
Although my hon. Friend is doing a great job—I hope that he gets the publicity he needs—the Government will not shift on this matter; there is no doubt about that. I hope that my hon. Friend will point out to the Government that we shall drag the Bill right through tonight and beyond to prove to the outside world that Opposition Members will fight tooth and nail today and, if necessary, tomorrow to support the homeless and all those who are looking for a roof over their heads.
My hon. Friend deserves a reply. I value any compliments from my hon. Friend the Member for Bolsover (Mr. Skinner), whom I regard as a personal friend. He gave a potted history of my political life or career, as the case may be, and I appreciate that. He was perfectly right to say that I take a close interest in housing. He argued—perhaps realistically—that the Government will not undermine their own Bill. Like my hon. Friend. having been an hon. Member since the Government came to office, and being totally without illusions, I know that the Government are not concerned about ordinary people. They are dedicated to the interests of the rich and most prosperous in our community. My hon. Friend the Member for Bolsover recognises that I have no doubts or illusions.
I said that the Government made some movement in Committee. They at least recognised, whether well-intentioned or otherwise, what we have been arguing for a long time on this issue. If the Government do what my hon. Friend has predicted and refuse to accept the amendment, they will strengthen what my hon. Friend the Member for Bolsover has said. I said that we recognise that we cannot stop the Bill. I entirely agree with my hon. Friend. We spent a long time on this measure on Tuesday. It may well be that Tuesday will be with us for many hours to come. I am pleased that you confirmed, Mr. Speaker, that we have not been filibustering. We have been trying to illustrate the problems of the people about whom we are worried. 4 pm If the Minister refuses to acknowledge our arguments, it will confirm our worst fear: that the housing action trusts will be unconcerned about the homeless and that the Government will not give those organisations any responsibility for the people who live, sometimes with their families, in bed-and-breakfast accommodation. Without wishing to be personal, I imagine that the Minister has a family and has managed to ensure financially that they will not be brought up in such dire circumstances. The Prime Minister and the Chancellor of the Exchequer are always telling us that great economic progress has been made and that Britain is a prosperous country. At every opportunity, they boast about our economic success and say that Britain is doing wonderfully well. If we are doing so well, why must people live in the circumstances that my hon. Friends and I have been describing? If accommodation is taken from the control of local authorities and is given to housing action trusts, unless those trusts have some responsibility for the homeless, local authorities will be put in an even worse position than they are in now. That is why this reasonable amendment should be supported.On a point of order, Mr. Speaker. My hon. Friend the Member for Cardiff, West (Mr. Morgan) intervened during the speech of my hon. Friend the Member for Walsall, North (Mr. Winnick) and quoted some German from President Kennedy. I lived in Germany for a couple of years, and I have obtained a copy of Harrap's Concise German dictionary. My hon. Friend quoted President Kennedy as saying, "Ich bin ein Berliner." The dictionary says that that means, "I am a doughnut." What President Kennedy meant to say was, "Ich bin Berliner." By using the indefinite article, my hon. Friend has given an historically inaccurate definition.
I do not think that that has anything to do with the Housing Bill.
I shall make a short contribution to the debate, especially in respect of the work that I do on behalf of the Greater Manchester fire and civil defence authority.
There is a link between homelessness and houses in multiple occupation. In most urban areas where local authorities cannot provide hostel or other accommodation for the homeless, many young people and families end up in bed-and-breakfast accommodation or, worse, in houses of multiple occupation. The stress and pressure placed on the housing market mean that, almost daily, horrendous fires cause serious and sometimes fatal accidents. In some cases, entire families have been incinerated. That has happened because of the housing crisis and because of short-term measures taken to place families in houses of multiple occupation. Those premises are totally unsuitable and unacceptable, and the inability of local authorities to police housing arrangements has led to major fires. Within the past two months, a homeless family placed in such a unit in Blackpool was destroyed completely. Days later, it was followed by another fire in the midlands. The Government recognise that it is a major problem. The Department of the Environment has received a survey showing that the crisis is deepening and that it is claiming many lives. Recently the Department of the Environment conducted a postal survey, to which 96 per cent. of local authorities responded. It asked for information about the condition and location of houses in multiple occupation. It found that 40 per cent. of properties had inadequate means of escape from a fire and that 38 per cent. of properties required additional means of escape from fire. Thirty three per cent. of properties required major repairs and 28 per cent. required additional amenities and facilities for the families placed in them. In all, 162,862 properties were found to be physically unsatisfactory.My hon. Friend may wish to consider the fact that there are other hazards for homeless people. Some Bengali families have been forced by Tower Hamlets council to sleep in church halls. One mother who has two sick children is on the verge of a nervous breakdown. Some people have been placed in John Scurr house, where the rent is —100 a week, but the estate is semi-derelict and people are afraid to go outside at night because it is an ideal place for them to be attacked.
Housing action trusts will be a close parallel to the urban development corporations from which we have suffered in Tower Hamlets. The London Docklands development corporation has encouraged house prices to rise and land prices to spiral, and it is clear that in a few years' time, or perhaps sooner, housing action trusts will force huge increases in rents and a great increase in homelessness.My hon. Friend has highlighted some of the problems of the homeless, and I hope that other hon. Members will mention them during the debate.
The Home Office has received statistical confirmation and evidence from fire authorities that the pressure of homelessness means that local authorities must use totally unsatisfactory houses in which to place homeless families. That places them in the moral danger to which my hon. Friend referred, and in physical danger, and some families have perished as a result. The Department of the Environment report entitled "Houses in Multiple Occupation in England and Wales" shows that local authorities have had to take action against 3,853 landlords who have not provided adequate means of escape from fire, 2,268 landlords regarding the provision of extra amenities, and 897 landlords because of overcrowding. That shows the crisis among homeless families, yet in many areas housing action trusts will take out of the public sector the housing stock required to move families out of those dangerous conditions and into adequate homes. Recently the Home Office provided statistics on the nature of fires and the number of deaths. It makes harrowing reading. For example, in detached and semi-detached houses in multiple occupation, some 77 people have perished—two because of cooking appliance fires, as a result of the cramped nature of the property, 16 because of fires from space heating appliances, four from matches, 29 from other ignitable materials and another 26 as a result of an unknown or unspecified type of ignition source. In other dwellings of multiple occupation there were some 13,000 fires, in which 180 people perished and 1,828 suffered serious but non-fatal casualties. Some 4,385 fires are caused by cooking appliances, 793 by space heating appliances and 2,555 through matches and other ignitable sources. One could go on and on with such lists, and many such injuries and deaths are because the families have no means of escape. Such deaths could be prevented. They occur because families are in dreadful housing as a result of the housing crisis and the inability to provide homeless people with adequate, safe and secure homes to rent either on a long-term or short-term basis. The Government must, as a matter of urgency, face up to this crisis. It is one thing creating a situation in which homelessness causes danger but another to continue such a situation with the result that people are dying simply because they are homeless. If all those 77 people died in one incident, there would be a national crisis, but because they were single incidents happening on a regular basis, in ones, twos, threes and fours, there is no such publicity. The stark reality is that we are talking about the possibility that on each day of the year, there is the potential for one person or one family to die as a result of being declared homeless and placed in a multi-occupation house. It is unacceptable that children below school age should run the risk of incineration simply because parents are homeless and they are placed in temporary accommodation. It is unacceptable that, when the Government have these figures as a result of their own survey, they are still not prepared to take action to protect people. They must either provide local authorities with the resources to take these families out of multi-occupation properties or provide within the Bill the facilities for HATs and local authorities to work together in areas of multi-occupation systematically to get rid of such accommodation. Without such positive action, working people's families will continue to die and people will be maimed for life at an early age simply because their parents were homeless. Such a dreadful situation would not have been accepted' in 1888, and we should not allow it to continue in 1988. The Minister must tell us what action, irrespective of the clause, she will take to prevent fire deaths among the homeless, because they have reached crisis proportions. Perhaps she will be able to provide us with the latest information, because these statistics are not up to date. This year's statistics are not yet available, but I believe, because of what has happened in Blackpool and elsewhere, and what happened with polyurethane foam in January, February, March and April, there will have been an increase in the number of fires in houses in multi-occupation, and an increase in fatal fires. Many in Committee I asked the Minister to give us an adequate response to the issues that we had raised. On this issue of deaths among the homeless, she owes it to the House, to the homeless and to the country at large to give us the Government's response to this tale of carnage. All of us have children or know members of our family with children. Why should someone else's child die because the family is homeless? That is unacceptable, and the Minister must respond to it.4.15 pm
In Committee we discussed at length how HATs could work alongside local authorities in helping to deal with the homeless. We responded to Opposition concerns by introducing clause 65. Amendment No. 88 now seeks to go over that old ground by imposing a statutory requirement on HATs which we do not consider to be necessary. As we explained in Committee, we believe that many of the estates where the Secretary of State may decide to seek parliamentary approval to designate HAT areas are places where few would choose to live of their own free choice, where the problems have proved beyond the capacity of local authority management to solve and, therefore, where there are a large number of empty properties. The key contribution which we could make in part III to alleviate homelessness with HATs is to bring back into use stock that is lying empty. I say to the hon. Member for Brent, South (Mr. Boateng) that we care, but we do not just talk about caring, we do something about it.
Will the hon. Lady give way?
Not just yet.
I do not wish to debate yet again the local authorities' role in dealing with homelessness, but let me just repeat a few facts. First, this year the housing capital programme has been increased to £3,827 million, £365 million up on earlier plans—a 9·5 per cent. increase. We have also given local authorities additional resources totalling £53 million in the past six months.Will the hon. Lady give way?
No, but I will give way when I have completed these points.
Secondly, there are 112,000 council properties standing empty, and a quarter of those have been empty for over a year. At 1 April 1987, there were some 27,000 empty dwellings in London, and that is nearly three times as many as the number of homeless families. Thirdly, there is no restriction on the use of accumulated capital receipts for capitalised repairs. Fourthly, authorities not taking advantage of the absence of these restrictions are Camden and Fulham which, at 1 April 1987, had over £60 million in accumulated receipts. The hon. Member for Bootle (Mr. Roberts) has suggested that the Government have been starving housing associations of resources, but nothing could be further from the truth. We have increased the Housing Corporation's approved development programme from £705 million in 1987–88 to £737 million in 1988–89, and we are further increasing this provision to £850 million by 1990–91.I am obliged to the hon. Lady for giving way in her catalogue of the Government's generosity to local authorities, but will she bear one thing in mind when she returns to it? Only a few weeks ago in Southampton, the hon. Lady specifically singled out the London borough of Brent for praise for its work for the homeless. In 1986–87—these are the figures in that catalogue—we were given £22 million for housing allocation. [HON. MEMBERS: "We?"] Yes, "we"—we, the people of Brent whom I represent here and for whom I am putting questions to the Minister; we, the ratepayers and the taxpayers. In 1986–87, we received £22 million. The next year it dropped to £18·7 million—a further reduction in real terms of 20 per cent. compared with the previous year. However, the borough had increased its estimate of essential repair costs to £154 million. The result was a 20 per cent. cut and a substantial increase in repair costs. How does that square with the Minister's picture of generosity to boroughs such as the one that I seek to represent?
Brent council is one of the recipients of the estates action programme. I remind the hon. Gentleman that £140 million of the Department's estates action programme resources have been made available in 1988–89 to turn around the rundown local authority estates and to make empty estate properties available for the homeless. I have visited some of the estates in the hon. Gentleman's constituency and I know that a very good job has been done in that area.
My constituents and I are glad to know that, following her visit to my constituency, my hon. Friend has singled it out to become part of the revitalisation service. I understand that the first public meeting will be held in July. It is hoped to have a housing action trust within the service. That will do a great deal to revitalise an area in my constituency which has been giving cause for concern for a number of years.
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I shall give way a little later in my speech. I am grateful to my hon. Friend the Member for Lancaster (Dame E. Kellett-Bowman) for her intervention. I enjoyed my visit to her constituency.
Local authorities will retain their overall responsibilities towards the homeless under part III of the Housing Act 1985. In most instances, it is likely that HATs will be taking over a comparatively small proportion of a local authority's stock. However, because they will become landlords of stock, HATs should be well placed to help local authorities to find accommodation for the homeless. In Committee, we rejected amendments tabled by Opposition Members that would have imposed on HATs a statutory requirement for them to make available a specific percentage of HAT properties. Amendment No. 88 is more of the same. There is no need to impose such a requirement on HATs when clause 65 makes our intentions clear. The duty on HATs is exactly the same as that which applies under section 72 of the Housing Act 1985 to local housing authorities, new town corporations, the Commission for the New Towns, registered housing associations and the Scottish Special Housing Association. It is a duty that requires that, where a local housing authority requests assistance in the discharge of various of its functions under part III of the 1985 Act, the other bodies specified in section 72(1) are required to co-operate in rendering such assistance in the discharge of these functions as is reasonable in the circumstances.Will the Minister accept that the difference between the duties on the other authorities and those that impinge on housing action trusts is that the other authorities have not been placed compulsorily in the position of local authorities, which have been forced to hand over their property? Will she accept also that it is somewhat disingenuous of her to say that nothing that was said in Committee suggested that there would be any lessening of local authorities' duties towards the homeless? The hon. Lady says that, but it appears to be clear from one national daily newspaper that in the next Session there is to be legislation to reduce the duties of local authorities towards the homeless. With a reduced housing stock, they will have even less opportunity to carry out their responsibility to house the record number of homeless people.
I do not accept the hon. Gentleman's argument. I believe that HATs will help local authorities. I am sure that local authorities will be able to co-operate and will find that their requests will be looked on favourably.
We know that it is common for local authorities to agree nomination arrangements with housing associations, for example, even though authorities are not directly involved in grant-aided schemes that are funded by housing association grant, without any further specific statutory requirement under section 72. We see no reason why there should not be similar co-operation between HATs and local authorities, with clause 65 as the legislative back-up. There are further safeguards. First, we shall make it clear to HATs in the management guidance that my right hon. Friend the Secretary of State will issue to them, which will be published, that they will be expected to enter into agreements with local authorities, possibly by means of formal contracts that give local authorities access to stock held by HATs. Secondly, if local authorities were not satisfied with HATs' performance in fulfilling their duties under clause 65, it would be open to them to have recourse to the courts, although legal confrontation is unlikely to be in the best interests of the residents or of the HAT areas. Thirdly, my right hon. Friend the Secretary of State could use his direction-making power if he considered that HATs were not co-operating sensibly with local authorities.Will the Minister explain to the House how local authorities can escape facing further and greater difficulties in housing the homeless with a housing stock that is much smaller than it is now?
If the hon. Gentleman had been listening, he would know that I have already covered that argument. In the areas in which my right hon. Friend the Secretary of State may be considering to have HATs, we may find that many of the properties will be lying empty. Those properties will be brought back into use. Some of the areas that I have visited during my trips through the country have contained many half-empty properties. It must be good news that we intend to bring all these properties into use.
Against that background, I believe that the Government's response to the concern of Opposition Members is helpful and reasonable. I invite them to withdraw amendment No. 88.The Opposition consider the Minister's response to be unreasonable and unacceptable. It is a complacent response that shows no concern for the homeless, who represent one of the major scandals of our time. The Minister's response is consistent with all the housing myths that the Government have tried to perpetuate as excuses for their lack of action in providing the accommodation that the nation needs in the public sector to help deal with the overall problem of homelessness.
My hon. Friend may have noticed that the Minister did not allow me to intervene on the estates action programme. There was a good reason for her refusal to give way to me. In Calderdale, we have seen the result of the programme, which is the flagship of the Tories' enterprise scheme. The private sector let us down and we were faced with the demolition of 400 flats and houses. Debt charges are now being paid on empty land on which flats and houses were demolished.
Indeed. The schemes to which the Minister referred, on which my hon. Friend the Member for Halifax (Mrs. Mahon) has commented, are welcome, but they are mere palliatives. They amount to a small sop in local authority areas where housing investment programmes have been cut by massive amounts. The Minister had the audacity to blame local authorities. She added that the estates where HATs will be declared are beyond the capacity of local authorities to manage. They are beyond the capacity of local authorities to deal with adequately because the authorities have been starved of the resources that they need.
The Minister quoted increases in housing capital programmes and referred to small increases this year over last year's figures. In Wolverhampton, for example, there has been an 87·3 per cent. cut in the housing investment programme since 1978–79. Warrington received £15,727,000 in 1978–79 and this year it received £2,378,000. That is an 84 per cent. cut. In Bolsover—unfortunately, my hon. Friend the Member for Bolsover (Mr. Skinner) is not in his place—[HON. MEMBERS: "Where is he?" My hon. Friend is normally to be seen in his place. If I were a Conservative Member, I would not welcome him back. In Bolsover, £6,791,000 was made available in 1978–79. It received only £1,063,000 this year. That is an 84 per cent. cut. The story continues. In Manchester, in 1978–79 but at today's prices, £108 million was made available for the housing investment programme. It received £23 million this year. That was a 78–8 per cent. cut. In Sefton, which is the local authority in my constituency, the HIP in 1978–79 was £90 million. It is now £4,152,000, which is a 78 per cent. cut. In Liverpool the amount was £75 million in 1978–79 and is now £19 million, a 73 per cent. cut. In Bristol, the local authority which the Minister for Housing and Planning represents, in 1978–79 the figure was £32·969 million; today it is £10 million, a 69 per cent. cut. How dare the Government claim that they are increasing housing allocations for capital expenditure when they have been cutting them for nine years? The limited small increases which they quote are what they gave last year.4.30 pm
I hope my hon. Friend will challenge the Minister's assertion that local authorities can take housing action trusts to court if they are dissatisfied with their performance. That would involve a local authority in hundreds of thousands of pounds of expenditure, without any grant aid from the Government. In a sense, that is another cut in local authority expenditure if the local authority wishes to exercise any influence over a housing action trust which is not being helpful. As the Minister would not allow me to intervene, will my hon. Friend ask her why the Government did not produce decent legislation?
I accept what my hon. Friend has said. To suggest that the legislation is satisfactory, and then to suggest that HATs should be taken to court by the local authority if they behave unreasonably, is outrageous. The Government actually suggest that a local authority may have to go to court to ensure that its own housing stock, which has been taken from it, is used to help the homeless.
The Minister reiterated another myth. She said that the way to solve the homelessness problem was to get the local authorities to bring into use all the empty houses in their ownership. I have an honourable record of campaigning to get empty houses in local authority and other ownership into use for homeless families and others. It is a travesty of the truth to suggest that local authorities are guilty of keeping houses empty unnecessarily. In 1986 there were 111,600 empty local authority houses. In 1987 the number had gone down to 108,600. What about the private sector? The Government intend to hand council housing to the private sector if they can. In 1986 there were 493,000 properties standing empty in the private sector, compared with 111,000 in the public sector; that is nearly four times as many. The number in the private sector is increasing rather than going down. In 1987 in the public sector, 511,000 properties were standing empty. The real problem is caused by the properties standing empty in the private sector. The Government pretend that they are doing something about that; their shorthold provisions in the Housing Act 1980 were to do something about it, but they did not.Does my hon. Friend recall that Government spokesman have often cited the London borough of Newham as an authority not making use of vacant houses? I had a letter from the housing chairman only yesterday in which he told me that the effective vacancy rate in Newham is 3 per cent. and the figure in Wandsworth is 2·8 per cent. Those figures are both lower than the percentage in other sectors. Does this not show that the hon. Lady's claim is not right, that the visible solution to the homeless problem is to put those properties into use? She must know that.
We want all empty properties to be in use and we want all properties that become vacant in any sector to be occupied as quickly as possible. But even in the owner-occupied sector the turn-round rate of properties which become empty for sale is lower than the turn-round of properties which are relet by local authorities.
Is it not the case that many good Labour authorities are giving people three choices of empty properties? When people are offered such a choice, it is unavoidable that there are more vacant properties, because of the way the system works. In the past, some Conservative authorities have offered people only one property on a "take it or leave it" basis. Is that what will happen with the housing action trusts?
One problem with the housing action trust legislation is that we do not know what we shall see, and we do not know what the code of management will be. All we know is that there will not be the same accountability to tenants and to the electorate as there is in local authorities, with all their faults. I do not accept that the Government have already dealt with the contents of our amendment and that they are aware of the need for housing action trusts to assist with homelessness. Their proposals are a recipe for the homeless not to be accepted by HATs.
It is clear from that what my hon. Friends have said in the debate that the Labour party regards this as an important issue. We feel strongly for those in housing need. We have policies to deal with homelessness, which has reached record heights. Last year, there were 112,730 homeless households, the equivalent of about 230,000 men, women and children accepted as homeless by local authorities in England alone. That compares with 53,000 homeless households in England in 1978. Many more homeless people are not included in the official statistics, because most homeless single people and childless couples are not legally entitled to rehousing. In Great Britain since 1978, when the present homelessness legislation came into force, 800,000 households, most of them families with children, have been accepted by local authorities for rehousing as homeless. That is nearly one in 25 of the population. That is the scale of the problem. About half those who are accepted as homeless are rehoused by councils in permanent accommodation. That is what they use their permanent accommodation for. They fill it as quickly as possible with homeless families but they do not have enough accommodation to offer, because the house building programme has ground to a halt. Because of the lack of accommodation that local authorities have to offer, homeless people have to stay in temporary accommodation such as hostels, caravans or bed-and-breakfast hotels for months or even years. The numbers in temporary accommodation have been rising, especially over the last few years when Conservative Housing Ministers have been trying to revitalise the free market. In June 1987 there were 23,000 households in temporary accommodation, double the figure in June 1984. The number living in bed-and-breakfast hotels this June was 11,000, 4,000 more than 12 months ago. Homeless families from ethnic minorities tend to end up in bed-and-breakfast accommodation. Over 90 per cent. of homeless families in bed-and-breakfast accommodation are in the south-east of England, where people come to look for work. The Government have admitted that in Greater London a newly built council house would cost £7,000 in the first year, while acquiring a house in the open market would cost £5,000. The cost of keeping a family in bed-and-breakfast accommodation is £11,000 a year. That cost keeps rising with inflation and is not falling, like the cost of providing new council housing. What kind of Thatcherite, monetarist economics is that in housing? It does not make sense; it does not add up to anything except a policy of not caring about the homeless. The homeless are reflected as well in the massive council house waiting lists to which I have already referred. The underlying problem is a shortage of decent housing to rent, estimated at 1·1 million by the Duke of Edinburgh's inquiry into British housing. The shortage is greatest for homes to rent, especially council homes. With the proposals for housing action trusts, the stock available for local authorities to rent to homeless families will diminish considerably without the safeguards that we want to write into legislation. We want housing action trusts to have a duty to consult, to co-operate and to offer a reasonable number of relets to the homeless who need to be rehoused in the local authority area in which the HAT is. That is not a stupid or unnecessary thing to ask for. Anyone who had compassion for the homeless and who was concerned about the homeless would ask for that. We believe that the Government are rejecting our proposals because they do not care about the homeless and, as my hon. Friends have said, because they care about the gentrification of the estates that they are taking over and they do not want their friends who are taking over those estates to be encumbered by any social concern for those in housing need. The Minister's response was scandalous. As a result of that, and because the Labour party and all Opposition Members feel so strongly about the problem of homelessness and about the homeless, we wish to divide the House on this, one of the most important issues of the Housing Bill, although every issue that we are debating is important.I shall not keep the House long, but I should like to make two short points that, to my knowledge, have not been mentioned in the debate.
First, if the amendment were carried, it would introduce a new word—"homeless"—into the Bill. As the Minister of State admitted, there was a problem of presentation when the Bill was drafted—the homeless were left out. In 1988, when more than 100,000 families per year present themselves as homeless to local authorities in Britain, and when the number of homeless families has doubled, the Government have presented a Housing Bill which leaves out the homeless altogether. That in itself should be sufficient to make us support the amendment. There is an argument that, if one is to do anything about the housing problem, one should start by meeting the needs of those who most need help—above all, the homeless. Secondly, we need to be clear that the amendment seeks to preserve—not even to extend—the present position. The present position is that, if one is homeless and considered as eligible by law, the local council has to do something to give one a home. The amendment seeks only to make sure that when the property that the council used to own—empty or let—is taken over and handed to new housing action trust landlords, the same percentage of property in those units of accommodation goes to the homeless as it did under council ownership. The figures up to the end of 1986 for every local authority in England were published in Hansard on 15 July 1987. They show that increasing numbers of properties owned by local authorities have been let to the homeless. Take my own local authority. I am not defending it or pretending that it could not do much better in other areas of housing management. I am arguing the simple case that the figures show that the demand on it to house the homeless has grown ineluctably. In Southwark in 1981–82, 348 homeless families were housed and 8·3 per cent. of all new lettings were to the homeless. In 1982–83, 409 homeless families were housed, and 15·2 per cent. of all lettings went to the homeless. In 1983–84, the figures were more than double those of the previous year—878 homeless families were housed and 35·5 per cent. of lettings were to the homeless. In 1984–85, there were no figures, because there was a change in statistics in Southwark, as there was in other authorities. In 1985–86, a total of 1,119 families were accepted as homeless by Southwark. It had a duty to house them, and more than 50 per cent. of new lettings owned by Southwark borough council were let to the homeless. I have reason to believe that since then the figures have continued to grow in a similar way and that now, in Southwark, no new lettings of property go to anyone other than the homeless or to those who have to be moved because of harassment or for personal protection. No one can move because they need a bigger property or a property on the ground floor instead of on an upper floor. They have to be homeless to move, and they have to be homeless to be taken in. 4.45 pm The figures are similar in other authorities in London and elsewhere. I could go on in some detail, but I shall take only the most acute examples. For the last year in which figures are available, in 1985–86, a total of 68·6 per cent. of all new lettings in Camden went to the homeless. In Greenwich, 54·1 per cent. of new lettings went to the homeless. In Hammersmith and Fulham and in Islington, 61·9 per cent. of new lettings went to the homeless. In Lewisham, 58·6 per cent. of lettings went to the homeless. Even in the City of Westminster and in Wandsworth — Tory-controlled boroughs—the figures continue to be high. In the City of Westminster, 42·7 per cent. and in Wandsworth more than 50 per cent. of lettings went to the homeless. Of course the problem is most acute in London. In the last year for which figures are available, Wandsworth, a Tory-run authority, had to use more than 50 per cent. of its lettings to house the homeless.Is the hon. Gentleman aware of accusations, particularly from Conservative Members, that getting on to the homeless list is a quick way of jumping what would otherwise be a long waiting list? Does not the fact that he just mentioned, that Conservative-run Wandsworth has the enormous figure of 50 per cent. of its lettings going to classified homeless people, suggest that that argument, in respect of Wandsworth and probably elsewhere, does not hold water?
Not only do I agree with the hon. Gentleman, but I have checked three other areas of the country. I shall start with Broxbourne, Hertfordshire, the local authority of the Under-Secretary. For the last year for which figures are available, that authority in the affluent south-east and the home counties allocated more than 30 per cent. of its new lettings to the homeless. The Minister may be able to tell us that the figures have increased since then—that would be quite compatible with other figures. In an area that certainly is not renowned for its problems of social disadvantage, nearly one in three of new lettings by the hon. Lady's local council goes to families who have nowhere else to go.
In Gloucestershire, the home county of the Secretary of State, there are six local councils. In Cheltenham, 17·4 per cent. of lettings go to the homeless. The figure for the Cotswolds local authority is 22·2 per cent., for Forest of Dean the figure is 25·6 per cent. and for Tewkesbury, the Secretary of State's own constituency, the figure is 33·6 per cent.;one third. For Gloucester and for Stroud the figures are 48·2 per cent. and 49 per cent. respectively. Lastly, I thought to look at the county of the Minister for Housing and Planning. Avon has six local authorities. They range from Bristol, with 21·9 per cent. of new lettings going to the homeless, to Bath—hardly poverty-stricken England—where 56·7 per cent. of new lettings go to the homeless.Does the hon. Gentleman accept that many of those whom local authorities accept as homeless are mortgage defaulters who tried to buy their own homes but who ran into trouble and failed?
I entirely accept the hon. Lady's point. A friend of mine, who is a Southwark councillor and a solicitor, speaks for my party on housing matters. She tells me that an increasing percentage of those who come through her door are mortgage defaulters and need help to try to prevent their homes from being taken over, after they have had pressure put on them to buy their homes.
The hon. Gentleman will be interested to know that in the local authority that includes my constituency, East Lothian, no fewer than 5 per cent. of council house allocations last year went to people who had lost their homes as a consequence of mortgage default.
I am grateful to the hon. Gentleman. I did not know about that. The hon. Gentleman's constituency is not the kind of place that one imagines as the epitome of the housing crisis in Britain. It is a rural constituency, just north of the border. The statistics show that no area in Britain is exempt from the housing crisis.
Despite having been encouraged by several hon. Members to do so, the Minister did not refer in her speech to the press article which picks up the point that was made by the hon. Member for Newham, South (Mr. Spearing) —that young single people and young married couples are becoming increasingly concerned and frustrated, not surprisingly, about the fact that they cannot obtain local authority housing because the homeless take all that is available. Several young couples come to my advice centre every week and say that they are waiting for housing, but that they are not getting it. They include married couples, certainly those who are planning to be married and those who are engaged. They have no prospect, probably long after they are married, of obtaining accommodation. The Government now propose, after the proceedings in Standing Committee, that in the next Session of Parliament the legislation relating to homelessness will no longer oblige local authorities to house those who have nowhere else to go. It is reported that the legislation for housing homeless persons that my noble Friend Lord Ross of Newport piloted through the House just over 10 years ago is to be repealed. Homelessness is to be replaced by ruthlessness. A permanent obligation on local authorities is to be replaced by a temporary obligation to take people in for a short period, immediately after they have been thrown out on to the street. The amendment requires, very simply, that the same percentage of property should remain available for the homeless as was available before the transfer of property. It is not an unreasonable request. If 30, 50 or 60 per cent. of property is being used for housing homeless families in Broxbourne, Bath and central London, it is not unreasonable to ask that that obligation should be retained. Otherwise, that property might be used to accommodate people who can much more easily manage and afford to find their own homes. It is a modest amendment. If the Government reject it, that will be a token of their unwillingness to make even very modest concessions in favour of those who at the moment have nothing and who are asking for but the smallest crumbs.Question put, That the amendment be made:—
The House divided: Ayes 189, Noes 260.
Division No. 358]
| [4.54 pm
|
AYES
| |
Adams, Allen (Paisley N) | Davis, Terry (B'ham Hodge H'l) |
Alton, David | Dewar, Donald |
Anderson, Donald | Dixon, Don |
Archer, Rt Hon Peter | Dobson, Frank |
Armstrong, Hilary | Doran, Frank |
Banks, Tony (Newham NW) | Douglas, Dick |
Barnes, Harry (Derbyshire NE) | Duffy, A. E. P. |
Barron, Kevin | Dunnachie, Jimmy |
Beckett, Margaret | Eastham, Ken |
Bell, Stuart | Evans, John (St Helens N) |
Bennett, A. F. (D'nt'n & R'dish) | Ewing, Harry (Falkirk E) |
Bermingham, Gerald | Faulds, Andrew |
Blair, Tony | Fearn, Ronald |
Blunkett, David | Field, Frank (Birkenhead) |
Boateng, Paul | Fields, Terry (L'pool B G'n) |
Boyes, Roland | Fisher, Mark |
Bray, Dr Jeremy | Foster, Derek |
Brown, Gordon (D'mline E) | Foulkes, George |
Brown, Nicholas (Newcastle E) | Fyfe, Maria |
Bruce, Malcolm (Gordon) | Galbraith, Sam |
Buchan, Norman | Galloway, George |
Buckley, George J. | Garrett, John (Norwich South) |
Caborn, Richard | George, Bruce |
Campbell, Ron (Blyth Valley) | Gilbert, Rt Hon Dr John |
Campbell-Savours, D. N. | Golding, Mrs Llin |
Canavan, Dennis | Gordon, Mildred |
Cartwright, John | Gould, Bryan |
Clark, Dr David (S Shields) | Grant, Bernie (Tottenham) |
Clarke, Tom (Monklands W) | Griffiths, Win (Bridgend) |
Clelland, David | Grocott, Bruce |
Clwyd, Mrs Ann | Hardy, Peter |
Coleman, Donald | Harman, Ms Harriet |
Cook, Frank (Stockton N) | Hattersley, Rt Hon Roy |
Cook, Robin (Livingston) | Haynes, Frank |
Cousins, Jim | Healey, Rt Hon Denis |
Crowther, Stan | Hinchliffe, David |
Cryer, Bob | Hogg, N. (C'nauld & Kilsyth) |
Cummings, John | Home Robertson, John |
Cunliffe, Lawrence | Hood, Jimmy |
Cunningham, Dr John | Howarth, George (Knowsley N) |
Dalyell, Tam | Howells, Geraint |
Darling, Alistair | Hughes, John (Coventry NE) |
Davies, Ron (Caerphilly) | Hughes, Robert (Aberdeen N) |
Hughes, Roy (Newport E) | Primarolo, Dawn |
Hughes, Sean (Knowsley S) | Quin, Ms Joyce |
Hughes, Simon (Southwark) | Radice, Giles |
Illsley, Eric | Randall, Stuart |
John, Brynmor | Redmond, Martin |
Jones, Barry (Alyn & Deeside) | Rees, Rt Hon Merlyn |
Jones, Ieuan (Ynys Môn) | Reid, Dr John |
Jones, Martyn (Clwyd S W) | Richardson, Jo |
Kaufman, Rt Hon Gerald | Roberts, Allan (Bootle) |
Kirkwood, Archy | Robertson, George |
Lamond, James | Rogers, Allan |
Leadbitter, Ted | Rooker, Jeff |
Leighton, Ron | Ross, Ernie (Dundee W) |
Litherland, Robert | Rowlands, Ted |
Lloyd, Tony (Stretford) | Ruddock, Joan |
Lofthouse, Geoffrey | Sedgemore, Brian |
McAllion, John | Sheerman, Barry |
McAvoy, Thomas | Sheldon, Rt Hon Robert |
McCartney, Ian | Shore, Rt Hon Peter |
Macdonald, Calum A. | Short, Clare |
McKay, Allen (Barnsley West) | Skinner, Dennis |
McKelvey, William | Smith, Andrew (Oxford E) |
McLeish, Henry | Smith, C. (Isl'ton & F'bury) |
McNamara, Kevin | Smith, Rt Hon J. (Monk'ds E) |
McTaggart, Bob | Snape, Peter |
Madden, Max | Soley, Clive |
Mahon, Mrs Alice | Spearing, Nigel |
Marek, Dr John | Steel, Rt Hon David |
Martin, Michael J. (Springburn) | Stott, Roger |
Martlew, Eric | Strang, Gavin |
Maxton, John | Taylor, Mrs Ann (Dewsbury) |
Meacher, Michael | Taylor, Matthew (Truro) |
Meale, Alan | Thomas, Dr Dafydd Elis |
Michie, Bill (Sheffield Heeley) | Thompson, Jack (Wansbeck) |
Michie, Mrs Ray (Arg'l & Bute) | Turner, Dennis |
Millan, Rt Hon Bruce | Vaz, Keith |
Moonie, Dr Lewis | Wall, Pat |
Morgan, Rhodri | Wallace, James |
Morley, Elliott | Wareing, Robert N. |
Morris, Rt Hon A. (W'shawe) | Welsh, Andrew (Angus E) |
Morris, Rt Hon J. (Aberavon) | Welsh, Michael (Doncaster N) |
Mowlam, Marjorie | Wigley, Dafydd |
Mullin, Chris | Williams, Alan W. (Carm'then) |
Nellist, Dave | Wilson, Brian |
Oakes, Rt Hon Gordon | Winnick, David |
O'Brien, William | Wise, Mrs Audrey |
O'Neill, Martin | Worthington, Tony |
Orme, Rt Hon Stanley | Wray, Jimmy |
Parry, Robert | Young, David (Bolton SE) |
Patchett, Terry | |
Pike, Peter L. | Tellers for the Ayes: |
Powell, Ray (Ogmore) | Mr. Alun Michael and Mr. Adam Ingram. |
Prescott, John |
NOES
| |
Adley, Robert | Bonsor, Sir Nicholas |
Aitken, Jonathan | Boscawen, Hon Robert |
Alexander, Richard | Boswell, Tim |
Alison, Rt Hon Michael | Bottomley, Peter |
Allason, Rupert | Bottomley, Mrs Virginia |
Amess, David | Bowden, A (Brighton K'pto'n) |
Amos, Alan | Bowden, Gerald (Dulwich) |
Arbuthnot, James | Bowis, John |
Arnold, Jacques (Gravesham) | Boyson, Rt Hon Dr Sir Rhodes |
Arnold, Tom (Hazel Grove) | Braine, Rt Hon Sir Bernard |
Ashby, David | Brandon-Bravo, Martin |
Atkins, Robert | Brazier, Julian |
Baker, Rt Hon K. (Mole Valley) | Brittan, Rt Hon Leon |
Baker, Nicholas (Dorset N) | Brown, Michael (Brigg & Cl't's) |
Baldry, Tony | Bruce, Ian (Dorset South) |
Banks, Robert (Harrogate) | Buchanan-Smith, Rt Hon Alick |
Batiste, Spencer | Buck, Sir Antony |
Bellingham, Henry | Budgen, Nicholas |
Bendall, Vivian | Burns, Simon |
Benyon, W. | Burt, Alistair |
Biffen, Rt Hon John | Butler, Chris |
Biggs-Davison, Sir John | Butterfill, John |
Blackburn, Dr John G. | Carlisle, John, (Luton N) |
Blaker, Rt Hon Sir Peter | Carrington, Matthew |
Body, Sir Richard | Carttiss, Michael |
Cash, William | Knight, Greg (Derby North) |
Channon, Rt Hon Paul | Knight, Dame Jill (Edgbaston) |
Chapman, Sydney | Knowles, Michael |
Chope, Christopher | Lamont, Rt Hon Norman |
Churchill, Mr | Lang, Ian |
Clark, Hon Alan (Plym'th S'n) | Latham, Michael |
Coombs, Simon (Swindon) | Lawrence, Ivan |
Critchley, Julian | Lee, John (Pendle) |
Davis, David (Boothferry) | Lennox-Boyd, Hon Mark |
Day, Stephen | Lester, Jim (Broxtowe) |
Devlin, Tim | Lightbown, David |
Dorrell, Stephen | Lilley, Peter |
Douglas-Hamilton, Lord James | Lloyd, Sir Ian (Havant) |
Dunn, Bob | Lloyd, Peter (Fareham) |
Durant, Tony | Lord, Michael |
Eggar, Tim | Luce, Rt Hon Richard |
Emery, Sir Peter | Lyell, Sir Nicholas |
Evennett, David | MacKay, Andrew (E Berkshire) |
Fallon, Michael | McLoughlin, Patrick |
Favell, Tony | McNair-Wilson, Sir Michael |
Field, Barry (Isle of Wight) | McNair-Wilson, P. (New Forest) |
Finsberg, Sir Geoffrey | Madel, David |
Fookes, Miss Janet | Major, Rt Hon John |
Forman, Nigel | Malins, Humfrey |
Forsyth, Michael (Stirling) | Marland, Paul |
Fox, Sir Marcus | Marshall, John (Hendon S) |
Franks, Cecil | Marshall, Michael (Arundel) |
French, Douglas | Martin, David (Portsmouth S) |
Gale, Roger | Mates, Michael |
Garel-Jones, Tristan | Maude, Hon Francis |
Gilmour, Rt Hon Sir Ian | Mawhinney, Dr Brian |
Goodhart, Sir Philip | Maxwell-Hyslop, Robin |
Goodlad, Alastair | Mayhew, Rt Hon Sir Patrick |
Goodson-Wickes, Dr Charles | Mellor, David |
Gow, Ian | Miller, Sir Hal |
Grant, Sir Anthony (CambsSW) | Mills, Iain |
Greenway, Harry (Ealing N) | Miscampbell, Norman |
Greenway, John (Ryedale) | Mitchell, Andrew (Gedling) |
Gregory, Conal | Mitchell, David (Hants NW) |
Griffiths, Sir Eldon (Bury St E') | Moate, Roger |
Griffiths, Peter (Portsmouth N) | Monro, Sir Hector |
Grist, Ian | Montgomery, Sir Fergus |
Hamilton, Hon Archie (Epsom) | Moore, Rt Hon John |
Hamilton, Neil (Tatton) | Morris, M (N'hampton S) |
Hampson, Dr Keith | Morrison, Sir Charles |
Hanley, Jeremy | Morrison, Rt Hon P (Chester) |
Hannam, John | Moss, Malcolm |
Hargreaves, A. (B'ham H'll Gr') | Nelson, Anthony |
Hargreaves, Ken (Hyndburn) | Neubert, Michael |
Harris, David | Nicholson, David (Taunton) |
Haselhurst, Alan | Nicholson, Emma (Devon West) |
Hayhoe, Rt Hon Sir Barney | Onslow, Rt Hon Cranley |
Hayward, Robert | Oppenheim, Phillip |
Heathcoat-Amory, David | Paice, James |
Heseltine, Rt Hon Michael | Pattie, Rt Hon Sir Geoffrey |
Hicks, Robert (Cornwall SE) | Pawsey, James |
Higgins, Rt Hon Terence L. | Peacock, Mrs Elizabeth |
Hind, Kenneth | Porter, Barry (Wirral S) |
Hogg, Hon Douglas (Gr'th'm) | Porter, David (Waveney) |
Holt, Richard | Powell, William (Corby) |
Hordern, Sir Peter | Price, Sir David |
Howell, Rt Hon David (G'dford) | Rathbone, Tim |
Howell, Ralph (North Norfolk) | Redwood, John |
Hughes, Robert G. (Harrow W) | Rhodes James, Robert |
Hunt, David (Wirral W) | Riddick, Graham |
Hunt, John (Ravensbourne) | Ridley, Rt Hon Nicholas |
Hunter, Andrew | Rifkind, Rt Hon Malcolm |
Irvine, Michael | Roe, Mrs Marion |
Jack, Michael | Rossi, Sir Hugh |
Janman, Tim | Rost, Peter |
Jessel, Toby | Rowe, Andrew |
Johnson Smith, Sir Geoffrey | Ryder, Richard |
Jopling, Rt Hon Michael | Sackville, Hon Tom |
Kellett-Bowman, Dame Elaine | Sainsbury, Hon Tim |
Key, Robert | Sayeed, Jonathan |
Kilfedder, James | Shaw, David (Dover) |
King, Roger (B'ham N'thfield) | Shaw, Sir Giles (Pudsey) |
King, Rt Hon Tom (Bridgwater) | Shaw, Sir Michael (Scarb') |
Kirkhope, Timothy | Shephard, Mrs G. (Norfolk SW) |
Knapman, Roger | Shepherd, Colin (Hereford) |
Shepherd, Richard (Aldridge) | Waddington, Rt Hon David |
Shersby, Michael | Wakeham, Rt Hon John |
Sims, Roger | Waldegrave, Hon William |
Smith, Tim (Beaconsfield) | Walden, George |
Soames, Hon Nicholas | Walker, Bill (T'side North) |
Speller, Tony | Waller, Gary |
Spicer, Sir Jim (Dorset W) | Walters, Sir Dennis |
Squire, Robin | Ward, John |
Stanbrook, Ivor | Wardle, Charles (Bexhill) |
Stern, Michael | Warren, Kenneth |
Stevens, Lewis | Watts, John |
Sumberg, David | Wells, Bowen |
Summerson, Hugo | Wheeler, John |
Tapsell, Sir Peter | Whitney, Ray |
Taylor, Ian (Esher) | Widdecombe, Ann |
Taylor, Teddy (S'end E) | Wiggin, Jerry |
Tebbit, Rt Hon Norman | Wilshire, David |
Temple-Morris, Peter | Winterton, Mrs Ann |
Thompson, Patrick (Norwich N) | Winterton, Nicholas |
Thorne, Neil | Wolfson, Mark |
Townend, John (Bridlington) | Wood, Timothy |
Townsend, Cyril D. (B'heath) | Yeo, Tim |
Trippier, David | Young, Sir George (Acton) |
Trotter, Neville | |
Twinn, Dr Ian | Tellers for the Noes: |
Vaughan, Sir Gerard | Mr. Kenneth Carlisle and Mr. David Maclean. |
Viggers, Peter |
Question accordingly negatived.
Clause 66
Power To Give Financial Assistance
I beg to move amendment No. 313, in page 47, line 45, leave out 'person' and insert
The amendment relates to the grant-making powers of a HAT. Clause 66(1) says:'statutory authority or registered charity'.
It sets out the forms in which such assistance may be given. Amendment No. 313 is a probing one, but I believe that it has probity. Being able to give assistance to any person—admittedly with the consent of the Secretary of State —is a wide power. My hon. Friends will confirm that such power is not given to local authorities. They are subject to strict auditing by the local auditor, despite the fact that they share with a HAT the objective of improving living conditions in an area. The objectives of a HAT go much wider than that. A HAT can do almost anything, as was shown in earlier debates. Under clause 58(3)(d), a HAT can"For the purpose of achieving its objects a housing action trust may, with the consent of the Secretary of State, give financial assistance to any person."
I am not suggesting that the Secretary of State or Ministers will agree to allow a HAT to pay money to anyone for doing anything. I should not be quite so naive as to believe that. Nevertheless, the consent of the Secretary of State is obtained not by an open, glasnost process but by writing letters. A local authority, using its more limited powers, must obtain consent from the Secretary of State—a letter is sent, the local authority committee receives an answer and there may be something in a council's minutes to say that the Secretary of State has given consent. No such conditions apply to a housing action trust. We have heard nothing much about the meetings that the housing action trust will have and we have heard only vaguely about an annual report. Nominated persons in the HAT will have the power to give any person grants—albeit with the consent of the Secretary of State—for very wide purposes. That is an enormous privilege, and I use that word advisedly. Privilege is something that we prize greatly in this House, but privilege has another side to it, which is responsibility. I suggest that the clause as drafted contains a temptation to irresponsibility. I speak with some experience because, as everyone knows by now, we have a sort of housing action trust in the London area. We have a quango called the London Docklands development corporation. We are now being asked to form heaven knows how many other, smaller quangos in different parts of the country. From what we heard in the last debate, it appears that even Broxbourne may be a candidate for a HAT, surprising though it may be to hear that that part of Hertfordshire has a problem of homelessness. The Government are usually very worried about public expenditure. They were worried to the tune of £4 billion, which they doled out to well-off people. As we know from the Prime Minister's rather nasty replies last week, when it comes to people on social security and to pensioners, the Government are as tight as tight can be. The clause allows housing action trusts to give away money to more or less anybody for anything, subject to the consent of the Secretary of State. We must ask for what purpose they will give it away. Unfortunately—I was not present for the debate—I understand that, since I tabled the amendment, or around the same time, the Government have tabled their own amendments to the effect that a list of persons to whom money has been given will be published at the end of the year. Perhaps the amendment appears in another group. That amendment has been tabled and discussed since I tabled mine, but that does not detract from the probing nature of my amendment. There is a risk that a dependent society may arise. The Government are all against a dependent society. They tell us that they are against dependency, whatever that is, when it is municipally funded or when it is funded by the Department of Health and Social Security. They will have to shell out an awful lot more on the homeless as they increasingly fall out of the bottom of the housing market, and on those who get into debt. There is not an hon. Member who does not receive almost daily through his letter box inducements to get into debt, from banks and many others. Let us consider the powers available to the HATs. As we know, they have the power to dispose of property and I believe that the HATs will promote a dependent attitude because of the example of the London Docklands development corporation in east London, where little money is available from local authorities. Sports organisations, youth organisations, old people's organisations and advice organisations are all having their grants cut and cut again, sometimes to the extent that they cease to operate. Then the LDDC comes along and hands out money here, there and everywhere—for a sports kit for a primary school, a presentation to an old persons' club or for the increased architectural merit of a new school. In each case, "by courtesy of the LDDC" will be posted up. It is well known that if one wants money in east London one tries the LDDC. 5.15 pm It is all public money, but it is not being disbursed by an accountable elected authority. We know the LDDC's record. It has repeatedly been pointed out how much a housing action trust will resemble an urban development corporation. HATs will be seen as bodies to which to apply for money, because they will have a lot of it. That will give them power—the power of patronage and to be the squirearchy of the area. I am not suggesting that you, Mr. Deputy Speaker, would be called upon to be a member of a housing action trust, because you are in this House. But imagine being invited to be the chairman or chief executive of a housing action trust. I know how such people operate, because I have seen them. Everywhere they go, people doff their caps almost because these functionaries, nominees of the Secretary of State, can hand out £10,000 here and £100,000 there in east London. They do so all the time. That is a reversion to another age, although the genuine squirearchy used their own money. The characters in the HATs will hand out our money. I do not impugn their integrity. I am merely saying that the Government have set up in law a thoroughly 19th-century arrangement. We know how Victorian the Prime Minister can be when she chooses, although it is all Victorian vice and very little Victorian virtue. The Labour party is a Victorian organisation, but a virtuous one."carry on any business or undertaking".
Does my hon. Friend agree that the LDDC is virtually a dictatorship in docklands and that the housing action trusts will be another form of dictatorship? Consider the problems that there have been with the management of the LDDC—the members of the executive and the executive officers. Will there be an equal amount of bumbling in the boards of the bodies that will control vast amounts of public money in housing? Will we see an equally sad lack of help for those in need in the area?
I am afraid that my hon. Friend is right. We cannot be certain that the animal will work in that way, but from my experience of the jumbo animal, the little jumbos will probably work in the same way. I say that for one reason alone: it is human nature. I do not think that there is a single hon. Member, however to the Left or the Right of the spectrum he may be, and however moral according to the Prime Minister's precepts, who, given the power to hand out such sums almost on the nod, would not be tempted. I am told that in the LDDC three or four people meeting in secret decide these matters. I suggest not that there would be subversion—that is a strong term—but that the members of the HATs would tend to be a little casual in dealing with these matters.
I do not believe that such a way of going about things is in the best tradition of British public administration. I am not so sure that it is in any traditions of British public administration, of which the Government constantly say they are in favour. It is an invitation to temptation. I do not question the integrity of future members of a HAT, its chief executive or chairman, but they will be in a position to hand out substantial sums for a wide range of purposes that are only indirectly related to the operation of the trust. Clause 58 says that HATs may" They could assist people to move. A HAT would undoubtedly find it profitable to assist people to buy their homes elsewhere, as the capital gain on sale of the HAT property would be considerable. If the Treasury did not want the money, the Secretary of State might. Indeed, the Secretary of State might direct a HAT to do that. Some may say that that is going a bit far, but not at all. About one year ago, the Secretary of State for the Environment said that he wanted the LDDC to make as much profit as possible from increased land values, so that he could help fund dockland development corporations in other parts of the country. I think that he may have softened his tune a little, because he now understands the needs of people in east London. His attitude is, however, only slightly different now, and if he can do that for the LDDC, a HAT could operate in the same way. People may be glad to take the money made available to them to move. I can imagine people vacating nice property in my constituency which the HAT could dispose of at an enormous capital gain. Indeed, I think that that has already happened in the Isle of Dogs."acquire, hold, manage, reclaim and dispose of land … carry out building and other operations; … carry on any business or undertaking: and may generally do anything necessary or expedient for the purposes of those objects and powers or for purposes incidental thereto.
indicated assent.
I see that my hon. Friend the Member for Bow and Poplar (Ms. Gordon) is nodding in agreement. Her local authority is operating in that direction, and the Bill will speed up the process.
The Minister may wish to comment on my suppositions. If she can deny them, I will be pleased. I am one of those who believe that there is a hidden agenda. Much of the Government's legislation has a hidden purpose, which may be discerned by spotting its salient features. The Minister for Housing and Planning, whom we welcome back, may not be enthusiastic about that approach, but I am sure that those who were responsible for the genesis of HATs were. That approach was given a boost by all that stuff about the Walker plan a fortnight ago. We were told that council tenants are to be offered their own premises not at half price but at virtually no price. That has not appeared in the Bill, but what is to prevent HATs from being vehicles for that process? Nothing. They can dispose of land. It does not have to be at market price. If there is anything to prevent it, perhaps the Minister, if she knows about it, will tell me. What is to prevent HATs from becoming "mini-Walker sales bodies"?My hon. Friend has introduced the English Secretary of State for Wales into the equation and said that there is an element of Victorian values here. Does my hon. Friend agree that, with the Secretary of State for Wales, the role of the LDDC and the possibility of HATs, what we are talking about is neo-colonialism? Good and worthy people are going out and doing their good works during the day and retreating to their leafy suburbs for the night. The only thing that they probably do not carry with them that the colonialists did is a Bible to tame the heathen savages
There are elements of that, but my hon. Friend reminds me of when an Austrian radio commentator came to my constituency to look at what was happening in docklands, as there was some rehabilitation and rejuvenation in some Austrian towns. He was appalled and said, "Mr. Spearing, what is happening here is a takeover by an imperial power."
The Secretary of State for Wales has put forward his plan. It could operate well with HATs. There is nothing to say that the plan is confined to areas that are absolutely physically rundown. Clause 55 tells us that among the factors which the Secretary of State has to bear in mind is the extent to which housing is occupied, its physical state and design, the area it is in and any need to repair or improve it. It does not say that the housing has to be in a bad state. It can be in jolly good state. The more we examine the matter, the more possibilities emerge and the more we are worried. As I said earlier, the best Victorian virtues are very good. They are the ones which the Prime Minister pretends to practise, but in fact she practises only Victorian vices. We can take the example of the Division which took place not very long ago. It was about the homeless. The word "homeless" does not appear in the Bill. For how many hours have we discussed it? What sort of Housing Bill is this which does not mention the homeless when, even in leafy Broxbourne, 15 per cent. of the people having to be housed by the council are homeless? That is the sort of Victorian vice that we know all about. The subject was explored in the excellent play by Galsworthy that we saw recently on television. It was about a man of integrity who was wholly out of tune with his time. Why should there not be a list confining assistance to statutory authorities and registered charities? If somebody wished to avail himself of a HAT's largesse, he could form a small local charity which acts as a second tier. That often happens in other areas. That would avoid any suspicion of a conveyor belt taking public money to people who do not need it. I await the Minister's reply, but I fear that it will not be very satisfactory.One would have thought that, when framing legislation, the Government would consider the problems being experienced in housing and try to alleviate local authorities' difficulties.
My hon. Friend the Member for Newham, South (Mr. Spearing) has advanced a strong argument, and said that we do not know how much money HATs will have, where it will go and who will control it. If we are to have organisations with spare money to dole out, I should have thought that the Government would consider meeting housing need. One group that I wish to bring to the Government's attention is the young single homeless. If financial support is to be possible, why cannot some of it go towards counselling and support services for such people? We all know that the crisis of the young single homeless will increase when the poll tax is introduced as many families with children aged over 18 who live at home will find it difficult to carry the burden of poll tax. There is, therefore, a danger that yet more young people will be shoved out on to the streets, where they will join the many who are already wandering around. Local authorities have no statutory responsibility to house the young single homeless unless they are considered to be at some special risk. Therefore, if funds are to be made available to the HATs, I hope that they will consider such groups, which have been ignored for many years by housing authorities. I do not blame local authorities—they have enough to do as it is to meet the increasing demands that are made on them. Although they are sensitive to the needs of the young single homeless, and of other groups such as single parents, they find it difficult, within their budgets and facilities, to meet those needs and make accommodation available. 5.30 pm That brings me to the accountability of the housing action trusts. The lack of accountability has been mentioned. It is amazing that the Government seem to think that lack of accountability in housing is more desirable than accountability of local authorities, which know local needs and local issues, and can direct their attention to areas of stress and need, rather than to have a quango that may not be closely associated with the area.I am sure that my hon. Friend has read "The Ragged-Trousered Philanthropists". I was reminded of the council carving up little bits. They were suspect elected representatives.
My hon. Friend is right, and "The Ragged-Trousered Philanthropists" is compulsory reading for all Socialists. There is a danger of such a carve-up and a lack of accountability. The clause also introduces the danger of patronage in how the money will be doled out. It worries me that the Government assume that the housing action trusts will be more responsive to local needs.
In my constituency, the local council has embarked on a radical scheme, in co-operation with building societies and English Heritage, to modernise steel workers' ironstone cottages, which are part of the local historic tradition. That will not only preserve that heritage but provide useful two-bedroomed accommodation. The local authority has not had difficulty getting the scheme off the ground, but the Government have prevaricated in the negotiations between the authority and the building societies, placing the scheme in doubt. That does not give me a great deal of confidence about any independence of the housing action trusts and their meeting local needs any more efficiently than the local council. What will happen to any housing stock that is handed over to housing action trusts? I return to the single homeless. My local council recently modernised a pre-war block of flats in Queensway, the idea being that the accommodation should be for couples and single people. I wonder whether the same priority will be given by a housing action trust that finds a similar block of flats. The trust may find it useful for yuppification and dispose of the property, possibly for profit. Make no mistake, those ripples of yuppification are spreading out of London as far north as my constituency, where yuppies from London are looking for bijou boltholes in Scunthorpe. Believe me, I would rather have a bijou bolthole in Scunthorpe than live in docklands any day. I say that from the bottom of my heart. That trend has the undesirable consequence of forcing up the price of local property and puts yet more pressure on young people who want to leave home and, in many cases, have to leave home. Such young people want a start on the housing ladder and to find somewhere to live. There does not seem to be any direction for the money that is being made available to HATs. I should like money to go to local authorities, where it could be controlled by democratically elected and accountable people. It could be directed towards need, not greed, rather than being doled out in the spirit of paternalistic 19th century patronage. We should face such issues. I know very well that the Government will not accept the amendment, because they do not care about issues such as I am raising. But Opposition Members intend to pursue those matters in great detail because many people face considerable stress and are in great need. I want to highlight the needs of young single parents and single-parent families, who are only one group of many.My hon. Friend mentioned single young people. In Bristol, of 14,000 people who are able to register on the housing waiting lists, almost two thirds are couples—[Interruption.] I believe that there should be just one debate in the Chamber. I appreciate that hon. Members talk in the Chamber, but sometimes the noise is so loud that it distracts others.
Nearly two thirds of the 14,000 people on the waiting lists in Bristol are single people and childless couples. In 1985, the city council projected, on the basis of the census, that in Bristol we should need to build accommodation for single people only to account for the demographic changes. I am sure that my hon. Friend will agree that that is where the money should be directed, not into property speculation through HATS.I thank my hon. Friend, who has put her finger on the issue by identifying where any resources should go. It is a sad reflection of the trends in our society that there are more single parents. That is a growing group, as the Government know, because of the stresses and strains on marriages and the increasing divorce rate. There are also stresses and strains on the family unit. Increasing numbers of young people have to leave home for all sorts of reasons, not least to look for work in other areas.
That is why I argue that the Government are not giving enough attention to the single person, the young single person and single parents. If money is to be made available to the housing action trusts, it should be directed in a logical and accountable way towards meeting people's needs, and not simply be a paternalistic backhander from the Government to the HATs.I congratulate my hon. Friend the Member for Newham, South (Mr. Spearing) who, in an assiduous manner—displayed these past 24 hours—has extracted the hidden agenda of the HAT proposals.
After the debates in Committee, I believe that there is a danger of what can be described only as a slush fund. The Under-Secretary is yawning once again, but she and the Minister of State made it clear that HATs were about transferring millions and sometimes multi-million sums of public assets to unelected organisations with a responsibility for disposing of those assets. The profit from the disposal of the assets would go to the national Exchequer, not back to the local community, which built up the assets in the first place. In the legislation, we are seeing the possible preparation of a slush fund.My hon. Friends the Members for Newham, South (Mr. Spearing) and for Makerfield (Mr. McCartney) have both referred to a hidden agenda, which seems to be obscured from the Under-Secretary. Will my hon. Friend speculate as to why the hon. Lady has not been told about it?
The whole Bill has been somewhat obscure to the Under-Secretary—I am not being nasty when I say that. One can only speculate on the number of notes passed between the unknown civil servants and the Minister and come to the conclusion that the Secretary of State has not told her what the Bill is about. The Minister was in such a state that she had to go to Finland for a rest. She is back now—
Looking like a sherbert lemon.
Yes, but I would not have said that. I hope that the Minister will be able to put our minds at rest.
We can only surmise about Government policy. For example, through the Greater London council and so on, the Government virtually handed over to Thamesmead plc lock, stock and barrel, the housing assets of the estates, the land and the derelict land. It has now become clear that the derelict land holding of Thamesmead plc is worth about £300 million. That has been stripped from the public purse. The Government's intentions as to financial assistance are not clear. We do not know where the money will come from. Will it be money that has accrued from the sale of public assets? Will it be additional grant from the Department of the Environment? Will the housing action trusts be able to claim aid? Will they be able to claim money from the Manpower Services Commission? Will they be able to claim money from other public sources? Will it simply be money accrued from the sale of public assets, to be disbursed without any accountability? I am curious to know why the Government have included in the Bill the words "any person." In a local authority, the district auditor would take action. I can give an example of that. During the miners' strike, in the Wigan metropolitan council we used certain sections of the Local Government Act 1986. We used the product of a penny rate to assist families in need. We helped the children and wives of miners with food and emergency payments. The district auditor ruled that the payments were not legal. Repayments have continued since the end of the strike and will continue until everything has been repaid. That is the public's perception of a local authority assisting families in need. The Bill allows public assets to be stripped and the profits disbursed without public accountability. I could understand that if there were to be community centres, advice agencies, centres for the unemployed, tenants' associations, meals on wheels or pre-school nursery groups within the community covered by the HAT. I could understand it if the HAT was providing assistance—albeit, as has been said, in a colonialist way. In some instances such organisations would be registered charities and would be recognised by the community for the work they have done. Will the HATs be like a bank allowing the sale of the property, organising mortgage arrangements and assisting with repairs and rehabilitation so that the property can be resold on the open market? What is the nature of the assistance to be given? In disposing of the assets, will financial assistance be given to those to whom the assets are disposed? It is important that the Minister clarifies the position. In areas where HATs may be set up, the public are worried about what will happen to their property and community. Local authorities which are under threat from HATs are entitled to know whether the profits from their assets will be given to others inside or outside the community. It is important to know that, because HATs will have other functions, particularly in relation to environmental health. Is it intended that the money be used to pump-prime houses in the private sector or for repair grants or other refurbishments? If the money is used for that purpose, will the local authority have its grant reduced because that money will be taken into account when considering the overall level of spending on refurbishing and repair grants?5.45 pm
Does my hon. Friend agree, apart from the points that he has eloquently outlined and with which I agree, that there is another potential problem with HATs? If they remove a substantial chunk of public sector housing, if the authority wishes to undertake estate renovation or whole-street renovation, it will be difficult to find empty properties so as to decant the tenants. To lose a substantial amount of property will hold up whole-house developments or large-scale developments of older housing stock.
That goes back to the arguments that some of us were putting in relation to the grounds for eviction and whether ground for possession is the rehabilitation of a property. We discussed the position of the tenure being offered to new tenants within the HAT.
My hon. Friend asked a question that may have been rhetorical or actual and may have been for the Minister or the world in general. The answer is part of the hidden agenda. Clause 58 says:
I emphasise the words "for the time being". That implies that it is transitional and that the power is to be used for the sale of properties."The primary objects of a housing action trust in relation to the designated area for which it is established shall be—(a) to secure the repair or improvement of housing accommodation for the time being held by the trust".
My hon. Friend is absolutely right. That is not part of the hidden agenda. That was clearly the position of the Minister. The Minister made it clear that we are talking about a transitional period of, say, five years. The job of the HAT will be to move in, take over the public sector stock, have it revalued and then make its decisions as to whether the stock and assets are to be sold to the private sector as they stand or after they have been refurbished, or whether they are to be offered to sitting tenants. This is a massive asset-stripping job. It is probably one of the largest asset-stripping jobs in the privatisation programme.
The first HATs are only a lead-in and provide a learning process for the Government on the best way to get rid of public sector accommodation. Conservative Members have occasionally muttered a few comments about the Bill. They and the Ministers have made it clear that local authorities are no longer seen as providers of housing. They are there to deal with aspects such as homelessness and to maintain a register for the homeless, registers for the transfer of tenancies, and other things that cost money in terms of administration costs and with which the Government do not want to lumber HATs. We are dealing with a slush fund. We are debating whether that slush fund is for short-term gain in terms of HATs promoting their image within the community, or for facilitating the rapid sale of the properties and land within the confines of the HAT. The Minister will have to tell us what will happen to derelict land. I have already said that Thamesmead has £300 million—worth of derelict land. Will the HAT be able to claim derelict land grant, or will the money replace the grant?The Minister will correct me if I am wrong, but I believe that the ability of any housing authority to obtain derelict land grant for housing development was taken away last year. In fact, I believe that the last such grant was made in my own constituency. So that option will not be open.
That highlights my point about selling assets to the private sector and then giving it the resources to use the land for its own purposes, whether to create something for the community or purely to make profits. In many areas, especially in the north of England and in parts of industrial Wales, north-east England and London, huge tracts of derelict land are available as a natural resource and massive profits can be made overnight through speculation and transfers of ownership. A major example is the way in which the docklands development has transferred derelict land assets from the community to the private sector. [Interruption.] That must be the 25th or 26th time that the hon. Member for Harrow, West (Mr. Hughes) has made a childish jibe from a sedentary position. If he wishes to contribute to the debate, I will give way to him.
Why had local councils left the land derelict for so long? Why does the Labour party not admit responsibility for that?
That comment shows the ignorance of Conservative Members about the ownership of derelict land. In London and other urban areas, the overwhelming proportion of such land is owned not by local authorities but by the private sector and by other public sector bodies. The derelict land programme exists because of the work of local authorities. My local authority has the largest reclamation programme of any local authority in Europe. In the main, derelict land has been the by-product of de-industrialisation, when the private sector, having made its profit, gets out and leaves the community to cope with the resulting disaster.
Talk to Londoners.
It is typical of the hon. Gentleman to try to make cheap political jibes when we are trying to resolve the major problem of how derelict land can be brought back to public use for employment or environmental purposes, whether by the public or the private sector.
The derelict land in my constituency results from the massive steelworks closures brought about by the Government. The local authority has not been able to tackle the problem because, when the land was in private ownership, there was unrestricted dumping of poisonous chemicals of all kinds on the site. No local authority has the money to tackle that scale of pollution. It requires Government money, although in fact it is the responsibility of the private company which polluted the site and then, having taken its profit, left the problem to the local authority.
Again, my hon. Friend makes the position clear. [Interruption.] The hon. Member for Harrow, West is trying to interrupt from a sedentary position again. He should quit while he is ahead. For three months he was in a privileged position to contribute to the Committee debates on these issues, but he signally failed to do so, although no doubt we shall hear more interruptions from him between now and 2.30 tomorrow afternoon. [HON. MEMBERS: "What about Wigan pier?"] Wigan pier is a prime example of a local authority initiative turning private dereliction to public use. This year it was awarded the European heritage award for the best environmental improvement in Europe. It is so good that Ministers arrive almost daily to see what a wonderful job the local authority has done. If the hon. Member for Harrow, West is really interested in the refurbishment of the local economy and community through the proper use of derelict land grant and public investment, I invite him to come to Wigan—he might learn something.
On a point of order, Mr. Deputy Speaker. Is it in order for the Government Whip to admonish a Conservative Back Bencher for having the temerity to intervene after sitting silent for so long?
Further to that point of order, Mr. Deputy Speaker. I was listening to my hon. Friend the Whip. He was complimenting my hon. Friend the Member for Harrow, West (Mr. Hughes) on his contribution.
This gives me the opportunity to point out that there are rather too many private conversations on both sides of the House. I have been tolerant because the House has been sitting for some time, but I am sure that we shall make greater progress if hon. Members will restrain themselves.
I am grateful for your protection, Mr. Deputy Speaker. My hon. Friends were not talking among themselves—they were giving me encouragement. Since about two o'clock this morning, Conservative Members have been filibustering with childish comments and pranks. I even had to admonish one group who had obviously come in from Annabel's after a bit too much pink champagne and tried to disrupt the proceedings. The Opposition, however, will not be deflected from dealing with the issues at stake.
To return to my subject, will the money be used for benevolent community purposes to assist the poorest members of the community living within the confines of the housing action trusts? Will it be used to help families who, due to the changes in income support, can no longer claim lump sum payments for essential items such as furniture, carpets and curtains or so-called luxuries such as cookers, bedding and heating appliances? If the money is to be spent on that kind of activity to maintain the social fabric of the community, I should be the first to say that the amendment should be withdrawn, but I suspect that that is not the prime objective. The money is a slush fund to be used once the assets have been stripped from the local authority and the community, and it will find its way into the pockets of those who should never have received it. I end with a question to my hon. Friend the Member for Newham, South (Mr. Spearing); there is not much point in asking the Minister, as we shall get no reply. Is there not widespread disquiet about the docklands accounts and the way in which hundreds of millions of pounds of public money has been disbursed by the corporation? There should be full public knowledge of that, but the allegations are still not in the public domain because of the secrecy involved in that development.As my hon. Friend may know. the Merseyside development corporation has been severely criticised by the auditors for not keeping proper financial control over its expenditure.
I apologise to my hon. Friend for not alluding to that point. He and other hon. Members from that region are disquieted, given that the organisation was set up in a blaze of glory precisely to undercut or cut out the role of the then Merseyside county council, the Liverpool city council and other councils involved in the regeneration of Merseyside. It is a crying shame, considering the major cuts in rate support grant and housing investment programme money for authorities in Merseyside, when a non-elected quango, appointed by the Secretary of State, is not only squandering but misusing public money. Will the Secretary of State take action and seek to recover public resources in the same way as he attempted to crucify bankrupt Labour councils for simply providing new homes and refusing to cut public and social services?
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I thank you for calling me, Mr. Deputy Speaker.
The hon. Gentleman is on the Opposition Back Benches now.
Yes, I get around as much as I can. Presenting a moving target on a day such as this is safer, and probably in the best interests of my future health and prosperity.
I trust the Under-Secretary of State. She certainly never makes a promise that she does not keep. She gets around that, of course, by never making any promises. At least that is an advance on the promises that other Ministers do not keep. It may have been a back-handed compliment, but it was still meant as a compliment. We are suspicious of this part of clause 66. That is why my hon. Friend the Member for Newham, South (Mr. Spearing) moved amendment No. 313. We raised this matter in Committee on 18 February. To his credit, the hon. Member for Brecon and Radnor (Mr. Livsey) drew particular attention to HATs giving financial assistance to any one person. We all miss the incisive contributions that were made by the hon. Member for Brecon and Radnor. We wish that we could pray in aid his oratory this afternoon. The answer that we got from the Government was wholly unsatisfactory. It was not an answer at all. I shall make a brief contribution on this occasion, just to get my hand back in, as it were. I ask the Minister to be more precise about what sort of individuals the Government had in mind when they framed clause 66. As the amendment rightly states, it would be far more appropriate for grant-giving powers of HATs to have been given to fund local needs through community centres, advice agencies and tenants' associations. In view of what we know is going on elsewhere, and the possibility of councils extending the principle of portable discounts to people, there might be such an element. My hon. Friend the Member for Leeds, West (Mr. Battle) might develop that point. As my hon. Friend the Member for Makerfield (Mr. McCartney) said, there is a possibility that there will be a slush fund and that HATs will be used to give lump sums to individuals to tempt them to move out so that flats and houses can be sold. That is another form of winkling, and we are worried about it. Perhaps my hon. Friend the Member for Newham, South could be moved to consider withdrawing his amendment if we were to have some more assurances from the Minister. Picking up the point about the financial probity of the London Docklands development corporation, my hon. Friend the Member for Newham, South is undoubtedly the best expert in the House on the functions, activities and behaviour of the London Docklands development corporation. But Opposition Members and people in the east end are seriously worried about the financial business and doings of the LDDC, and so was the auditor. I understand that the Public Accounts Committee will interview representatives of the LDDC to see whether it can get to the bottom of the matter. With unelected, effectively unaccountable quangos, away from the scrutiny of the ballot box, without public admission to meetings, and without printed agendas and minutes, there is always the problem of all the things that they can get up to. We shall refer to that matter when we examine the composition of HATs and the publication of their guidelines. The Minister will set a good scene for later debates if she gives us some more assurances about what this part of clause 66 means in respect of HATs giving grants to individuals.I have listened with amazement to some of the wild allegations that Opposition Members have made about the likely activities of HATs. It is quite untrue to suggest that the Bill gives HATs an unfettered ability to spend taxpayers' money. HATs will be able to use their power to give financial assistance only with the consent of the Secretary of State. My Department will issue a financial memorandum to HATs, setting out in detail the circumstances in which assistance may be given. As provided in amendment No. 332, which the House agreed only a little time ago, full details of all financial assistance by each HAT will be set out in annual reports submitted to Parliament.
Opposition Members are becoming obsessed with derelict land. That land may be of particular relevance to urban development corporations in Thamesmead, but it is of marginal relevance to HATs, which will be set up to improve life for people who live in run-down council housing. HATs will certainly be required to make the best possible use of derelict land in their areas, as the Secretary of State expects local authorities to do. The hon. Member for Makerfield (Mr. McCartney) referred to accountability. Of course HATs will not be asset-strippers. The interests of the residents in the area will be essential to HATs' interests. Despite what Opposition Members have said, I emphasise that HATs will be fully accountable to Parliament through the Secretary of State. HATs' activities will be controlled and monitored through the corporate planning system. The Secretary of State will have powers of direction over HATs, and HATs will be required to submit annual reports to Parliament. We are about to consider an amendment that was promised in Committee to allow the National Audit Office access to HATs, to carry out value-for-money audit examinations. That will ensure HATs' final financial accountability.I follow up the hon. Lady's commitment about HATs not being asset-strippers and about their accountability. Does that mean that, when HATs sell housing stock, whether or not they are rehabilitated at the time of transfer, the Government will not allow that stock to be transferred to absentee landlord companies? That is similar to what is happening with British Coal property. What steps will the hon. Lady take to ensure that, when it is transferred, stock will not be resold on the open market, as so many Coal Board houses have been? Even within a day of the sale of an asset in London, tenants are left not knowing who their real landlords are.
The assurances that the hon. Gentleman is seeking were debated in Committee. He knows that the interests of residents in HAT areas are of prime importance.
It is simply nonsense to seek, as amendment No. 313 does, to restrict HATs to giving financial assistance to statutory authorities or registered charities, both of which are encompassed in the general term in clause 66, "person". Therefore, I call on hon. Members to reject the amendment
I beg to move, That the debate be now adjourned.
I believe that it would be in the interests of the House for us to adjourn our consideration of the Bill now and not to proceed with any further business today. The Opposition undertook that, if the House debated the Housing Bill through last night, the Bill would be completed today. That undertaking was repeatedly reaffirmed. The Opposition have now indicated that they do not intend to fulfil that undertaking. The House can work only on the basis that where undertakings are given they are honoured. In the present circumstances, we shall need time to consider very carefully how we should proceed.That is one of the most outrageous statements that I have heard the Leader of the House make. He made accusations about my right hon. and hon. Friends who have been negotiating with him, but they are not here to answer those accusations. He did not have the courtesy to tell them that he would be coming here to make those outrageous accusations—
Will the hon. Gentleman give way?
No. I will not give way. The right hon. Gentleman does not deserve that courtesy.
It is the protocol in the House that if hon. Members, whether they are Leaders of the House or not, intend to mention other hon. Members, call them liars and insult them, they should at least have the courtesy to tell them about it in advance so that they can be in the Chamber to answer the accusations. The truth is that this Government, this Leader of the House and this Secretary of State for the Environment have treated the House with contempt. They have tabled amendments that have completely rewritten the Housing Bill and given us totally inadequate time to debate those amendments and new clauses. Government Back-Bench Members know that to be true because the Government have done the same with other legislation. The Opposition responded to the Government's treatment of the House by debating the legislation fully and properly in the interests of the nation. It is the Government who have ratted on the proper procedures. Their attitude is a disgrace.All that I would say is that I informed members of the Opposition Front Bench before I made the statement.
This is a debatable motion. I am sure that the House will wish to adjourn soon, but, in view of the terms of the statement made by the Leader of the House, I do not think that we should do so at once.
I have no knowledge of what used to be not mentioned in the House—the usual channels. I believe that the phrase was coined in the 1930s. I put it to the Leader of the House in all sincerity that whatever undertakings he may have thought were given—or may have been given, for all I know—the right hon. Gentleman is not solely relating to colleagues on his Bench. I am glad to see him nodding in response to that. The Leader of the House has forgotten some things. He has, quite properly, interrupted the debate on my amendment No. 313. If the motion is accepted, as I suspect it will be, we shall resume the debate at a later date. But it is more important to recall business questions last Thursday. The Leader of the House announced then that the House would discuss the Housing Bill on three days this week and that it would be concluded on Wednesday. I pointed out to him that that target was unlikely to be achieved because of the importance of the Bill and the number of amendments tabled to it. With the best will in the world, I did not see how it could be attained. The Leader of the House said that he would not withdraw the statement but that he would have further discussions. I have no doubt that those further discussions took place. 6.15 pm The Leader of the House must know from the tone of hon. Members' contributions to the debate that our difficulty has been not with the usual workings of the House but with the nature of the Bill. A difficult Bill always attracts strong feelings. A Bill that is badly drafted usually needs many amendments on Report, and many amendments have been selected by the Chair because of the contentious nature of the Bill. I should not call them difficulties. This has been Parliament doing its job and finding out what the Bill is about. The present position has more to do with the nature of the material than with the behaviour of my right hon. and hon. Friends, and certainly those on the Front Bench, during the past 24 hours.This is an unhappy moment. The events of the past 24 hours have proved that the Opposition are an undisciplined rabble.
On a point of order, Mr. Deputy Speaker. Is it in order for the hon. Gentleman to make accusations about the behaviour of Members of Parliament during a period when he was not even present in the Chamber? Is it not a fact that the Opposition have been very organised and have destroyed the progress of this Bill?
We are debating the motion for the adjournment of the debate. We have had a long sitting and many hon. Members will be hoping that it will not be too long before they can get some sleep. I hope that we can conduct the debate quietly and responsibly.
I have no wish to state the obvious at length, and I do not withdraw a word of what I said. The key word that I used to describe the Opposition was "undisciplined". I believe, and my right hon. Friend the Leader of the House assures me that it is true, that the agreements that were entered into have been broken. Broken agreements are not a sign of good discipline. It is clear from the events that those who are supposed to control the Opposition have failed to do so.
If it is true that the Labour Whips, speaking with the authority that they have, gave an undertaking that, i:n return for sitting through the night, we could finish the Bill by 10 o'clock this evening, even if in the process the Killingholme Bill was killed, and that undertaking has been broken by Opposition Members, it is an act of high indiscipline.Will the hon. Gentleman give way?
I will not give way. I am sure that the hon. Gentleman will wish to make his own speech.
Once again, the Labour Whips, the shadow Leader of the House and the Leader of the Opposition have failed to exercise the authority which the House expects of them. The Leader of the Opposition is the one person who should come here, because the House may have one or two things to say to him. If he has the leadership qualities to take part in Prime Minister's Question Time—On a point of order, Mr. Deputy Speaker. Is it in order for an hon. Member to make at such length accusations of indiscipline when Mr. Speaker today made a clear statement that the debate had been conducted properly and within the rules of procedure? Is he not, by making false accusations of indiscipline, trying, in an oblique manner, to criticise the Chair?
I do not regard anything that has been said so far, on either side of the House, as a reflection on the Chair. It is understandable that, after long hours of debate—[Interruption.] Order. It is understandable that, after such long hours of debate, hon. Members are getting a little tired, but the best way for us to proceed now is to conduct the debate in an orderly and quiet manner.
I am not criticising the Chair in any way, nor am I challenging the proposition that, if hon. Members stay within the rules of order, they are obeying the discipline of the Chair. I am talking about the breach of the internal discipline of the Labour party. The well-remunerated Opposition Chief Whip undertakes—
Will the hon. Gentleman give way?
No, I shall not give way. I wish to make my main point.
The Opposition Chief Whip undertakes, on behalf of his colleagues, to deliver certain acts, but they have not occurred. If the Leader of the Opposition took greater interest in discipline within his party, we might be able to see where the true responsibility lies. We know that there is no discipline within the Labour party, because there is no leadership, from the Opposition Chief Whip, from the shadow Leader of the House or from the Leader of the Opposition.This is a case of Opposition 3, Government I. The Leader of the House was a bit premature. Had he waited until the next debate, he would have been moving the Adjournment halfway through the groups of amendments and new clauses selected by Mr. Speaker. We are on the 56th such group and there are 58 still to come. Perhaps the most telling point of all is that a substantial number—nearly half—of these amendments and new clauses have come from the Government. Of those remaining to be debated, 73 were tabled by the Government. Since we started debates on part III, almost exactly 12 hours ago, substantial time has been spent on Government amendments and new clauses. The Government have had to concede that their management of the business has shown that they are unable to deliver their own legislation in the time that they had planned.
The Bill was always going to be controversial. It was bound to be more controversial when the Government decided to add to it almost as much again by way of amendment. This came not in the days immediately after the Committee and the original day for Report in April, nor in the days between Committee and the revised date for Report in May, nor between the Committee and the second revision of the date for Report in early June, but between that second revision and the eventual date for Report in mid-June. By that stage, we should have had some sign of what the Government were going to propose, but it was not until the final hours available for tabling new clauses and amendments that the Government tabled this mass of proposals. Not only that, but the substantial proposals that the Government said that they would show to the House before Report have still not been seen. The major matter of a social charter for tenants is still a matter of mystery, shrouded in confusion and followed everywhere by uncertainties.Has the hon. Member considered that what has really happened is that the Prime Minister has given the Leader of the House a bit of earhole powder and told him to get the matter sorted out because it looked as if, under her Administration, we were going to break this century's record for length of sitting? Furthermore, she wants to come in here with the Secretary of State for the Environment after it is all over and clear up all this litter.
Finally, does the hon. Gentleman think that the hon. Member for Liverpool, Mossley Hill (Mr. Alton), who took part in some of these proceedings, would describe what has happened today—signing up for the homeless and fighting for the tenants—as parliamentary mugging?The answer to the last question is perhaps the easiest. It is no. Yet again, the procedures of the House have been used as they are entitled to be. In large measure, Back Benchers have spoken not a fiction but a fact. They have pointed out to the country that we have a Housing Bill that still does not mention the word "homeless". It is a Housing Bill, written in 1988, with 110,000 people having presented themselves as homeless, which does not treat the main issue with which it has to deal.
I do not know whether it was worked out when the Prime Minister came in for her breakfast blessing or whether it was worked out later, but the reality of the motion to adjourn is that the Government have had to concede that they did not allow enough time in the beginning and that they will lose some of their business in any event. There is no way out. The only way for the Government is to admit that they have been well and truly snookered, caught and knocked off the table. Even if the Leader of the House succeeds, as I suppose he might, with his motion to adjourn—when it can be voted on is a subject for your ruling Mr. Deputy Speaker—he will have to come back to the House either for the continuation of Report stage part three, part four and part five, followed by new clauses which the Government chose to put at the end rather than at the beginning or he will have to come back with a guillotine motion. That would be yet more evidence not only that the Government cannot manage their own business but that they have to bring in a timetable to stifle the debate on housing the homeless when that is a matter which the House has shown that it is willing and able to debate and wants to debate at considerably greater length.6.30 pm
Does the hon. Gentleman agree that the Government need not have found themselves in this mess? The trivial argument advanced by the right hon. Member for Woking (Mr. Onslow) shows that he has not understood what it is about. The mess could have been avoided if the Government had listened to what I said last week, which met with agreement by some. I forecast that the Bill would not be through on time if the Government continued to try to introduce new clauses in a way which undermined our Committee procedure.
The hon. Gentleman is right. I remember what was said during business questions last Thursday. I remember the points of order on Thursday. The case was made for more time, and I remember that the Leader of the House said that that would be considered. He did not say, "No, there is no question of it." Instead, he said that the Government would consider what they could do.
The reality is that no extra time has been given. It is 24 hours since we began the third day of the Housing Bill on Report. We started three hours late. Some of us have broken sitting records before. Some of us sat through the record sitting since the war of 32 hours on 22–23 May 1984. Some of us did so with no difficulty, and to his credit the Minister for Housing and Planning was one of them. We did so because the Government were trying to abolish local government. They were trying to steamroller through the House legislation that went against the wishes of the people and local authorities. The matter deserved to be debated at length. It deserved to face the resistance of the Members of the House of Commons. When the Leader of the House seeks to terminate this debate so that it will not, perhaps, make the record books to which it was otherwise clearly heading—that is not certain, Madam Deputy Speaker, because you and your colleagues may well decide that we should continue for some hours yet—let him understand that there are two orders to follow the consideration of the Bill on Report, as well as other matters and an Adjournment debate. The reality is that we are prepared and are willing to debate housing and the homeless for as long as the matter remains on the political agenda. We shall do so until there are a Government in office who represent, first, the majority of the British people, which this Government do not, either politically or electorally, and, secondly, the majority of those who need protection, care and concern. Opposition Members, perhaps occasionally supported by the rare compassionate, concerned Conservative Back Bencher, will continue to challenge the Government's steamroller. We believe that legislation must be debated properly, and debated until we get it right. If we cannot persuade the Government to change the laws that they propose, on their head be it. On their head be the political blame. We shall have none of the Housing Bill. We shall have none of the Government's housing policy. We shall have none of the authoritarian and unsympathetic attitude of the Government, who do not deal with the people who are in the greatest housing need.I warmly welcome the motion of my right hon. Friend the Leader of the House. Unlike many Opposition Members who are now in their places, I have sat through the vast majority of the third day's consideration of the Housing Bill on Report. I have sat through shift changes on the Opposition Front Bench. That is hardly evidence of a sincere approach to the Bill. Opposition Front Bench spokesmen have come and they have gone. Opposition Members have been in evidence by extremely long and tedious speeches. They have failed to do justice to the serious arguments that were advanced in Committee.
In Committee, we debated the real issues. Opposition Members have been unwilling and unable to carry forward those arguments on Report. Therefore, I welcome my right hon. Friend's motion to adjourn the debate. I do not believe that the Opposition ever intended seriously to debate housing issues. I welcome the fact that we shall be returning to consideration of the Bill on Report. When we do so—perhaps with a timetable motion, but that is not a matter for me—Conservative Members will be in a position to advance the important arguments that demonstrate why the Bill is vital for the homeless. It is considered vital by all those who are concerned about the provision of housing for everyone in Britain. It will put an end to the evil empires of council housing that the Labour party controls, which have done so much damage to ordinary people who merely want a home. Opposition Members do not care about those people. Conservative Members do, and we shall make that clear when we continue the debate.Perhaps we can now deal with some of the facts. I do not think that I have ever seen a Government in such an incredible mess. lit is surely one in which they deserve to be.
Let me explain what happened. Consideration of the Bill in Committee began in December 1987 and it emerged on 15 March. What happened then? It remained behind the scenes while the Secretary of State for the Environment and the Minister for Housing and Planning tried to make sense of one of the most incredibly stupid measures to be brought before the House by any Government. Why is it so bad?On a point of order, Madam Deputy Speaker. I have been a Member of this House for a long time and I have rarely seen a Patronage Secretary or other Government Whip behave in such an appalling way. Surely we can expect acceptable behaviour from the Patronage Secretary of a sort that you would expect from other right hon. and hon. Members, Madam Deputy Speaker. I suggest that you should consider suspending the sitting until we can get some decent behaviour from him.
I see no point at all in suspending the sitting. I have no wish to do so, nor shall I do so. I expect the very highest standards from every hon. Member, irrespective of his or her standing in the House.
I think that it would help the House, Madam Deputy Speaker, if those who sit on the Government Front Bench listened to my remarks and to those made by others who will contribute to the debate subsequently. There are many things that Conservative Back Benchers do not know about the passage of the Bill.
As I have said, the Bill emerged from Committee in March. It has been with the Government since then. Few Bills have been waiting so long for consideration on Report. Why? There is something that I want to say about the Minister for Housing and Planning that Conservative Members may wish to hear. The Minister tried hard to improve the Bill. He was prepared—[Interruption.] The hon. Gentleman should listen to what I am saying about his Minister. The Minister for Housing and Planning tried to improve the Bill. In Committee he made about 100 concessions, rightly and properly. He agreed to change the Bill in places, to reconsider points or to come back to us with recommendations or suggestions. He acted generously. I always claimed that the reason for that was that the Bill had been badly drafted and that the Secretary of State for the Environment had wanted a different Bill. I then recognised that the Government were having acute difficulty in getting the Bill back to the Floor of the House. Why? Not just because of the concessions but because they needed to make other changes as well.rose—
The hon. Gentleman must wait; I am not giving way.
In making the other changes, the Government made the fatal error of including major changes which would affect the procedures of the House. The Minister can confirm that I was on the telephone to his office last Thursday to say that I was worried about the changes. On Friday I said that there was no way that I would co-operate on the time scale that we had agreed of three and a half days but that if he gave me an extra day to debate the new clauses, making the total time four and a half days, I would accept that. Even today I offered that again, but the offer was rejected by the Government. If there are to be new clauses and amendments of constitutional importance, and if they are to be considered without going through Committee, is it not reasonable to ask that that period should be given on the Floor of the House to consider what would otherwise have been considered in Committee?It is important to get the timing right. What the hon. Gentleman has said is true. He asked for another day and said that if we gave him another day he would agree to speed the passage of the Bill. However, he did that some hours after agreeing that he would give us the Bill by around 10 o'clock today, and he did it in the presence of several witnesses, including the Secretary of State. I suspect that he had not told his Back Benchers about it, and I suspect that that is why he could not deliver it.
It is more complicated if we look at the timing. It is right that I accepted the timing before I read new clause 47, and before I got the tenants' charter and the guide to new clause 47, which was put in the Table Office only on Thursday, indicating that the Government had given it considerable thought. It was only after I had seen those on Friday that I said the timing was unacceptable. Until that time I had not seen the detail of new clause 47, nor had I seen the pamphlet which has been put in the Table Office. It had not been given to me as the Opposition Front-Bench spokesman on housing, any more than the paper on tenants' choice was given to me. So where is the normal relationship through which Ministers give information to their opposite numbers?
We should be clear. The hon. Gentleman offered the deal today, not last Thursday or Friday. I suspect that he had not told his Back Benchers, and I understand their astonishment.
I can say exactly what I said to the Minister and he can confirm it. I said, "I have no problems about you getting the Bill by 10 o'clock or 12 o'clock." I have no problems. What the Minister still does not understand is the extent of the anger, not just in the Labour party but in the Liberal party and among Scottish and Welsh Members, and for good reason.
6.45 pm Let me take the matter further. There then came the amazing additions. You will remember, Madam Deputy Speaker, that I put a motion to the House last Thursday asking for the new clauses to be referred back to the Committee, because by that time I had realised that what the Government were doing was more serious. When that was not accepted, I raised a point of order. I wrote a manuscript amendment, which is still on the Table, which asked that the new clauses which had not been considered in Committee should be sent to the Committee. I told the Minister that again today. I said, "If you do not want to give me another day, do it differently. Let the new clauses which did not go to Committee be sent to the Committee and I will accept that." That also was rejected. I want to tell Conservative Members and the public the extent of the Government's proposed additions to the Bill. New clauses 26, 25 and 29 were added without any debate in Committee. They are extensive. Two new schedules on Wales were added without having gone through Committee. There were 12 pages of typed print on the Order Paper for those alone. I ask the Government and Conservative Members to think about what that implies. In our parliamentary democracy a Bill is read the First time and then has a Second Reading before going into Committee. Hon. Members know that it goes into Committee for detailed consideration, not because the parties disagree on some parts of it but because there are unintended consequences with legislation from any party. We send Bills to Committee so that they may have a detailed analysis to prevent difficulties arising. The new amendments propose a housing corporation for Wales, to which neither I nor my hon. Friends object, but I have every objection to something as big, powerful and effective as that being set up without being examined in Committee. In Committee not one member of the Government, nor an Opposition Front Bench Member, spoke for Wales. There was just one Back Bencher on each side to speak for Wales. What else was in the new proposals? If we are talking about broken promises, I have much time to deal with what the hon. Member for Bristol, West (Mr. Waldegrave) has tried to do to improve the Bill. Some things have not been delivered. In Committee, the Minister said:That was on the social landlords' charter. The Under-Secretary of State also said in Committee that it should be before the House on Report. The charter has still not been produced. It is one of the most important parts of the Bill, as every Minister has said, but no such thing exists."On the hon. Gentleman's wider point, the next major occasion on which we shall debate what the Government have called the charter would be on Third Reading, because we have given clear assurances that we must have a much more detailed debate then, and it would be wrong if we did not." —[Official Report, Standing Committee G, 8 March 1988; c. 1493.]
rose—
I will not give way.
That is in the Committee Hansard. Hon. Members should read what the Minister said: that it would be ready for Third Reading. It is not ready, yet it is a central part of the Bill.rose—
Order. The hon. Member for Hammersmith (Mr. Soley) has made it clear that he is not giving way.
I am anxious to go through this in detail, without taking up the time of other hon. Members.
Let me go on to what I found most offensive of all, new clause 47. I shall not debate it, but new clause 47 provides that local authorities can give away all their council housing lock, stock and barrel. The small print of the paper that was left in the Table Office on Thursday—so it had been thought about, printed and produced, but left there only on Thursday—-says that local authorities, to meet their homelessness statutory responsibility, will be able to contract out the homeless to private landlords. I ask Conservative Members to consider whether, even if they think that it is a good idea for a local authority to enter into a contract with private landlords and for private landlords to take the homeless people, it is a good idea to produce such a clause—without its being debated in Committee—which does not decide how long those people will be there, how much the landlords will be paid or who they pass them on to afterwards. None of that has been debated, nor would it have been had we not taken this exercise. What happens next? New clause 47 is really offensive. It refers to the "Housing (Scotland) Act 1987". The Housing (Scotland) Bill is not yet an Act of Parliament. It is in the House of Lords at the moment. If the Government wanted to amend the Housing (Scotland) Bill, they could do so in the House of Lords. They have not done so; they have done it in a Bill that applies to England and Wales. There was not a single Scottish Member, never mind a Scottish Member from the Government Front Bench or the Opposition Front Bench, on the Committee. No wonder Scottish Members and Welsh Members feel angry about it. Why should they be treated in that way? Then we come to the really offensive part. From time to time, the Government have chosen to lecture the people of this country on the dangers of retrospective legislation. Yet new clause 47 takes effect from 9 June 1988. It is retrospective legislation by which a local authority can get rid of all of its housing. Where is the great argument of the Government and the Tory party against retrospective legislation? It has gone. Conservative Members, the Government and the Minister must know that what they have done is deeply offensive to the methods by which the House is used to proceeding. The next issue also concerns new clause 47. It concerns the voting system. We all know that the voting system in which local authority tenants are transferred to private tenancies is rigged. We know that people who die have their votes counted in favour of a transfer to the private landlord. We know that empty flats are counted as a vote in favour of a private landlord. That has been around for some time. Suddenly the Government have discovered that, despite that rigged voting, tenants still do not want to be transferred. Therefore, they invented new clause 47. They know that, if they squeeze local authorities enough, sufficient local authorities will do their dirty work for them and transfer the tenants under the guidelines of the voting system. Of course, there is no statutory requirement on local authorities to carry that out. It is not in the Bill, and we all know that if it is not in the Bill it is not a statutory requirement. The Bill has been appallingly mismanaged from beginning to end. I have some sympathy for the Minister for Housing and Planning, but frankly he must ask himself how much longer he can serve under a Secretary of State who drafts a Bill for him, fights him all the way, line by line, on the changes, and then puts him through this. If the Minister wants a Secretary of State who wipes his feet on him, so be it. But that is his choice, and the House of Commons will not put up with it. The Bill is not just about housing. Housing is central to it, but underneath rests the issue of parliamentary democracy and the way in which the House of Commons is trampling all over it.I rise to support my right hon. Friend the Leader of the House. I wish to remind the House of the terms of the motion that my right hon. Friend moved. He made it absolutely clear that an undertaking had been given by the Opposition. He went on to emphasise that that undertaking had been reaffirmed—[Interruption.]
On a point of order, Madam Deputy Speaker. [Interruption.]
Order. The right hon. Gentleman is on his feet.
I distinctly heard, as did many hon. Members, the hon. Member for Bootle (Mr. Roberts) accuse my right hon. Friend the Leader of the House of being a liar. [Interruption.] Even with the debased standards which are common on the Opposition Front Bench, that remark ought to be withdrawn. [Interruption.]
Order. With great respect to the House, I was busily engaged and I certainly did not hear it. If any hon. Member did use that word, I ask him to respect the traditions of the House and withdraw it.
I did use that word, and I withdraw it, but I hope also that the Leader of the House will withdraw the outrageous accusations that he made earlier which virtually implied that some of my hon. Friends were lying.
As my hon. Friend the Member for Bootle (Mr. Roberts) has withdrawn the remark that was challenged, will you, Madam Deputy Speaker, ask the Government Chief Whip who, as the Leader of the House was making his application for the Adjournment, pointed to the hon. Members on the Opposition Front Bench and called them liars on a number of occasions. He was clearly heard by several Opposition Members. What is good enough for the gander is good enough for him. Will he also withdraw his remarks?
I am prepared to accept my full responsibilities while I am in the Chair. The House will know that I was not in the Chair at the time and will understand that I cannot accept responsibility for what took place when I was not here.
My right hon. Friend made it absolutely clear to the House that an undertaking had been given. He went on to emphasise that that undertaking had been repeatedly reaffirmed. I think that I can defuse the situation. My right hon. Friend was being a little less than his usual charitable self when he implied that that undertaking could have been kept or adhered to—
On a point of order, Madam Deputy Speaker.
Order. There can be no further point of order. I have dealt with all the points of order. Is it a fresh point of order?
I wonder whether you, Madam Deputy Speaker, would rule on the following. You asked that if anyone used the word "liar" he should withdraw. My hon. Friend the Member for Bootle (Mr. Roberts) has explained the position and has done so. You said that if anyone else might have used that word, that was not a matter for you because you were not in the Chair. As a large number of my hon. Friends distinctly heard the Government Chief Whip repeatedly shout out, "Liar," surely it is right and proper that the right hon. and learned Gentleman should have enough honour to stand at the Dispatch Box and withdraw what he said. He said, "Liar"; he knows that he said, "Liar," and he should withdraw it.
Order. I think that I made the position clear in dealing with the hon. Member for Bootle (Mr. Roberts). [Interruption.] Order. It is incumbent upon any hon. Member in the House who uses language which is unacceptable to us to withdraw it.
rose—
7 pm
On a point of order, Madam Deputy Speaker. I do not want to go back over old ground, but on one occasion during a Friday debate I made a remark about the Chancellor of the Exchequer. Sitting in your seat was another Deputy Speaker. I was asked to withdraw that remark on the following Monday, when Mr. Speaker was in the Chair. Therefore, I ask your Clerk to tell you that the way in which you are ruling on this allegation, which I am not in a position to judge, is not the way in which this House is run.
That is a challenge to the Chair. If any hon. Member wishes to raise that matter on another occasion, he is perfectly at liberty to do so. At the moment, however, I am listening to the comments of the hon. Member for Darlington (Mr. Fallon).
As I was saying, Madam Deputy Speaker, before I was so crudely interrupted, my right hon. Friend the Leader of the House has made a number of claims: first that an undertaking was given; secondly, that that undertaking was repeatedly reaffirmed. His third claim was slightly unfair. He left Conservative Members with the impression that either the shadow housing spokesman or the Opposition Chief Whip were in a position to fulfil the undertakings that had been given. It is clear to Conservative Members that the Labour party is out of control. Neither the shadow housing spokesman nor the Opposition Chief Whip can control any of the rebels who have been at work during the last 24 hours.
There are a number of Opposition parties. To be charitable, some hon. Members are genuinely interested in housing, while others are more interested in the North Killingholme Cargo Terminal Bill. They are concerned with what might happen to them when Mr. Arthur Scargill hears that they have acceded to the passing of the North Killingholme Cargo Terminal Bill. They are concerned not so much with Shelter as with Mr. Arthur Scargill. They are concerned not so much with the implications as with their deselection for having failed to resist the passage of that private Bill.Does my hon. Friend agree with me that it might help his argument if we were to adjourn so that we can find out whether Opposition spokesmen have made statements, not to their party leader that does not seem to be their wont these days—but to the chief political correspondent of the Press Association?
I think that it would be fair if we were to give the chief political correspondent of the Press Association a slightly earlier night than he has been used to during the last couple of days. He should not have to wait until one o'clock in the morning. I very much hope that my right hon. Friend's motion for that purpose will be acceded to, but let no hon. Member on this side of the House be under any illusion about what happened during the last 24 hours. We have seen an Opposition party that is totally out of control in its conduct of the Housing Bill and in its desire not to deal with the North Killingholme Cargo Terminal Bill and other issues before the House.
Before we adjourn, there should be a statement by the Opposition Front Bench spokesman about who is in control of this rabble, whether the Labour party wishes to proceed with the Housing Bill and about its view of the conduct of business and the delivery and acceptance of undertakings through the usual channels.rose in his place and claimed to move, That the Question be now put.
Question put, That the Question be now put:—
The House proceeded to a Division.
(seated and covered): On a point of order, Madam Deputy Speaker. I apologise for addressing you in this Frankie Vaughan-type garb, especially as I am wearing a white jacket, but you probably know that I was a junior Whip—[Interruption.] I was also a very effective junior Whip. I resent deeply the comments that were made by the Leader of the House from the Dispatch Box. They could easily be interpreted as implying that a deal was struck with me, as the Whip, and that I then reneged on it. I want to make it quite clear that at no stage whatsoever was I ever approached by any Whip on the other side, nor did I give any assurance whatsoever with regard to any deal. I wish the debate had been allowed to continue. I resent the allegation that the Labour party is ill-disciplined. Last night—
Order. The hon. Gentleman knows that that is not a point of order for the Chair. It is a matter for debate. I understand the hon. Gentleman's frustration, and that of many other hon. Members, but he has already made the point that I think he wished to make.
(seated and covered): On a point of order, Madam Deputy Speaker. I wonder whether you could inquire into the suggestion that has been put to me, that the Leader of the House has implied to the Opposition that the Short money will be put in question unless the Opposition co-operate over the Bill. If the Leader of the House has used the Short money as a threat in an attempt to control the Opposition, I suggest to you that that is absolutely outrageous.
I shall see that the matter is referred to Mr. Speaker and that a response is given.
(seated and covered): Further to that point of order, Madam Deputy Speaker. If what my hon. Friend the Member for Denton and Reddish (Mr. Bennett) has said actually happened, was it not a breach of privilege and of the rules of this House? Should it not be referred to the Privileges Committee?
I have already made it quite clear that at this stage the matter ought to be referred to Mr. Speaker for him to deal with.
(seated and covered): Further to that point of order, Madam Deputy Speaker. Is it not a fact that the hon. Member for Newham, North-West (Mr. Banks) resigned as a Whip on the question of disciplining Opposition Members?
Order. Resignations of Whips have nothing whatsoever to do with the Chair. We are in the middle of a Division.
The House having divided: Ayes 269, Noes 193.
Division No. 359]
| [7.2 pm
|
AYES
| |
Adley, Robert | Bright, Graham |
Alexander, Richard | Brittan, Rt Hon Leon |
Alison, Rt Hon Michael | Brooke, Rt Hon Peter |
Allason, Rupert | Brown, Michael (Brigg & Cl't's) |
Amess, David | Browne, John (Winchester) |
Amos, Alan | Bruce, Ian (Dorset South) |
Arbuthnot, James | Buchanan-Smith, Rt Hon Alick |
Arnold, Jacques (Gravesham) | Buck, Sir Antony |
Arnold, Tom (Hazel Grove) | Budgen, Nicholas |
Ashby, David | Burns, Simon |
Atkins, Robert | Burt, Alistair |
Baker, Rt Hon K. (Mole Valley) | Butler, Chris |
Baker, Nicholas (Dorset N) | Butterfill, John |
Baldry, Tony | Carlisle, John, (Luton N) |
Batiste, Spencer | Carlisle, Kenneth (Lincoln) |
Beaumont-Dark, Anthony | Carrington, Matthew |
Bellingham, Henry | Carttiss, Michael |
Bendall, Vivian | Cash, William |
Benyon, W. | Channon, Rt Hon Paul |
Biffen, Rt Hon John | Chope, Christopher |
Blackburn, Dr John G. | Clark, Sir W. (Croydon S) |
Blaker, Rt Hon Sir Peter | Coombs, Simon (Swindon) |
Body, Sir Richard | Cormack, Patrick |
Bonsor, Sir Nicholas | Critchley, Julian |
Boscawen, Hon Robert | Davis, David (Boothferry) |
Boswell, Tim | Day, Stephen |
Bottomley, Peter | Douglas-Hamilton, Lord James |
Bottomley, Mrs Virginia | Dunn, Bob |
Bowden, A (Brighton K'pto'n) | Durant, Tony |
Bowden, Gerald (Dulwich) | Emery, Sir Peter |
Bowis, John | Evennett, David |
Boyson, Rt Hon Dr Sir Rhodes | Fallon, Michael |
Braine, Rt Hon Sir Bernard | Fenner, Dame Peggy |
Brazier, Julian | Field, Barry (Isle of Wight) |
Finsberg, Sir Geoffrey | MacKay, Andrew (E Berkshire) |
Fookes, Miss Janet | Maclean, David |
Forman, Nigel | McLoughlin, Patrick |
Forsyth, Michael (Stirling) | McNair-Wilson, Sir Michael |
Forth, Eric | McNair-Wilson, P. (New Forest) |
Franks, Cecil | Madel, David |
French, Douglas | Major, Rt Hon John |
Gale, Roger | Malins, Humfrey |
Garel-Jones, Tristan | Mans, Keith |
Gill, Christopher | Maples, John |
Gilmour, Rt Hon Sir Ian | Marshall, John (Hendon S) |
Goodhart, Sir Philip | Marshall, Michael (Arundel) |
Goodson-Wickes, Dr Charles | Martin, David (Portsmouth S) |
Gorman, Mrs Teresa | Mates, Michael |
Gow, Ian | Mawhinney, Dr Brian |
Grant, Sir Anthony (CambsSW) | Maxwell-Hyslop, Robin |
Greenway, Harry (Ealing N) | Mayhew, Rt Hon Sir Patrick |
Greenway, John (Ryedale) | Meyer, Sir Anthony |
Gregory, Conal | Miller, Sir Hal |
Griffiths, Sir Eldon (Bury St E') | Mills, Iain |
Griffiths, Peter (Portsmouth N) | Miscampbell, Norman |
Grist, Ian | Mitchell, Andrew (Gedling) |
Ground, Patrick | Mitchell, David (Hants NW) |
Grylls, Michael | Moate, Roger |
Hamilton, Hon Archie (Epsom) | Monro, Sir Hector |
Hamilton, Neil (Tatton) | Montgomery, Sir Fergus |
Hampson, Dr Keith | Moore, Rt Hon John |
Hannam, John | Morris, M (N'hampton S) |
Hargreaves, A. (B'ham H'll Gr') | Morrison, Sir Charles |
Hargreaves, Ken (Hyndburn) | Morrison, Rt Hon P (Chester) |
Harris, David | Moss, Malcolm |
Haselhurst, Alan | Neale, Gerrard |
Hawkins, Christopher | Nelson, Anthony |
Hayhoe, Rt Hon Sir Barney | Neubert, Michael |
Hayward, Robert | Newton, Rt Hon Tony |
Heathcoat-Amory, David | Nicholls, Patrick |
Heseltine, Rt Hon Michael | Nicholson, David (Taunton) |
Hicks, Robert (Cornwall SE) | Nicholson, Emma (Devon West) |
Higgins, Rt Hon Terence L. | Onslow, Rt Hon Cranley |
Hind, Kenneth | Oppenheim, Phillip |
Hogg, Hon Douglas (Gr'th'm) | Page, Richard |
Holt, Richard | Paice, James |
Hordern, Sir Peter | Parkinson, Rt Hon Cecil |
Howard, Michael | Patnick, Irvine |
Howarth, Alan (Strat'd-on-A) | Pawsey, James |
Howell, Rt Hon David (G'dford) | Peacock, Mrs Elizabeth |
Howell, Ralph (North Norfolk) | Porter, Barry (Wirral S) |
Hughes, Robert G. (Harrow W) | Porter, David (Waveney) |
Hunt, David (Wirral W) | Portillo, Michael |
Hunt, John (Ravensbourne) | Powell, William (Corby) |
Hunter, Andrew | Price, Sir David |
Irvine, Michael | Rathbone, Tim |
Jack, Michael | Redwood, John |
Jackson, Robert | Renton, Tim |
Janman, Tim | Rhodes James, Robert |
Jessel, Toby | Riddick, Graham |
Johnson Smith, Sir Geoffrey | Ridley, Rt Hon Nicholas |
Jones, Robert B (Herts W) | Roberts, Wyn (Conwy) |
Jopling, Rt Hon Michael | Roe, Mrs Marion |
Kellett-Bowman, Dame Elaine | Rost, Peter |
Key, Robert | Rowe, Andrew |
Kilfedder, James | Rumbold, Mrs Angela |
King, Roger (B'ham N'thfield) | Ryder, Richard |
King, Rt Hon Tom (Bridgwater) | Sackville, Hon Tom |
Kirkhope, Timothy | Sainsbury, Hon Tim |
Knapman, Roger | Sayeed, Jonathan |
Knight, Greg (Derby North) | Shaw, David (Dover) |
Knight, Dame Jill (Edgbaston) | Shaw, Sir Giles (Pudsey) |
Knowles, Michael | Shaw, Sir Michael (Scarb') |
Lang, Ian | Shelton, William (Streatham) |
Lawson, Rt Hon Nigel | Shephard, Mrs G. (Norfolk SW) |
Lee, John (Pendle) | Shepherd, Colin (Hereford) |
Lennox-Boyd, Hon Mark | Shepherd, Richard (Aldridge) |
Lester, Jim (Broxtowe) | Shersby, Michael |
Lilley, Peter | Sims, Roger |
Lloyd, Sir Ian (Havant) | Skeet, Sir Trevor |
Lloyd, Peter (Fareham) | Smith, Tim (Beaconsfield) |
Lord, Michael | Soames, Hon Nicholas |
Luce, Rt Hon Richard | Speller, Tony |
Lyell, Sir Nicholas | Spicer, Sir Jim (Dorset W) |
Squire, Robin | Walker, Bill (T'side North) |
Stanbrook, Ivor | Waller, Gary |
Stern, Michael | Walters, Sir Dennis |
Stevens, Lewis | Ward, John |
Sumberg, David | Wardle, Charles (Bexhill) |
Summerson, Hugo | Warren, Kenneth |
Taylor, Ian (Esher) | Watts, John |
Taylor, John M (Solihull) | Wells, Bowen |
Tebbit, Rt Hon Norman | Wheeler, John |
Temple-Morris, Peter | Whitney, Ray |
Thatcher, Rt Hon Margaret | Widdecombe, Ann |
Thompson, Patrick (Norwich N) | Winterton, Mrs Ann |
Townend, John (Bridlington) | Winterton, Nicholas |
Townsend, Cyril D. (B'heath) | Wolfson, Mark |
Trippier, David | Wood, Timothy |
Trotter, Neville | Woodcock, Mike |
Twinn, Dr Ian | Yeo, Tim |
Vaughan, Sir Gerard | Young, Sir George (Acton) |
Viggers, Peter | |
Waddington, Rt Hon David | Tellers for the Ayes: |
Wareham, Rt Hon John | Mr. David Lightbown and Mr. Stephen Dorrell. |
Waldegrave, Hon William | |
Walden, George |
NOES
| |
Adams, Allen (Paisley N) | Dunnachie, Jimmy |
Allen, Graham | Eastham, Ken |
Alton, David | Evans, John (St Helens N) |
Anderson, Donald | Ewing, Harry (Falkirk E) |
Archer, Rt Hon Peter | Field, Frank (Birkenhead) |
Armstrong, Hilary | Fields, Terry (L'pool B G'n) |
Banks, Tony (Newham NW) | Flynn, Paul |
Barron, Kevin | Foot, Rt Hon Michael |
Battle, John | Foster, Derek |
Beckett, Margaret | Foulkes, George |
Beggs, Roy | Fraser, John |
Bell, Stuart | Fyfe, Maria |
Bennett, A. F. (D'nt'n & R'dish) | Galloway, George |
Bermingham, Gerald | Garrett, John (Norwich South) |
Blair, Tony | George, Bruce |
Blunkett, David | Golding, Mrs Llin |
Boateng, Paul | Gordon, Mildred |
Boyes, Roland | Gould, Bryan |
Bradley, Keith | Griffiths, Nigel (Edinburgh S) |
Bray, Dr Jeremy | Griffiths, Win (Bridgend) |
Brown, Gordon (D'mline E) | Grocott, Bruce |
Brown, Nicholas (Newcastle E) | Hardy, Peter |
Bruce, Malcolm (Gordon) | Hattersley, Rt Hon Roy |
Buchan, Norman | Healey, Rt Hon Denis |
Buckley, George J. | Hinchliffe, David |
Caborn, Richard | Hogg, N. (C'nauld & Kilsyth) |
Campbell, Ron (Blyth Valley) | Home Robertson, John |
Campbell-Savours, D. N. | Hood, Jimmy |
Canavan, Dennis | Howarth, George (Knowsley N) |
Cartwright, John | Howells, Geraint |
Clark, Dr David (S Shields) | Hughes, John (Coventry NE) |
Clarke, Tom (Monklands W) | Hughes, Robert (Aberdeen N) |
Clay, Bob | Hughes, Roy (Newport E) |
Clelland, David | Hughes, Sean (Knowsley S) |
Clwyd, Mrs Ann | Hughes, Simon (Southwark) |
Coleman, Donald | Illsley, Eric |
Cook, Frank (Stockton N) | Ingram, Adam |
Cook, Robin (Livingston) | Janner, Greville |
Corbett, Robin | John, Brynmor |
Corbyn, Jeremy | Jones, Barry (Alyn & Deeside) |
Crowther, Stan | Jones, Ieuan (Ynys Môn) |
Cryer, Bob | Kaufman, Rt Hon Gerald |
Cummings, John | Kennedy, Charles |
Cunliffe, Lawrence | Kinnock, Rt Hon Neil |
Cunningham, Dr John | Kirkwood, Archy |
Dalyell, Tam | Lamond, James |
Darling, Alistair | Leighton, Ron |
Davies, Ron (Caerphilly) | Lewis, Terry |
Davis, Terry (B'ham Hodge H'l) | Litherland, Robert |
Dewar, Donald | Lloyd, Tony (Stretford) |
Dixon, Don | Lofthouse, Geoffrey |
Dobson, Frank | McAllion, John |
Doran, Frank | McAvoy, Thomas |
Douglas, Dick | McCartney, Ian |
Duffy, A. E. P. | Macdonald, Calum A. |
McFall, John | Rogers, Allan |
McKay, Allen (Barnsley West) | Rooker, Jeff |
McKelvey, William | Ross, William (Londonderry E) |
Maclennan, Robert | Rowlands, Ted |
McNamara, Kevin | Ruddock, Joan |
McTaggart, Bob | Salmond, Alex |
Madden, Max | Sedgemore, Brian |
Mahon, Mrs Alice | Sheldon, Rt Hon Robert |
Marek, Dr John | Shore, Rt Hon Peter |
Martin, Michael J. (Springburn) | Short, Clare |
Martlew, Eric | Skinner, Dennis |
Maxton, John | Smith, Andrew (Oxford E) |
Meacher, Michael | Smith, Rt Hon J. (Monk'ds E) |
Meale, Alan | Snape, Peter |
Michael, Alun | Soley, Clive |
Michie, Bill (Sheffield Heeley) | Spearing, Nigel |
Michie, Mrs Ray (Arg'l & Bute) | Steel, Rt Hon David |
Millan, Rt Hon Bruce | Stott, Roger |
Mitchell, Austin (G't Grimsby) | Strang, Gavin |
Molyneaux, Rt Hon James | Straw, Jack |
Morgan, Rhodri | Taylor, Mrs Ann (Dewsbury) |
Morley, Elliott | Taylor, Matthew (Truro) |
Morris, Rt Hon A. (W'shawe) | Thomas, Dr Dafydd Elis |
Morris, Rt Hon J. (Aberavon) | Thompson, Jack (Wansbeck) |
Mullin, Chris | Turner, Dennis |
Nellist, Dave | Wall, Pat |
Oakes, Rt Hon Gordon | Wallace, James |
O'Brien, William | Wareing, Robert N. |
O'Neill, Martin | Welsh, Andrew (Angus E) |
Orme, Rt Hon Stanley | Welsh, Michael (Doncaster N) |
Owen, Rt Hon Dr David | Wigley, Dafydd |
Parry, Robert | Williams, Rt Hon Alan |
Patchett, Terry | Williams, Alan W. (Carm'then) |
Pike, Peter L. | Wilson, Brian |
Prescott, John | Winnick, David |
Primarolo, Dawn | Wise, Mrs Audrey |
Quin, Ms Joyce | Worthington, Tony |
Radice, Giles | Wray, Jimmy |
Randall, Stuart | Young, David (Bolton SE) |
Redmond, Martin | |
Rees, Rt Hon Merlyn | Tellers for the Noes: |
Richardson, Jo | Mr. Graham Allen and Mr. Chris Smith. |
Roberts, Allan (Bootle) | |
Robertson, George |
Question accordingly agreed to.
Question put accordingiy:—
The House division: Ayes 278, Noes 183.
Division No. 360]
| [7.20 pm
|
AYES
| |
Adley, Robert | Bottomley, Mrs Virginia |
Alexander, Richard | Bowden, A (Brighton K'pto'n) |
Alison, Rt Hon Michael | Bowden, Gerald (Dulwich) |
Allason, Rupert | Bowis, John |
Alton, David | Boyson, Rt Hon Dr Sir Rhodes |
Amess, David | Braine, Rt Hon Sir Bernard |
Amos, Alan | Brazier, Julian |
Arbuthnot, James | Bright, Graham |
Arnold, Jacques (Gravesham) | Brittan, Rt Hon Leon |
Arnold, Tom (Hazel Grove) | Brooke, Rt Hon Peter |
Ashby, David | Brown, Michael (Brigg & Cl't's) |
Atkins, Robert | Browne, John (Winchester) |
Baker, Rt Hon K. (Mole Valley) | Bruce, Ian (Dorset South) |
Baker, Nicholas (Dorset N) | Bruce, Malcolm (Gordon) |
Baldry, Tony | Buchanan-Smith, Rt Hon Alick |
Batiste, Spencer | Buck, Sir Antony |
Beaumont-Dark, Anthony | Budgen, Nicholas |
Bellingham, Henry | Burns, Simon |
Bendall, Vivian | Burt, Alistair |
Benyon, W. | Butler, Chris |
Biffen, Rt Hon John | Butterfill, John |
Blackburn, Dr John G. | Carlisle, John, (Luton N) |
Blaker, Rt Hon Sir Peter | Carlisle, Kenneth (Lincoln) |
Body, Sir Richard | Carrington, Matthew |
Bonsor, Sir Nicholas | Carttiss, Michael |
Boscawen, Hon Robert | Cash, William |
Boswell, Tim | Channon, Rt Hon Paul |
Bottomley, Peter | Chope, Christopher |
Clark, Sir W. (Croydon S) | Kirkhope, Timothy |
Coombs, Simon (Swindon) | Kirkwood, Archy |
Cormack, Patrick | Knapman, Roger |
Critchley, Julian | Knight, Greg (Derby North) |
Davis, David (Boothferry) | Knight, Dame Jill (Edgbaston) |
Day, Stephen | Knowles, Michael |
Dorrell, Stephen | Lang, Ian |
Douglas-Hamilton, Lord James | Lawson, Rt Hon Nigel |
Dunn, Bob | Lee, John (Pendle) |
Emery, Sir Peter | Lennox-Boyd, Hon Mark |
Evennett, David | Lester, Jim (Broxtowe) |
Fallon, Michael | Lloyd, Sir Ian (Havant) |
Fenner, Dame Peggy | Lloyd, Peter (Fareham) |
Field, Barry (Isle of Wight) | Lord, Michael |
Finsberg, Sir Geoffrey | Luce, Rt Hon Richard |
Fookes, Miss Janet | Lyell, Sir Nicholas |
Forman, Nigel | MacKay, Andrew (E Berkshire) |
Forsyth, Michael (Stirling) | Maclean, David |
Forth, Eric | McLoughlin, Patrick |
Franks, Cecil | McNair-Wilson, Sir Michael |
French, Douglas | McNair-Wilson, P. (New Forest) |
Gale, Roger | Madel, David |
Garel-Jones, Tristan | Major, Rt Hon John |
Gill, Christopher | Malins, Humfrey |
Gilmour, Rt Hon Sir Ian | Mans, Keith |
Goodhart, Sir Philip | Maples, John |
Goodson-Wickes, Dr Charles | Marshall, John (Hendon S) |
Gorman, Mrs Teresa | Marshall, Michael (Arundel) |
Gow, Ian | Martin, David (Portsmouth S) |
Grant, Sir Anthony (CambsSW) | Mates, Michael |
Greenway, Harry (Ealing N) | Mawhinney, Dr Brian |
Greenway, John (Ryedale) | Maxwell-Hyslop, Robin |
Gregory, Conal | Mayhew, Rt Hon Sir Patrick |
Griffiths, Sir Eldon (Bury St E') | Meyer, Sir Anthony |
Griffiths, Peter (Portsmouth N) | Michie, Mrs Ray (Arg'l & Bute) |
Grist, Ian | Mills, Iain |
Ground, Patrick | Miscampbell, Norman |
Grylls, Michael | Mitchell, Andrew (Gedling) |
Hamilton, Hon Archie (Epsom) | Mitchell, David (Hants NW) |
Hamilton, Neil (Tatton) | Moate, Roger |
Hampson, Dr Keith | Monro, Sir Hector |
Hannam, John | Montgomery, Sir Fergus |
Hargreaves, A. (B'ham H'll Gr') | Moore, Rt Hon John |
Hargreaves, Ken (Hyndburn) | Morris, M (N'hampton S) |
Harris, David | Morrison, Sir Charles |
Haselhurst, Alan | Morrison, Rt Hon P (Chester) |
Hawkins, Christopher | Moss, Malcolm |
Hayhoe, Rt Hon Sir Barney | Neale, Gerrard |
Hayward, Robert | Nelson, Anthony |
Heathcoat-Amory, David | Neubert, Michael |
Heseltine, Rt Hon Michael | Newton, Rt Hon Tony |
Hicks, Robert (Cornwall SE) | Nicholls, Patrick |
Higgins, Rt Hon Terence L. | Nicholson, David (Taunton) |
Hind, Kenneth | Nicholson, Emma (Devon West) |
Holt, Richard | Onslow, Rt Hon Cranley |
Hordern, Sir Peter | Oppenheim, Phillip |
Howard, Michael | Page, Richard |
Howarth, Alan (Strat'd-on-A) | Paice, James |
Howell, Rt Hon David (G'dford) | Parkinson, Rt Hon Cecil |
Howell, Ralph (North Norfolk) | Patnick, Irvine |
Howells, Geraint | Pawsey, James |
Hughes, Robert G. (Harrow W) | Peacock, Mrs Elizabeth |
Hughes, Simon (Southwark) | Porter, Barry (Wirral S) |
Hunt, David (Wirral W) | Porter, David (Waveney) |
Hunt, John (Ravensbourne) | Portillo, Michael |
Hunter, Andrew | Powell, William (Corby) |
Irvine, Michael | Price, Sir David |
Jack, Michael | Rathbone, Tim |
Jackson, Robert | Redwood, John |
Janman, Tim | Renton, Tim |
Jessel, Toby | Rhodes James, Robert |
Johnson Smith, Sir Geoffrey | Riddick, Graham |
Jones, Robert B (Herts W) | Ridley, Rt Hon Nicholas |
Jopling, Rt Hon Michael | Ridsdale, Sir Julian |
Kellett-Bowman, Dame Elaine | Roberts, Wyn (Conwy) |
Kennedy, Charles | Roe, Mrs Marion |
Key, Robert | Rossi, Sir Hugh |
Kilfedder, James | Rost, Peter |
King, Roger (B'ham N'thfield) | Rowe, Andrew |
King, Rt Hon Tom (Bridgwater) | Rumbold, Mrs Angela |
Ryder, Richard | Townsend, Cyril D. (B'heath) |
Sackville, Hon Tom | Trippier, David |
Sainsbury, Hon Tim | Trotter, Neville |
Sayeed, Jonathan | Twinn, Dr Ian |
Shaw, David (Dover) | Vaughan, Sir Gerard |
Shaw, Sir Giles (Pudsey) | Viggers, Peter |
Shaw, Sir Michael (Scarb') | Waddington, Rt Hon David |
Shelton, William (Streatham) | Wakeham, Rt Hon John |
Shephard, Mrs G. (Norfolk SW) | Waldegrave, Hon William |
Shepherd, Colin (Hereford) | Walden, George |
Shepherd, Richard (Aldridge) | Walker, Bill (T'side North) |
Shersby, Michael | Wallace, James |
Sims, Roger | Waller, Gary |
Skeet, Sir Trevor | Walters, Sir Dennis |
Smith, Tim (Beaconsfield) | Ward, John |
Soames, Hon Nicholas | Wardle, Charles (Bexhill) |
Speller, Tony | Warren, Kenneth |
Spicer, Sir Jim (Dorset W) | Watts, John |
Squire, Robin | Wells, Bowen |
Stanbrook, Ivor | Wheeler, John |
Steel, Rt Hon David | Whitney, Ray |
Stern, Michael | Widdecombe, Ann |
Stevens, Lewis | Winterton, Mrs Ann |
Sumberg, David | Winterton, Nicholas |
Summerson, Hugo | Wolfson, Mark |
Taylor, Ian (Esher) | Wood, Timothy |
Taylor, John M (Solihull) | Woodcock, Mike |
Taylor, Matthew (Truro) | Yeo, Tim |
Tebbit, Rt Hon Norman | Young, Sir George (Acton) |
Temple-Morris, Peter | |
Thatcher, Rt Hon Margaret | Tellers for the Ayes: |
Thompson, Patrick (Norwich N) | Mr. Tony Durant and |
Townend, John (Bridlington) | Mr. David Lightbown. |
NOES
| |
Adams, Allen (Paisley N) | Darling, Alistair |
Allen, Graham | Davies, Ron (Caerphilly) |
Anderson, Donald | Davis, Terry (B'ham Hodge H'l) |
Archer, Rt Hon Peter | Dewar, Donald |
Armstrong, Hilary | Dixon, Don |
Banks, Tony (Newham NW) | Dobson, Frank |
Barron, Kevin | Doran, Frank |
Battle, John | Douglas, Dick |
Beckett, Margaret | Duffy, A. E. P. |
Beggs, Roy | Dunnachie, Jimmy |
Bell, Stuart | Eastham, Ken |
Bennett, A. F. (D'nt'n & R'dish) | Evans, John (St Helens N) |
Bermingham, Gerald | Ewing, Harry (Falkirk E) |
Blair, Tony | Field, Frank (Birkenhead) |
Blunkett, David | Fields, Terry (L'pool B G'n) |
Boateng, Paul | Flynn, Paul |
Boyes, Roland | Foot, Rt Hon Michael |
Bradley, Keith | Foster, Derek |
Bray, Dr Jeremy | Foulkes, George |
Brown, Gordon (D'mline E) | Fraser, John |
Brown, Nicholas (Newcastle E) | Fyfe, Maria |
Buchan, Norman | Galloway, George |
Buckley, George J. | Garrett, John (Norwich South) |
Caborn, Richard | George, Bruce |
Campbell, Ron (Blyth Valley) | Golding, Mrs Llin |
Campbell-Savours, D. N. | Gordon, Mildred |
Canavan, Dennis | Gould, Bryan |
Cartwright, John | Griffiths, Nigel (Edinburgh S) |
Clark, Dr David (S Shields) | Griffiths, Win (Bridgend) |
Clarke, Tom (Monklands W) | Grocott, Bruce |
Clay, Bob | Hardy, Peter |
Clelland, David | Hattersley, Rt Hon Roy |
Clwyd, Mrs Ann | Haynes, Frank |
Coleman, Donald | Healey, Rt Hon Denis |
Cook, Frank (Stockton N) | Hinchliffe, David |
Cook, Robin (Livingston) | Hogg, N. (C'nauld & Kilsyth) |
Corbett, Robin | Home Robertson, John |
Corbyn, Jeremy | Hood, Jimmy |
Cousins, Jim | Howarth, George (Knowsley N) |
Crowther, Stan | Hughes, John (Coventry NE) |
Cryer, Bob | Hughes, Robert (Aberdeen N) |
Cummings, John | Hughes, Roy (Newport E) |
Cunliffe, Lawrence | Hughes, Sean (Knowsley S) |
Cunningham, Dr John | Illsley, Eric |
Dalyell, Tam | Ingram, Adam |
Janner, Greville | Primarolo, Dawn |
John, Brynmor | Quin, Ms Joyce |
Jones, Barry (Alyn & Deeside) | Radice, Giles |
Jones, Ieuan (Ynys Môn) | Randall, Stuart |
Jones, Martyn (Clwyd S W) | Redmond, Martin |
Kaufman, Rt Hon Gerald | Rees, Rt Hon Merlyn |
Kinnock, Rt Hon Neil | Richardson, Jo |
Lamond, James | Roberts, Allan (Bootle) |
Leighton, Ron | Robertson, George |
Lewis, Terry | Rogers, Allan |
Litherland, Robert | Rooker, Jeff |
Lloyd, Tony (Stretford) | Ross, William (Londonderry E) |
Lofthouse, Geoffrey | Rowlands, Ted |
McAllion, John | Ruddock, Joan |
McAvoy, Thomas | Salmond, Alex |
McCartney, Ian | Sedgemore, Brian |
Macdonald, Calum A. | Sheldon, Rt Hon Robert |
McFall, John | Shore, Rt Hon Peter |
McKelvey, William | Short, Clare |
McNamara, Kevin | Skinner, Dennis |
McTaggart, Bob | Smith, Andrew (Oxford E) |
Madden, Max | Smith, C. (Isl'ton & F'bury) |
Mahon, Mrs Alice | Smith, Rt Hon J. (Monk'ds E) |
Marek, Dr John | Snape, Peter |
Martin, Michael J. (Springburn) | Spearing, Nigel |
Martlew, Eric | Stott, Roger |
Maxton, John | Strang, Gavin |
Meacher, Michael | Straw, Jack |
Meale, Alan | Taylor, Mrs Ann (Dewsbury) |
Michael, Alun | Thomas, Dr Dafydd Elis |
Michie, Bill (Sheffield Heeley) | Thompson, Jack (Wansbeck) |
Millan, Rt Hon Bruce | Turner, Dennis |
Mitchell, Austin (G't Grimsby) | Wall, Pat |
Molyneaux, Rt Hon James | Wareing, Robert N. |
Morgan, Rhodri | Welsh, Michael (Doncaster N) |
Morley, Elliott | Wigley, Dafydd |
Morris, Rt Hon A. (W'shawe) | Williams, Rt Hon Alan |
Morris, Rt Hon J. (Aberavon) | Williams, Alan W. (Carm'then) |
Mullin, Chris | Wilson, Brian |
Nellist, Dave | Winnick, David |
Oakes, Rt Hon Gordon | Wise, Mrs Audrey |
O'Brien, William | Worthington, Tony |
O'Neill, Martin | Wray, Jimmy |
Orme, Rt Hon Stanley | Young, David (Bolton SE) |
Owen, Rt Hon Dr David | |
Parry, Robert | Tellers for the Noes: |
Patchett, Terry | Mr. Ray Powell and |
Pike, Peter L. | Mr. Allen McKay. |
Prescott, John |
Question accordingly agreed to.
Debate adjourned accordingly.
Hospital Closures (Gwynedd)
7.31 pm
Motion made, and Question proposed, That this House do now adjourn.— [Mr. Kenneth Carlisle.]
On a point of order, Madam Deputy Speaker. The Government Whip has just moved the motion for the Adjournment of the House, but we still have business on the Order Paper.
After the debate on the Housing Bill, there should have been a debate on air pollution from large combustion plants on a motion to take note of European Community documents Nos. 11642/83 and 5124/85. If the Government do not want to move the "take note" motion, would it be in order for me to move it so that we can debate the Government's record on acid rain, taking account of the important fact that the meeting of EC Ministers to consider the instruction from the House takes place tomorrow? Why have the Government not moved the motion? Why are they stopping debate on acid rain? They do not want to debate housing and now they do not want to debate EC documents on an important subject. Is it in order for the Opposition to move the motion? There is plenty of time—it is only 7.31 pmI draw the House's attention to the fact that the motion for the Adjournment of the House has been moved. The "take note" motion is in the hands of the Government. It is not for the Opposition to move it.
On a point of order, Madam Deputy Speaker. I do not wish to take up the time available to the hon. Member for Caernarfon (Mr. Wigley)—
I hope that the hon. Gentleman will not.
Alas, the motion for the Adjournment has already been moved. The "take note" motion has been recommended to the House by the Scrutiny Committee because, as my hon. Friend the Member for Bootle (Mr. Roberts) said, the matter is to be debated in Brussels tomorrow. There is every expectation, to judge from the Government's explanatory memorandum, that they want to make progress. The motion says that the Government should negotiate on the directive to
There is therefore every expectation that the Government will reach a compromise and make an agreement tomorrow before the matter has been debated in the House. There is no reason why the matter should not be debated tonight. In that respect, the Government are deliberately and wantonly not allowing the House to discuss the issue before the Brussels meeting tomorrow. My point of order is whether the Leader of the House can tell us whether, if any agreement is reached, it will be subject to parliamentary reserve because there has been no debate tonight."provide for a substantial but cost-effective reduction in emissions from large combustion plants."
I understand that that is no longer a matter for the Chair.
On a point of order, Madam Deputy Speaker. Can I seek your guidance about the Leader of the House's tactic in apparently threatening to withdraw Short money unless the Housing Bill is delivered? Apart from being a modern version of piracy, it may be a breach of privilege. Could you confirm that, on a written submission, Mr. Speaker would consider the matter and decide whether it is a breach of privilege? In view of the public collapse of the organisation of the Tory Whips Office and the Leader of the House using his position to threaten an established procedure—providing money for the Opposition parties—could you convey to Mr. Speaker our concern and ask for an examination of the matter? I hope that the Leader of the House does not try to threaten Mr. Speaker as well.
Further to the point of order, Madam Deputy Speaker. Will you confirm that Short money was introduced by the 1974–75 Labour Government to assist the Opposition of the day, the main body of which was the Tory party? Will you also confirm that at no time did Labour Members threaten or bully the Tory Opposition, which you will recall, Madam Deputy Speaker used various tactics almost every week when the Labour Government did not have a majority?
Will you also confirm that the Short money has not yet been debated by the House in this Session and that it affects other minority parties, so it is outrageous for the Leader of the House to knock on the Shadow Cabinet's door asking for the deputy leader of the Labour party to come out, and then issue threats about withdrawing Short money because the Government lost control of business in the House? This has been a great parliamentary day for the Labour party in particular, and we shall not allow the Leader of the House to spoil it in any way.All I can do in response to the hon. Members for Bradford, South (Mr. Cryer) and for Bolsover (Mr. Skinner) is to repeat what I said earlier—that this matter will be referred at the earliest opportunity, and I mean the earliest opportunity, to Mr. Speaker.
Could I register—
I hope that the hon. Gentleman understands that he is taking time out of the Adjournment debate.
I do. Further to the point of order, Madam Deputy Speaker. May I make the strongest possible representations about the fact that, with no notice, the Government have withdrawn business which they tabled and which can be taken appropriately only tonight before the important Environment Ministers' meeting in Brussels tomorrow, at which Britain will again be accused of being the dirty man of Europe?
The Environment Select Committee report came out yesterday, but a debate tomorrow will probably be too late. Can I ask that the relevant authorities in the House ensure that the Government do not in future lead the House to believe that it is to have a debate on such an important matter and then suddenly, and at the last minute, withdraw the opportunity?There are senior Ministers on the Treasury Bench, and I am sure that the hon. Gentleman's point has been noted.
7.38 pm
This must be one of the most long-awaited Adjournment debates for many a year.
The debate is of considerable importance to the communities affected by Gwynedd health authority's closure proposals, which will affect six hospitals—Ysbyly Coffa Madog in Porthmaclog; the cottage hospital, Caernarfon; the Druid hospital, Llangefni; Ysbyty Devvi Sant, Bangor; Groesynyd hospital, Conwy; and certain facilities, including the children's ward, at Llandudno general hospital. The health authority decided on 25 April to go ahead with its closure proposals, and the debate is particularly well timed as the Secretary of State's period for receiving objections to the closures ended last week. I am sure that the Under-Secretary of State with responsibility for health in Wales, to whom I am grateful for attending this short debate, will confirm that there has been an enormous mailbag of opposition to the closures. Indeed, the people of Gwynedd regard the ad hoc closure of valuable community health facilities as an act of wanton vandalism by the health authority. They cannot believe that a Government who claim that the Health Service is "safe in their hands" can possibly endorse this retrograde package. I want to refer to the way in which the closure proposals have been formulated in general and then to deal in particular with the two hospitals in my constituency. The closure proposals were made last year after the health authority had been in some financial difficulty over recent years—indeed, ever since the new district general hospital, Ysbyty Gwynedd, opened in 1984. Because of those cash problems, the Welsh Office put in consultants, Deloitte Haskins and Sells, to report, on a narrowly specified brief, on the authority's financial position, its budgetary control system and how to get the books to balance as quickly a s possible. Nowhere was Deloitte asked to make value judgments in terms of service rendered or health care minimum standards required to be maintained. Gwynedd health authority has consistently maintained that it has been underfunded by the Welsh Office, in revenue and particularly in capital expenditure. It claims that the Welsh Office had not made available the sums needed for a coherent capital expenditure programme. The capital programme announced by the Welsh Office shows that over the next 15 years Gwynedd will get only £15·8 million, or £68 per capita, compared with Clwyd getting £54·3 million, or £136 per capita—twice the level of Gwynedd—and West Glamorgan getting £65·3 million, or £179 per capita. That is despite the inadequate standard of many buildings in Gwynedd and the fact that Gwynedd's population is projected to increase by 5·6 per cent. from now until 2001, compared with a 1·9 per cent. increase for Wales as a whole. The Minister must explain why Gwynedd has been starved of capital. Is it because of a shortage of capital in the Welsh Office or because no adequate capital proposals have been submitted by the authority to the Welsh Office? The Deloitte report, which was published in September 1987, made it clear that there were fundamental causes of the health authority's financial problems. The prime reason given wasThat, of course, was a direct result of Government policy. The health authority's budgetary control system is supposed to highlight those areas of overspending so that management action can follow, but in 1986–87, when there was a net overspend of £1·5 million, only five of the 32 budget heads had overspending in excess of £100,000 and those five areas alone caused the £1·5 million overspend. Ysbyty Gwynedd itself gave rise to almost £700,000 of overspending. Yet, although the budgetary control system identifies those areas of overspend, the health authority's corrective action to get its budget back into balance has not been aimed at those five areas. Instead, the authority plans to close community hospitals that have not contributed significantly to the net overspend. The absence of management by budgetary control reflects a complete lack of confidence by management in the implications of its own accounting system or in taking decisions on bases other than budgetary performance—on bases contrary to the terms of reference of the Deloitte study. In fact, the Deloitte report was dramatically scathing in its comments on the health authority's budgetary control system, saying, in paragraph 61, for example:"The cumulative underfunding of wage awards by approximately £2 million".
Paragraph 126 states:"The District's revenue expenditure is based on budgets which are unrealistic".
That being so, it is hard to understand how the health authority or Deloitte had an adequate basis of financial information on which to take such far-reaching decisions. Questions must be asked about the competence of both the Welsh Office and of the membership of the authority, in allowing the budgetary control system to continue in a state of complete shambles. The responsibility for the financial performance of the health authority lies either on the shoulders of the authority members or on the desk of the Secretary of State. It certainly does not lie with the people of Gwynedd, who do not elect the authority or have any control over it. Yet it is they who, through a real reduction in health care provision, are being asked to carry the can for the inadequacies of the authority's performance or the insufficiency of resources to sustain services. The Welsh Office has laid down specific guidelines for the procedure to be followed when closures are proposed. It requires that the consultation document covers, first, the implications for patients, such as travel; secondly, an idea of options with relevant arguments; thirdly, alternative uses for the buildings; fourthly, alternative employment of staff; and fifthly, how the closure fits in with the area's plans. I contend that Gwynedd health authority has treated those guidelines with a passing disinterest bordering on contempt. In none of the closure proposals is any of the five criteria adequately pursued. If the Minister takes his own guidelines seriously, he must insist that the health authority shows a greater professional integrity in undertaking its consultations. I draw to the Minister's attention Deloitte's severe criticism of the health authority over its lack of strategic planning for the development of the hospital service, which is relevant to the fifth point that I mentioned. Deloitte commented in paragraph 86 that, in Gwynedd,"Budgets are not currently based on activity levels as these are not produced as a part of the operational planning process."
The report adds in paragraph 91:"Planning operates outside the General Management Structure."
That is borne out by the way in which tens of thousands of pounds were spent by the health authority on upgrading the cottage hospital in Caernarfon during the past two years, making it suitable to provide services for disabled people, then deciding last autumn to close down that hospital and write off most of the spending that has added little to the market value of the building. Deloitte states in paragraph 98:"Initiatives for district services were allowed to develop without any detailed operational planning and without examining the availability of any additional funding."
However, Health Service planning paper 5 requires specifically that closure proposals should cover the relationship between the proposed closure and other developments in the area's plans. That has manifestly not happened in these closure proposals. I want to raise with the Minister the inadequacy of the health authority's consultation document used as the basis of the proposed closures. There was a common element in each of the closure documents, which were, through no fault of the authority, severely dated and consequently misleading long before the expiry of the consultation period. For example, the health authority forecast in its consultation documents an overspend of £1·3 million in 1987–88. In the authority meeting of 25 April, it was admitted that the actual result was likely to be an underspend of £150,000, and that was achieved without closing the hospitals now threatened. Secondly, the authority published the consultation document on the assumption that there would be a continuing underfunding of wage awards "on a recurring basis" and that £750,000 had to be found this year to meet that cost. But the Government have announced subsequently that the wage award is being fully funded and consequently the assumption by the health authority is incorrect. Thirdly, the authority assumed, as a justification for its closure proposals, that it would be required by the Welsh Office to transfer each year 0·5 per cent. of its budget to priority services. In fact, since the publication of the consultative document, the Welsh Office has withdrawn that requirement. In addition, a number of factors quoted by the health authority at its meeting on 25 April were not included in the original consultation documents, such as the assertion that no capital would be available for alternative hospital provision and that the package had to be taken in its entirety, not hospital by hospital. Is such an approach correct or acceptable? I remind the Minister that, in response to a parliamentary question of mine on 18 January, he stated that if a consultation document were found to be"The Authority has not yet developed a management plan as an element of its overall strategic operational planning process."
I put it to the Minister, on the basis of the misleading assumptions that I have just described and because of the authority's failure to draw up consultation documents in line with the requirements of Health Service planning paper 5, that there is now a responsibility on the Welsh Office at the very least to withdraw the present proposals and to seek consultation on the basis of correct information, against the background of a properly discussed strategic plan for hospital services in the county. The closure of the Ysbyty Madog would leave the town of Porthmadog without a single hospital facility. Against the background of the explosion at the Coake's works in Penrhyndeudraeth yesterday, the implications must be clear. Porthmadog serves as a centre for a tourist area the population of which is increased by tens of thousands in the summer. All the health authority's plans over the past 10 years assumed that there would be a new, modern community hospital in the Porthmadog area and that the Madog would be retained until a new hospital was built. Those plans now seem to have been thrown out of the window in a policy somersault, based on an ad hoc cost-cutting decision rather than on a planned change in health care provision. The suggested alternative for the Porthmadog people is to use the existing hospital in the village of Penrhyndeudraeth, which is separated from Porthmadog by the Cob built by William Maddocks early last century, which is one of the worst traffic bottlenecks in Wales. Porthmadog is 30 miles from the district general hospital at Bangor. The local campaign committee has had the advice of a chartered accountant, Mr. Dan Ellis, to examine the claimed savings from closing the hospital—£237,000 a year. He has shown that the figure is not a net saving but rather the gross cost of running the Madog hospital. It makes no allowance for the cost of caring for patients elsewhere; nor is any compensation included for staff having to move to other jobs. The health authority has acknowledged that if the Madog closes it would"faulty, misleading or inadequate in a way that might he prejudicial to proper consultation, it is likely that further consultation would be required."—[Official Report, 18 January 1988; Vol. 125, c. 547.]
Furthermore, some of the patients who use the Madog for respite care—they include some EMI patients—might have to resort to private nursing home or residential home facilities if the Madog were not available. If that were to happen, the Exchequer would probably have to pay £200 a week to keep those people in private homes. The health authority admits that it has not taken that aspect into account, claiming that it is under no obligation to do so. Presumably the Welsh Office cannot pass on its responsibilities quite so easily, and the Treasury might have something to say about that. There is real doubt whether the authority is legally entitled to sell a building that was erected by public subscription specifically as Porthmadog's memorial to the dead of the first world war. The decision to close the Madog was taken by eight votes to seven, with the vice-chair of the authority abstaining. That is clearly an inadequate basis for such a far-reaching decision and the Secretary of State certainly should not endorse the closure proposal. The cottage hospital in Caernarfon is an ideal ground floor building, recently modernised at a cost, according to the authority, of £45,000, although others put it at nearer £80,000. It currently provides 14 vital general practitioner beds and enables many people to recuperate or have short-term or respite care, within their own community. The hospital was adapted last year, in conjunction with the 'all-Wales strategy for mentally handicapped people', to provide dental care for disabled people, for whom doors were widened, and other facilities installed. It was also planned that the hospital would provide a community physiotherapy service. The alternative open to GPs in Caernarfon is to refer patients to the orthopaedic consultant at Bangor, with a 38-week waiting period. It was planned that the cottage hospital would give an immediate service. Last August, a physiotherapist was appointed to serve there. But, before the appointee could take up the job, the authority decided to close the hospital. That example, together with the capital spending to which I have referred, underlines the collapse of coherent planning of services and resource allocation in Gwynedd. The closure of the cottage hospital would mean that Caernarfon would have no casualty unit. The closure would mean that Caernarfon people have to go to Bangor for a casualty unit. In fact, the Deloitte report justified the use of the Bangor casualty unit on the basis that the road link to Bangor"result in a substantial loss of service to the people of Eifionydd".
That road will not be open for two or three years, and, in the meantime, casualty cases would be liable to long traffic delays at Port Dinorwic, which are likely to worsen while the bypass is being built. Incidentally, the use of the cottage casualty unit is currently running 30 per cent. higher than that quoted in the consultation document. The consultation document is also gravely misleading in its assessment of patient activity levels. It quotes the figure for 1986 as 67 per cent. for a 10-bed facility. It is outrageous that such figures should have been used. The fact is that 1986 was the year i n which much building work was being undertaken at the hospital, and the beds were not all available for periods of time. Now the hospital has 14 beds and the bed occupancy for the first quarter of 1988 was 83 per cent. not the 67 per cent. on which the consultation document was based. That compares with a Welsh average of 79 per cent. An 83 per cent. utilisation of 14 beds is a very different story from a 67 per cent. use of 10 beds. The cost per in-patient day quoted as £81 would reduce to £66 on that basis. Furthermore, the hospital is now running with a lower staff complement, with a saving of £27,000 a sear. It now has 13·6 whole-time equivalent nursing staff, compared with the 16 quoted in the closure document. That brings the cost down to £58 per in-patient, which is not far from the Welsh average of £50. The savings claimed in the consultation document amount to £260,000. However, that is also shown as the total running cost of the hospital. In other words, the authority assumes that the entire current running costs can be saved by closing the cottage hospital. That is absolute nonsense. The authority claims that there will be alternative arrangements for dental services, special needs, the orthodontic clinic service and for speech therapy. It also admits that greater pressure will be put on other hospitals, community health services and hospital day care facilities. Those alternatives will all cost something, and the savings are likely to be appreciably less than those claimed. Furthermore, as no staff are to be made redundant, the salaries will still have to be paid. The savings will only arise when the cottage hospital staff are redeployed to replace staff who retire. Even then, there will be relocation and disturbance costs. One GP at Caernarfon has estimated that as many as 20 elderly people currently receiving respite care at the cottage hospital may be forced into other institutional care, almost certainly into private sector nursing or residential homes. Overwhelmingly, those people will be paid for by social security, and that cost alone could wipe out the bulk of the savings. At the meeting of the health authority on 25 April, one member, Mr. Alun Jones, proposed that the decisions on the Madog and cottage hospitals should be postponed because the case was far from clear-cut. However, the general manager insisted that the package should be looked at in its entirety—a stipulation that I challenged earlier. The vote to close the cottage hospital was by 10 votes to six, showing a deep division within the authority. I urge the Minister, for all the reasons I have outlined, to reject the closure proposal and to seek a strategy for hospital services at Caernarfon that will enhance rather than diminish health care in the region. I have referred specifically to the position of the cottage hospital in Caernarfon and the Madog memorial hospital, because they are in my constituency. I know that my hon. Friend the hon. Member for Ynys Môn (Mr. Jones) feels equally strongly about the lack of coherent planning over the closure of the Druid hospital at Llangefni and has led a deputation to see the Minister on the matter. He urges the retention of the Druid until an acceptable alternative new hospital is open and functioning at Llangefni. None of us wants to argue that every building and facility run by Gwynedd health authority must remain inviolate for ever. We argue that there is an overwhelming case for taking those decisions as a part of a long-term strategy and not as a short-term expedient. Such a strategy may well need a capital investment programme at a significantly higher level than that currently available to the authority. If we are to have a system of modern community hospitals in Gwynedd for the 21st century, we shall almost certainly need new buildings and new facilities. Until such projects are properly planned and scheduled, we have to maintain the existing facilities unless there is an overwhelming reason to do otherwise. That means running what we have in the most efficient manner possible and closing hospitals only when new and better facilities are on stream. To do otherwise is to accept an actual reduction in health care for our communities. That is not acceptable to the people of Gwynedd and neither should it be to a Government who claim that the Health Service is safe in their hands."will be greatly improved with the Port Dinorwic bypass".
7.55 pm
The hon. Member for Caernarfon (Mr. Wigley) and my right hon. Friend the Secretary of State for Wales have exchanged several letters in recent months on the subject of Gwynedd health authority's proposals for the future of hospital services in its district. My right hon. Friend and I have also met the hon. Gentleman to hear his views at first hand. We have explained the procedures under which district health authorities can brine about chances in hospital service provision and the way in which the arrangements for public consultation are designed to take account of views expressed on the health authority's proposals.
However, I would have welcomed the chance to expand on this theme tonight and also to explain why, although I welcome the submission of views on the proposals, it would be inappropriate for me to make any substantive comments at this stage or, sadly, to reply to the trenchant points made, or rather repeated, by the hon. Gentleman. The proposals have been drawn up in the light of the authority's financial problems, which it drew to the attention of Welsh Office at the beginning of last year. After discussion with the authority's chairman and senior officers, it was decided to bring in management consultants at the Welsh Office's expense to investigate the authority's financial position. The consultants concluded that the authority's problems had their roots in 1984–85, with a developing trend of overspending on budgets in following years. The authority had managed to contain its overspending by taking advantage of non-recurrent savings—including slippage on capital schemes—and in 1986–87 by substantially increasing its creditor balances. By 1987–88, however, the position had become untenable. The consultants attributed the authority's position to: the cumulative under-funding of pay awards; an increase in activity levels, particularly in high-cost specialties at Ysbyty Gwynedd; the failure to make recurrent savings to finance the 0·5 per cent. transfer of funds to priority groups; and the effects of incremental drift on pay. None of the factors identified as underlying the authority's financial position is unique to Gwynedd. Other authorities, less favourably resourced than Gwynedd, have managed to contain their spending in the face of similar pressures. The consultants also concluded that insufficient management action had been taken to control activity and spending levels. Later in their report, they were critical of the authority's systems of planning, budgeting and financial control. It is vital that, as part of its programme to restore financial balance, the authority takes vigorous action to improve its arrangements for planning, budgeting and financial control. The authority remained within its cash limit last year partly as a result of the non-recurrent supplementary funding that all authorities shared, and partly because of loan support from the Welsh Office in recognition of its cash difficulties. Provisionally it seems that the authority may have overspent in income and expenditure terms last year by some £210,000, although this will be established when the authority has submitted its annual accounts. It is apparent therefore that the authority still has underlying recurrent financial problems. Those problems are the more serious when set against the background that the authority is shown, by both the capital and revenue formulae used to assess the relative funding position of Welsh health authorities, to be one of the best resourced in Wales. The growth in recurrent revenue resources—not including the funding of the review bodies' pay awards in 1988–89—which have been made available to the authority in the period 1978–79 to 1988–89 is some £17·5 million, or more than 43 per cent. after adjusting for actual and expected inflation. That is the second highest rate of growth of any authority in Wales, and compares favourably with the Welsh average of 36 per cent. In the light of those figures, I cannot say that I am satisfied with the level of financial management shown by the authority. That was one of the reasons for calling in the management consultants. The consultants' recommendations bear out that decision. I expect to see a considerable improvement in the quality of financial management in Gwynedd this year, and I shall be keeping a very close watch on developments. In particular, I expect much tighter control to be exercised over budgets than has been the case in the past. I have spent a little time on the financial position of Gwynedd health authority, but I make no apology for that, as it is central to our discussions today. The hon. Member for Caernarfon will understand that I cannot comment on the health authority's proposals, but it may be helpful if I end by saying that my right hon. Friend the Secretary of State has received several hundred letters of objection to the proposals. There is no set time scale for consideration of the proposals and the objections that they have attracted, but this will be done as quickly as is consistent with full and careful consideration of all the issues raised. Once a conclusion has been reached, a letter setting out my right hon. Friend's decisions and the reasons for them will be sent o the health authority and to the hon. Gentleman. The hon. Member for Caernarfon has expressed concern about aspects of the consultation procedure carried out by Gwynedd health authority. I assure him that the points that he has made today, together with those that he made earlier in writing and in meetings with rue and my right hon. Friend the Secretary of State, will be fully and carefully considered, as will those submitted by all other interested parties, before any decision is taken.Question put and agreed to.
Adjourned accordingly at one minute past Eight o'clock.