Kit Malthouse
MP for North West Hampshire · Conservative · United Kingdom
“We have heard time and time again that the situation that thousands of our constituents live with every single day is so horrific and appalling that even the best palliative care cannot alleviate their pain. I urge colleagues to consider what their vote may mean today.”
“I will not. Some of those Members had just a few months before been specifically rejected by the electorate and replaced in this House by others, and I am afraid that they cannot be trusted not to do the same thing again. I grant my right hon.”
“The Health and Social Care Committee of the House of Lords found that in territories that have assisted dying, palliative care generally improves, because people become less afraid of talking about death.”
“One of the most affecting people I have met over the last 11 years of campaigning on this issue is Warwick Jackson, who came to our party conference a couple of years ago. Warwick’s wife, Ann, was diagnosed with terminal peritoneal cancer. She basically knew that she was going to die a slow, suffocating death at the end.”
“I respect my right hon. and learned Friend’s expertise in this matter, but, as he has already heard on the Floor of the House, it is perfectly possible for this House to suggest amendments, negotiate them with the promoters of the Bill, place them against the legislation in the House of Lords and then have them come back to this House for…”
“As co-sponsor of the Bill once again, I am acutely conscious that there is more at stake today than merely the fate of those who are facing their end, because the conduct of the other place means that our democracy is also on trial today.”
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“It was a great pleasure to spend some time with my hon. Friend and his esteemed neighbour, our hon. Friend the Member for Poole (Sir Robert Syms), at the power station site in Poole. I would recommend it as a place to visit, not least to see the remarkable harbour bridge, which is a feat of British engineering worth visiting in itself. There is much that we can do in terms of applying funding, but the application of Homes England is critical to getting brownfield sites over the line. Homes England is becoming much more entrepreneurial and assertive in its use of the funds and the capacity we have given it to make these sites work. As we speak, it is releasing thousands of homes throughout the country.”
“I have not been a Minister for long, but I have learned to use a word well honed in government, which is “shortly”. We will respond shortly but, more than that, it would give me enormous pleasure to visit York at some point over the next few months and view what I know is a large site with great potential that Homes England has already talked about in excited terms. Having had a fantastic weekend with my family in York just last year, it would be a great pleasure to repeat the experience.”
“That is a remarkably crafty attempt by my hon. Friend to shoehorn in a question about student housing. He is absolutely right that brownfield land offers enormous potential for all sorts of housing throughout the country. In fact, you might be interested to know, Mr Speaker, that in 2016-17 some 56% of all new homes were delivered on brownfield sites, and that will have included student accommodation. In truth, the secret to student accommodation is the same as that for all sorts of other accommodation: supply. The more there is, the cheaper it will be and the more providers will compete on quality.”
“There will be no intention to leave any sod of brownfield land unturned throughout the country in our quest for space to build the homes that the next generation needs. The hon. Lady makes a serious point and she is right that in the spending review and the consideration of arrangements as we leave the EU, we need to look to reproduce the capacity to deal with all that contaminated land, which is perhaps a relic of our industrial past but now holds enormous potential for the future.”
“Permitted development rights have produced 46,000 homes over the past three years. Those homes have to come from somewhere. They are not, as the hon. Lady said, slums. All permitted developments have to comply with building regulations. As she knows, we are currently reviewing building regulations to see what can be required. As part of the work on the social housing Green Paper, we may well also look at the decent home standards that could, in time, apply to the private rented sector.”
“My hon. Friend is exactly right. The green belt should only be used in exceptional circumstances, after local authorities have demonstrated that they have exhausted all other options, including the use of brownfield, co-operating with their neighbours and looking at further density in their developments. We strengthened protections for the green belt in the national planning policy framework published in July 2018, and that should be a last resort.”
“There is obviously a concerted attack taking place against permitted development rights, which I find distressing, given the sheer number of homes that they have produced for people who are desperate for those homes. As I have said, all homes, whether under permitted development rights or normal planning permission, have to comply with building regulations, and it is down to local authorities to ensure that that is the case.”
“My hon. Friend is indefatigable and has raised that issue at every opportunity when I have been at the Dispatch Box. He is right that, as part of our affordable homes programme, we would like to see more discount market sales, particularly to younger people across the country. I urge local authorities, which we hope are bringing forward authoritative and forward-looking plans, to embrace that type of tenure.”
“I want to clarify something. The hon. Gentleman said there was an inflated housing target. On a number of occasions in the main Chamber and in Westminster Hall, I have heard his Front-Bench team make serious promises about the number of houses they will build, which is not dissimilar to the number that we are aiming to build. I just wonder whether he still pledges to hit that target, and if so, where he thinks those houses will go, if not in large conurbations such as Manchester.”
“I am grateful to the hon. Gentleman for providing that clarification. Just for clarity, he is saying that he is concerned not about the number of houses that are built but about where they are built in his constituency, and that he would like to see higher-density housing on brownfield sites. I agree with that aspiration. I hope he recognises that that is perfectly within the capability of the local authority and the Mayor in Manchester to decide through their plan process. If he would like to meet representatives of Homes England to talk about the marginal viability funding that we can and do provide for trickier sites that require remediation or other action to make them viable, I would be more than happy to facilitate that.”
“Friend the Member for Hazel Grove, put into representing the interests of their constituents locally, I am confident that they will take on such a role.”
“Ultimately, planning inspectors make recommendations about the soundness of the plan. Paragraph 35 of the NPPF sets out four tests of soundness that plans must pass, namely that they are positively prepared, justified, effective and consistent with national policy. I am sure that hon. Members will understand that I cannot comment on the content or merits of the draft Greater Manchester spatial framework, as that could be seen to prejudice the Secretary of State’s position later in the planning process. I am aware that the draft spatial framework is out for public consultation until 18 March. I encourage anyone with views about it to respond to the consultation and take an active role in its development, as several hon. Members have. Knowing the tireless work that all hon. Members present, particularly my hon.”
“Our starting position is that we trust local planning authorities, or groups of local planning authorities, as in Greater Manchester and many other parts of the country, to work together to produce plans that reflect the spirit of co-operation and joint working that we want to see. As a matter of law, plans are subject to a range of engagement and consultation with communities and other organisations. That consultation is a vital element of the plan-making process. Plans are then subject to rigorous examination by independent planning inspectors, who are appointed by the Planning Inspectorate. The planning inspector or, in some cases, a panel of planning inspectors, assesses plans against the national planning policy framework and any other material planning considerations before coming to their conclusions.”
“It is the Mayor’s role to work collaboratively across Greater Manchester, and across the political parties, to provide the leadership and coherent vision required. Of course, local MPs should play an important role in the development of his plan. The Government have also set out a national planning policy in the national planning policy framework, which we revised last year. That sets the overall framework for planning nationally. Local authorities need to bring forward plans for their local areas that respond to the particular nature, challenges and opportunities in their areas, some of which have been outlined by hon. Members.”
“Ten local planning authorities make up the Greater Manchester area, which is a key element of the northern powerhouse. The Government fully recognise how vital joint working between those authorities is to the success of Greater Manchester. The northern powerhouse is about boosting the economy by investing in skills, innovation, transport and culture, as well as devolving significant powers and budgets directly to elected Mayors. In that spirit, the Government have placed faith in the people of Greater Manchester and their elected representatives to shape their own future. We have backed that up through the devolution of a wide range of powers under the leadership of an elected Mayor.”
“I will attempt to comply, Mr Stringer. It is a great pleasure to appear under your wise and steady hand for the first time. I apologise for my agitation during the debate, but I am eager for houses to be built across our great land for a generation that is crying out for them. I congratulate my hon. Friend the Member for Hazel Grove (Mr Wragg) on securing the debate and on recognising the importance of the plan-making functions of local authorities and the importance of Greater Manchester, which is a place I know well, having been brought up at the far end of the M62 in Liverpool. I look forward to celebrating the relationship between our cities on Sunday afternoon, when the greatest football team of all time will play Manchester United.”
“If, for example, there are constraints such as an area of outstanding natural beauty, green belt or whatever it might be, and people can justify a lower number, an inspector should accept that. That said, if local authorities are ambitious for their area and want to address the legitimate housing needs of young people—many now have to live at home, with their parents and grandparents, into their 30s and 40s, even in the great cities of the north—they can go ahead of those targets if they wish. That, combined with the duty that now exists in the planning system to co-operate with neighbouring local authorities, means, we hope, that each area can arrive at a figure for provable, established local housing need, which has been assessed by an inspector, from a baseline that across the country will produce a target, we hope, of 300,000 homes.”
“As a result, we took the decision to step back and restore the 2014 numbers, and then consult further on a more coherent system going forward—one that could be generally agreed across the country. We really did not think that, on the basis of those anomalous results, it was a good time for people to take their foot off the accelerator, given that we all accept the strong need for housing, and that both major political parties have made ambitious promises about their housing targets. I should clarify what the local housing need target is. It is exactly that—a target. It is a baseline from which a local authority can work to effectively establish the number of homes that it needs in its area. In the examination of any plan, a local inspector will look at the plan and accept properly evidenced and assessed variations from that target.”
“The question is where those homes should go. We have attempted to put in a standardised system to assess local housing need across the whole country on a formula basis. The hon. Member for Oldham West and Royton is right to say that the ONS was tasked with producing the first projections, or the basis of the data for projections, of local housing need. Unfortunately, the numbers that the ONS produced created some very anomalous results across the country. For example, in relation to the city of Cambridge, one of the strongest-growing regions in the country and where there is enormous ambition, the 2016 forecast was that there was zero housing need in Cambridge. Other cities’ anomalous results caused alarm.”
“As has been said, many residents’ objections to new developments tend to stem from the feeling that the new development will detract from the quality of the area. If we can get design right, if we make space for beauty, if we build the conservation areas of the future and communities that work coherently, people will, we hope, start to welcome new development in their area as something that will enhance it and make it more sustainable. Finally, I want to raise the issue of numbers. All hon. Members mentioned numbers. We are very keen to see a lot of houses built in this country—many millions, perhaps—over the decades to come, because we believe that there is huge pent-up demand. We have set a target of 300,000 homes a year by the mid-2020s, and I have heard nobody politically say that that is not a good and ambitious target for us to hit.”
“One area that we have made great play of in policy over the past few months is design. Where new homes are permitted, it is essential that we ensure that they are well designed. That is why we have established the Building Better, Building Beautiful Commission, chaired by Sir Roger Scruton. We held an important design conference in Birmingham just last week. We have also appointed a chief architect to work at the heart of Government to champion the important role that good design plays. I highlight the fact that the revised NPPF states that permission should be refused for poor design, especially when it fails to take the opportunities available for improving the character and quality of an area.”
“Member for Oldham West and Royton also mentioned neighbourhood plans. They have been incredibly popular across the country. About 13 million people now live under a neighbourhood planning system. We have provided £26 million of capacity support for neighbourhood plans, and I recognise that it takes a lot of commitment from local people to take control of planning in their local area. If the hon. Gentleman is having difficulties with neighbourhood plans, I will be more than happy to look at whether we can offer some kind of support because, however long I am in this job, I am keen to see neighbourhood planning established as a way for local people to take control of planning, so that they feel much less like its victims and more its master, particularly when it comes to design.”
“We have a £5.5 billion housing infrastructure fund, which can be used to bring forward housing sites and to release land for housing in a number of ways, including large infrastructure projects such as the multimillion-pound funding package for Carlisle that we announced last week, which put in a bid. I am sure that the hon. Member for Oldham West and Royton (Jim McMahon) is aware that Oldham has submitted a bid to the housing infrastructure fund for marginal viability funding, which is designed to overcome exactly the sort of problems that he raised in his speech with difficult or marginally viable sites that might require work or some Government assistance to get them under way. We and Homes England are working with his local authority to solve some of the problems that he mentioned. The hon.”
“By identifying what is needed and where, the planning system can help to deliver the required infrastructure, either directly through tools such as section 106 agreements or the community infrastructure levy, or indirectly by signalling to utility companies or Government agencies such as the Highways Agency that certain items are required. Those agencies and companies can then build things in their own investment plans. As I am sure hon. Members are aware, the Government also provide a number of opportunities for local authorities to bid for funding to assist with infrastructure.”
“A number of Members have mentioned the importance of the environment. As I hope everyone knows, we are in the middle of a consultation on the notion of biodiversity net gain in our housing and general development across the country, and that will conclude later in the year. It is absolutely right that in all we do we should seek to make the environment as much of a priority as we possibly can, and to accommodate and make space for nature. Several Members mentioned the need for infrastructure. Plans are also about securing the necessary infrastructure to support development. It is essential to identify the type, scale and timing of the infrastructure required in any area, and that applies to smaller-scale infrastructure such as doctors’ surgeries or children’s playgrounds, right up to new hospitals, waterworks or rail connections.”
“At this stage, it is worth pointing out that there is obviously a difference between green belt and greenfield. In some cases, I think that hon. Members might be confusing the two terms—one is in regulatory protection, the other is not. Fundamentally, it is for local authorities and local decision makers to provide the evidence base whether for variation of the green-belt boundary or for possible mitigation changes to the boundary by creation of space elsewhere. It is still the case that the green belt overall in the country is bigger today than it was in 1997. We have taken particular steps to protect it. I also point out that in the NPPF that came out in July 2018, we put greater emphasis on seeking to develop brownfield land, especially within the green belt, as a priority.”
“To some specifics, on the green belt, it would be wrong to think that this was just a numbers game. Clearly, the Government are committed to protecting the areas that communities value, including the green belt. The NPPF was revised last year and maintains strong protections for the green belt. It sets a very high bar for alterations to green-belt boundaries, and although a local authority—or even a collection of them, as in this case—can use the plan to secure necessary alterations to its green belt, that is only in exceptional circumstances. The Government do not list those exceptional circumstances, which could vary greatly. Instead, it is for local plan makers and the Planning Inspectorate examination to check that any change is justified.”
“Watch this space. I will come on to housing numbers, but I just want to finish this. The plan-making process means that there will be a further round of consultation before the plan is submitted for examination by a planning inspector. I understand that that is likely to take place in summer 2019. Anyone with views about the document should make them known at that stage and, given that the timing is not yet fixed, those interested should remain in contact with the Greater Manchester authorities, as I know that all hon. Members and their residents will. The Government fully recognise the need to plan for and build more homes. We are committed to delivering 300,000 additional homes every year by the mid-2020s, and every part of the country has a role to play in reaching that target.”
“As a result, we have seen falls in home ownership, rises in density, and a homelessness problem, and we need to address that situation. Much of it is about supply, and most of that supply will necessarily be built in the great cities of the north and across the whole of the country because, frankly, as the right hon. Gentleman said, they are great places to live; I speak as a former resident of one of them.”
“I am more than happy to write to the hon. Gentleman to set out the precise way in which the target should be taken into account. There has been a lot of misunderstanding, resulting in the notion that this is a mandated number that local authorities have to hit. We recognise that within the United Kingdom there are lots of variables to be taken into account. If a local authority falls largely within a national park, there are obviously significant constraints on its ability to produce housing. The planning system must be flexible enough to accommodate that. At the same time, however, I urge all Members to bear it in mind that we have an urgent national mission to build homes. All parties, when in government over the past two or three decades, have failed to build enough houses to accommodate the next generation.”
“I am happy to copy in all hon. Members who are present for this debate, so that they may understand how the local housing target will work. However, I urge hon. Members to recognise that there is a requirement across the whole of the country for us to look for more houses for younger people and, frankly, not to let local authority leaders off the hook—”
“I suspect that there may be further refinements to the framework, and its policies and proposals, over the coming months. As part of that process, some of the important issues that many hon. Members have so passionately highlighted today may be considered.”
“I am afraid that I do not have time to give way again. We must not let local authority leaders off the hook in relation to taking the sometimes difficult decisions—they are difficult; I have been a councillor myself—to build and develop the right types of houses in the right places for the next generation. I appreciate that there is likely to be a range of views about the Greater Manchester spatial framework; that is to be expected, and shows that people care passionately about what happens in their communities, which is a good thing and I applaud it. The current version of the GMSF has been agreed by 10 local planning authorities and the Mayor as being suitable to be consulted upon. That in itself shows a unity of purpose, and no doubt a degree of compromise.”
“The regulations are being made using powers in the European Union (Withdrawal) Act 2018 to fix legal deficiencies in retained EU law, in order to reflect the fact that the UK will no longer be an EU member state after exit day.”
“I beg to move, That the Committee has considered the draft Construction Products (Amendment etc.) (EU Exit) Regulations 2019. These regulations were laid before both Houses on 18 December 2018. They are part of the Government’s programme of legislation to ensure that, if the UK leaves the EU without a deal or an implementation period, there continues to be a functioning legislative and regulatory regime. Leaving the EU with a deal remains the Government’s top priority—that has not changed—but the responsible thing to do is to accelerate no-deal preparations to ensure that the country is prepared for every eventuality.”
“Let me make a bit of progress. I will start by providing some context, or background, to the regulations. The construction products regulation, or CPR, is an EU regulation that is directly applicable in all EU member states. It seeks to remove technical barriers to the trade of construction products, and applies UK-wide.”
“I will not, sorry. The CPR harmonises the methods of assessment and testing, the means of declaration of product performance, and the system of conformity assessment of construction products. It does not harmonise national building regulations, and individual member states remain responsible for safety, environmental, energy and other requirements applicable to construction works. When a harmonised standard exists for a product, the CPR places obligations on manufacturers, distributers and importers of that product when it is placed on the market, including that the product must be accompanied by a declaration of performance and affixed with the CE mark. At the point at which the UK leaves the EU, the CPR will become retained EU law and will therefore form part of our legal system.”
“In a moment, please. Without the amendments made by this instrument, the CPR’s provisions would not have practical application in the UK, because the UK will not be an EU member state. The CPR also confers several functions on the European Commission that will no longer have effect in relation to the UK.”
“As I said in my opening remarks, the instrument has been before the House since 18 December. It has been perfectly possible for Members to investigate it and to seek those documents for the past month and a half. If the hon. Lady has failed to do so, that is not our lookout.”
“My hon. Friend has put his finger on the button. From the start of this sitting, it has been obvious that all this is not really about the EU construction products regulation; it is about a rejection of the whole process of properly preparing the country for all eventualities. I know that the hon. Member for Garston and Halewood regards herself as an assiduous Member of Parliament, but I am afraid that I cannot compensate for her dilatory approach to these regulations by producing a paper that she has had well over a month to look at and research.”
“I note the hon. Lady’s concern. I would have assumed that, in her no doubt extensive preparation for this sitting, she would avail herself of the facilities in the Library and elsewhere to find those documents and study them, if she was giving a speech or preparing interventions on this subject, but I note her concern for the future.”
“To conclude, I believe that the statutory instrument is necessary to ensure that construction products regulation continues to function appropriately if the UK leaves the EU without a deal or an implementation period. I hope that colleagues will join me in supporting the draft regulations, which I commend to the Committee.”
“I should note that the regulations also make a number of technical operability fixes to correct deficiencies arising from EU exit in the market surveillance regime provided for under domestic legislation. Our overall approach to the amendments is completely in line with the policy and legal intent of the withdrawal Act and enacts the policy that the Government set out in a technical guidance note to industry in September. The regulations serve a very specific purpose: to prioritise stability and certainty if the UK leaves the EU without a deal or an implementation period. Thereafter, they provide a stable basis for Parliament to change the law where it is in the UK’s best interests.”
“This provision is necessary to ensure that the UK’s CPR regime can respond to technical progress and to new or emerging issues. This would enable Parliament to scrutinise any new measures, and provides a similar level of oversight to that of the EU’s regime. Transferring this function is in line with the Government’s approach, across multiple policy areas, to transferring functions currently within the remit of EU authorities to the relevant UK bodies. Transferring this power to the Secretary of State would be the most effective way of ensuring that the regime remains fit for purpose after the UK’s exit from the EU, while allowing for an appropriate level of parliamentary scrutiny.”
“This approach would ensure that goods continue to flow into the UK market and would help to minimise disruption for businesses and consumers, which is vital to support the UK’s housing and infrastructure ambitions. Fourthly, there would be an optional route available to enable products that are not fully covered by a UK-designated standard to be UK-marked. This would work in a very similar way to how the CPR currently works on an EU-wide basis. Fifthly, and finally, this instrument would give the Secretary of State regulation-making powers to enable the UK to make technical updates to the CPR framework. This would replicate the role of the European Commission under the CPR to make “delegated and implementing acts”.”
“This would mean that products meeting requirements under the European CPR could continue to be placed on the UK market without any need for retesting or additional marking. This would apply in all cases where the relevant UK and EU product standards remain the same, provided that any third-party conformity assessment has been carried out by an EU-recognised conformity assessment body. As I have mentioned, all EU and UK standards will be the same immediately after we leave the EU. These arrangements are intended for a time-limited period, and we would ensure that businesses are given sufficient notice in advance of this period coming to an end.”
“Secondly, where a third-party conformity assessment is required for UK standards, it would be undertaken only by approved bodies established in the UK. These regulations grant approved body status to current CPR conformity assessment bodies based in the UK. Where an approved body undertakes the third-party conformity assessment that would be required under the relevant UK standard, the manufacturer must affix the new UK mark, which would be established under a separate instrument laid by the Department for Business, Energy and Industrial Strategy. Details of the mark and guidance for industry were published at the weekend. Thirdly, alongside the domestic arrangements that I have outlined, we are putting in place a continuity approach for products that comply with the European regime.”
“No. Back to the point: the general policy is to keep the same requirements but convert them into a UK regime. These regulations do not change the key requirements currently in place. This instrument would ensure that the same standards applied immediately after exit day as applied before the UK left the EU. The effect of these regulations can be considered in five parts. First, they would preserve current European harmonised standards as UK designated standards. This would mean that, immediately following exit day, the UK’s product standards under the CPR would be identical to those under the EU’s regime, so there would be no change to the standards that businesses must meet. Thereafter, new UK standards would be designated by the Secretary of State, informed by expert advice from the national standardisation body.”
“We are very keen to buy them in to a change of culture, both within the industry and regarding a new system of regulation around building safety and in particular around products. Frankly, that will be quite a large amount of work for the Department and the industry over the next few years, so it is vital that we stick together. As for the EU accepting the UK mark, I do not believe that that matter has yet been concluded. It is obviously a matter for the EU; people would have to ask the EU about that. One would hope that, given that things will be identical—certainly initially—the EU would accept the UK mark, but that is obviously subject to the final agreement.”
“The hon. Member for City of Durham asked a series of questions. I hope to answer them all; if I fail to, I am happy to write to her with some detail. Although they are intended to be time limited, the hon. Lady is right that the regulations do not denote a time. That would be a matter for the Secretary of State, but fundamentally we will consult industry, as we have done in drafting the regulations, before we make any further changes. On the hon. Lady’s question about harmonisation, as standards are introduced at EU level, our intention is, again, to consult business. As she will know, we are effectively going through a reform of the building regulations, and in particular the construction product process post Grenfell, and that process is necessarily very consultative with industry as we go.”