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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“As my right hon. Friend will know, home ownership is extremely important to the Government, as it is to him. Affordability is an issue in areas such as his, on the fringe of the capital. We have kept right-to-buy discount under review, and it was reinvigorated back in 2012, to address the issue that he raises. I urge him to speak to his local council, to explore other ways within the affordable housing envelope to address that issue. If he had been at questions last time, he would have heard a very good question from my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) about discounted market sales, which may well be a route to ownership for many people.”
“It would give me enormous pleasure to meet the hon. Gentleman to discuss that matter. As he will know, we have been looking at that in some detail, and the Under-Secretary of State for Housing, Communities and Local Government, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak), tells me that we are consulting on tightening up some of the loopholes, particularly around business rates and council tax. I recognise that in some parts of the country—not least my own—second homes can be an issue, and I would be happy to meet the hon. Gentleman to discuss that.”
“I am always happy to meet anybody who will help us to build more of the homes that Britain needs, and if someone from the SNP can spare some time from stoking grievance to meet constructively, I would be more than happy to do so. As I said, we are making an enormous effort to raise the output of the house building industry of all types of home, both public and private, in this country. We have managed to get up to 222,000 new homes, which is the largest expansion in house building for many decades—it is the highest level of output in all but one of the last 31 years. We are making good progress towards our target of 300,000 new homes a year of all types, including affordable, private and social.”
“The midlands pilot was launched on 16 August, with over 9,000 house- holds registering for the ballot. Successful tenants are now applying to their housing association to buy their home. Our £200 million investment in the pilot will help thousands of housing association tenants to realise the dream of home ownership.”
“The whole purpose of a pilot is to answer the questions that the hon. Gentleman quite rightly raises. As for whether this is the best use of resources, I think that 9,146 housing association tenants in the area might agree it is, given that they applied for the funding. He is quite right that 6,000 were successful in the ballot, and we expect a smaller number than that to proceed to take advantage of buying their own home. Following the completion of the pilot, we will assess and answer those questions about where we go next.”
“My hon. Friend is quite right to raise the disappointment of his constituent. I am sorry that there were winners and losers in the ballot, but it was laid out early on in the pilot that the £200 million was capable of funding only a certain number of sales. We reckon that will be less than 6,000; we over-programmed it because not everybody will be able to proceed. Once the pilot is completed, and we can assess the results and the demand, we will be able to take a view on where we go next.”
“As the hon. Gentleman will understand, the pilot is a voluntary pilot. We agreed with the National Housing Federation that the midlands was a good place to do it to assess, from both the housing association sector and the Government side, how we can best effect and fulfil the aspiration of the majority of housing association tenants who want to own—from a financial point of view but also from an effectiveness point of view. We want the pilot to bed in, to see how it performs over the next couple of years and then to reach some conclusions after that.”
“I congratulate my hon. Friend and his local authority colleagues on their ambition in welcoming this new garden community to their area. I can confirm that all such communities should be well planned, and include appropriate infrastructure, both hard and soft, so that they are of benefit to the local area, rather than a subtraction.”
“He must recognise that the planning system does take into account the strong and important role that local communities play, with local decisions at the heart of the system. T. S. Eliot once wrote: “Only those who will risk going too far can possibly find out how far one can go.” I know that is an aphorism by which my hon. Friend will conduct himself in this matter, as he does in all others. Question put and agreed to.”
“Decisions on planning permission can be challenged by third parties in the courts only on a point of law, by judicial review, such as whether the correct procedures have been followed. Although there is only a right of appeal for those applying for planning permission, the planning system, as I have outlined, is centred on community involvement at every stage—plan making, neighbourhood planning and decision making. I once again thank my hon. Friend for securing this valuable debate. I hope that my comments have demonstrated that planning should be done with people, not to them. I would be more than happy to meet him to discuss the issues he has raised. I note that he is going to make a submission for a call-in. We look forward to receiving his letter and will consider it with due process, as we are bound to do.”
“The written record and any background papers must also be made available to members of the public and retained for six years. My hon. Friend mentioned third-party rights of appeal. Interested parties already have statutory rights to contribute their views in the planning process—in the production of the local plan or neighbourhood plan, at the planning application stage, and in response to most appeals by the applicant against a local authority decision. The existing right of appeal recognises that, in practice, the planning system acts as a control on how an individual may use their land. As a result, the Government believe that it is right that an applicant has the option of an impartial appeal against the refusal of planning permission. This existing right of appeal compensates for the removal of the individual’s right to develop.”
“Officers have to abide by their local authority’s code of conduct, requiring them to act in accordance with the seven Nolan principles of standards in public life. They are accountable to the public for their decisions and actions, and they must submit themselves to the scrutiny necessary to ensure that. The law states that meetings of the council, including committee meetings, must be open to the public unless the matter under discussion would involve the disclosure of confidential information. Copies of the agenda and reports for council and committee meetings must be available for public inspection for at least five clear days before the date of the meeting. Where decisions are made by officers, councils are required to provide a written record as soon as is reasonably practicable, and it must contain the reasons for the decision.”
“Where people feel that they lack the knowledge or expertise to make effective representations, which is often the case, they can express themselves through their local councillors. They may also be able to access the services of Planning Aid England, part of the Royal Town Planning Institute, which operates a planning advice service staffed by chartered planners. Happily, it is a free service. Local authorities typically operate a committee system when determining planning applications, with many decisions delegated to officers under an authority’s scheme of delegation. The operation of committees, including which applications are considered by members, are administrative matters for the local authority.”
“Local people have a right to look at applications and plans. Local people can also attend council planning committee meetings to see certain decisions being made. Once submitted, planning applications are required to be determined in accordance with the local plan and any neighbourhood plans in place, unless material considerations indicate otherwise. Local planning authorities are required to undertake consultation before making their decisions and must notify neighbours about planning applications. As the decision maker, the local planning authority must consider all the representations made within the specified period and take into account any relevant issues raised. Local opposition or support is not in itself a ground for refusing or granting planning permission, unless it is founded on valid planning reasons.”
“Neighbourhood plan areas are provided protections from speculative development in instances where the local planning authority lacks a five-year supply of land, provided that all four of the following criteria are met: first, that the neighbourhood plan became part of the development plan two years or less before the date on which the decision is made; secondly, that the neighbourhood plan contains policies and allocations to meet its identified housing requirement; thirdly, that the local planning authority has at least a three-year supply of deliverable housing sites; and fourthly, that the local planning authority’s housing delivery was at least 45% of that required over the previous three years. My hon. Friend mentioned decision making. Planning decisions are taken in full view of the public.”
“Friend’s constituency, and three are now part of the development plan for South Somerset, having passed referendums. Some neighbourhood plans, however, were being undermined because the local planning authority could not demonstrate a five-year land supply, as my hon. Friend pointed out. The revised NPPF has addressed that issue.”
“It is crucial that local authorities have up-to-date local plans, produced in consultation with local people. I urge my hon. Friend and his constituents to make use of the opportunities to participate in developing South Somerset’s local plan, which is currently under review. I applaud the ambition for housing and new settlements in his patch, and I would be more than happy to discuss them with him. Neighbourhood plans play a key part in communities having a voice in local planning. Over 2,400 communities have begun the process of developing a neighbourhood plan, to shape the future development of their areas. Some 13 million people across England live in a neighbourhood planning area. Seven of those areas are within my hon.”
“At the same time, it includes policies for leaving our environment in a better condition than when we inherited it, speeding up build-out and providing local areas with more flexibility to make effective use of land. The revised NPPF retains an emphasis on development that is sustainable and plan-led, with local decisions still at the heart of the system. Local plans are the key vehicle for how this national policy translates locally. I note my hon. Friend’s involvement in his local plan. Local plans must be prepared in consultation with communities and play a key role in delivering the development and infrastructure we need in the right places. They provide clarity to communities and developers about where homes should be built and where not, so that development is planned rather than the result of speculative applications.”
“However, I can talk about the issues raised more broadly. My hon. Friend quite rightly raises the ability of the community to influence the planning system, and we are very keen that our planning system should be one that puts local communities front and centre. Planning must be done with local people, not to them. If we are to ensure that more homes are built in the right places at prices our constituents can afford, we need to make sure that we make the best possible use of the land that is already in the system. The revised national planning policy framework is fundamental to delivering the homes we need in places where people want to live. It sets out a comprehensive approach to ensuring that we get the right homes built of the right quality in the right places.”
“It is a great pleasure to respond to this debate, not least because the A303 is a golden thread that runs from my constituency to that of my hon. Friend the Member for Yeovil (Mr Fysh). I know that we both treasure it as a road that features large in our postbag. Somebody once said that if we want to keep something secret, we should make a speech about it in the House of Commons. Given the contents of my hon. Friend’s speech, I doubt very much it will remain a secret for long, at least in his constituency. I should first point out to my hon. Friend, as many hon. Members will know, that the Secretary of State has a quasi-judicial role in the planning system. I am sure that people will therefore understand that it would not be appropriate for me to comment on the detail of individual cases.”
“As Members will know, the General Data Protection Regulation, also known as GDPR, imposes new rules on controlling and processing personally identifiable information. In addition, the regulator of social housing is clear that registered providers of social housing should accept complaints made by advocates, including Members of Parliament authorised to act on behalf of a social housing resident. I am not aware of the specific circumstances that the hon. Member for Coventry South mentioned, but I reassure him and other Members that nothing in GDPR or in the Data Protection Act 2018 prevents us from acting on behalf of our constituents in discussions with a registered provider of social housing.”
“We have proposed a limited number of key performance indicators to achieve that, including a potential indicator on the effective handling of complaints. Following publication of the Green Paper, we continued our face-to-face engagement with landlords and residents across the country. We wanted to give them an opportunity to input into and influence the consultation outcome. I assure hon. Members that they had some strong views about the handling of complaints, both positive and negative, which I heard myself, having visited six such events across the country. We are currently analysing the findings of those events alongside the other consultation responses, and we aim to publish our response in the spring.”
“We engaged extensively with residents to inform and shape the Green Paper. We heard that residents want redress quickly when things go wrong, and want processes to be clearer and simpler. We want to ensure that residents receive the help that they need to put things right when they have a housing problem. The Green Paper asked a range of questions on how we could deliver that, including questions about the future of the democratic filter, which can delay the complaints process. Alongside those questions, the Green Paper set out proposals better to hold landlords to account. We consider that stronger action is required against landlords who consistently fail their residents. Part of the solution is to enable residents to understand and compare the performance of landlords.”
“Member acting on a constituent’s behalf is unhappy with the response provided by a registered provider of social housing, once the landlord’s complaints process has been exhausted, that hon. Member may take the matter further. Social housing residents can approach the housing ombudsman service at any time to seek advice. However, currently they must pass the democratic filter, either referring a complaint to a designated person—a local councillor, Member of Parliament or tenant panel—or waiting eight weeks after their landlord’s investigation has concluded before a complaint can be formally investigated by the housing ombudsman. The Government’s social housing Green Paper consultation, “A new deal for social housing”, which closed on 6 November, sought views on how to improve the system for seeking redress for social housing residents.”
“The regulator of social housing expects all registered providers of social housing to have in place a complaints process that is clear, simple and accessible. Landlords are also expected to publish their performance against those standards through an annual report. The regulator does not proactively enforce standards on complaint handling. The onus is on individual landlords, working with residents, to set their approach and timescales for handling residents’ complaints. However, the regulator considers every referral made to it, signposting those not within its remit to other organisations, including the housing ombudsman service. I stress that if any hon.”
“It is a pleasure to appear once again before your wise and well-tempered supervision, Mr Hollobone. I congratulate the hon. Member for Coventry South (Mr Cunningham) on securing this important debate on a number of housing issues, which I will seek to address. First, I thank the hon. Gentleman and other Members for assisting their constituents with numerous housing issues. I know from my own experience that housing can form a large part of an MP’s postbag, and I am grateful for the liaison with landlords and the resolution that is brought about by the actions of Members when something has gone wrong and when a service has not been as expected. Let me start with complaints. A good complaints process must start with landlords.”
“Secondly, landlords must provide a cost-effective service to homes and communal areas that responds to the needs of, and offers choice to tenants, and aims to complete repairs and improvements first time. Once again, I thank the hon. Gentleman for securing this valuable debate. I hope that he and other Members will continue to support all residents, including those living in social housing, in dealing with housing complaints. We are committed to ensuring that social housing residents can seek timely and effective solutions when they have a housing problem. I also hope that in future all landlords ensure that issues such as those raised today do not hinder or delay their residents’ seeking effective and efficient redress. Question put and agreed to.”
“Where work is found not to comply, the building control body will require it to be put right before giving a compliance certificate. We are sending a clear message that if something goes wrong with a newly built home, house builders and warranty providers, including the National House Building Council, should fulfil their obligations to put things right. In addition, on 1 October, the Government announced a new homes ombudsman to champion the rights of homebuyers and to hold developers to account. Once a building is occupied, social housing landlords are required to comply with the regulator’s home standard, which sets two clear outcomes. First, homes must be of good quality through meeting the decent homes standard.”
“Finally, I will talk about checks on the quality of building and design—an important issue, given the scale of house building that we are experiencing, and hopefully will in increased numbers in the years to come. As a Department, we are focusing on the quality of build and design as a critical issue for the future expansion of house building. I hope that the hon. Member for Coventry South accepts, though, that when it comes to a new building, the person carrying out the building work is responsible for complying with the requirements of the building regulations. That person remains legally liable for non-compliance. All new buildings are subject to building control supervision, either by the local authority or an approved inspector. Both are required by law to take all reasonable steps to check on the compliance of building work.”
“Of course, if the constituent or their MP considers that the processing of the concerned resident’s data goes beyond what the resident might have expected, they should be consulted first. Let me make it crystal clear to all landlords that they should co-operate and engage constructively with Members of Parliament when they act as advocates, within the constraints of data protection. I am pleased that the Information Commissioner has issued the following guidance: “Consent can be implied from a relevant action, in this case the raising of the matter by a constituent with the Member in the expectation that his or her personal data will be further processed by the Member and relevant third party organisations.” I can circulate the commissioner’s guidance after the debate.”
“That is a good suggestion. I have to stress that the hon. Gentleman, and other hon. Members who wish to act on their constituents’ behalf, must be instructed by the constituent before they can do so. That is no different from the arrangements that existed before the GDPR was introduced. In requesting assistance from their Member of Parliament, any resident is effectively giving consent for that MP to process their personal data. A housing association should normally accept a Member of Parliament’s word. However, I appreciate that a housing association or local authority landlord might, if the case is particularly sensitive or other individuals are involved, double-check with the tenant. I stress that that should not be used as a delaying or obstructive mechanism; it is merely an extra protection for the tenant in specific circumstances.”
“All tenants deserve a safe and decent place to live. In respect of the private rented sector, Lord Best is chairing a new working group on property agent regulation, and we have extended mandatory licensing. The social housing Green Paper contains proposals to drive up the performance of social landlords in delivering a good service.”
“With his usual accuracy, my hon. Friend identifies an issue critical to getting this matter right. As he knows, the working group will be looking at the entire property agent sector to ensure that any new regulatory framework is joined up across letting, property management and estate agents. One of the key issues in making that new regulatory framework land will be the transition from the old to new, and I will be more than happy—indeed it would be foolish of me not to agree—to meet a former Housing Minister of such standing.”
“As the hon. Lady knows, the database was introduced earlier this year and it will take time to populate in order for landlords to appear on it. There will obviously have to be investigations, prosecutions, and penalties levied so that they can properly be entered on to the database. She will know that the introduction of banning orders and a rogue landlord database will have an enormous impact in future. We just have to make sure that we get the right names on it.”
“As part of a family who regard their pet cat as an intrinsic and important member of our household— [Interruption.] Well, hon. Members may well be amused by that, but it is true what my hon. Friend says: a number of people, particularly those who live alone or those who have children, rely on their pets for comfort and calm and for companionship. I would hope that all local authorities operated a humane and compassionate letting policy where this is concerned, and I would be more than happy to look at the rules around that.”
“I am afraid that I will have to write to the hon. Lady with that answer as I do not have it to hand at the moment, but she is quite right that we have been reviewing standards generally in the private rented sector and considering what more we can do to make sure that private rented homes are as safe as they can possibly be.”
“We certainly want to make sure that the phenomenon of revenge evictions is stamped out and that there is an equality of power between tenants and landlords in both the social and the private rented sectors.”
“Since 2010, we have delivered over 378,000 new affordable homes, including 129,000 for social rent. We are investing over £9 billion in the affordable homes programme to deliver more than 250,000 new affordable homes, including at least 12,500 for social rent.”
“We were offered large amounts of money to get rid of our housing stock. That has to end. We want councils to start building to address exactly the needs he raises.”
“As the hon. Gentleman will know, we are throwing literally everything we have got at the housing market at the moment in the hope that we can build the homes that everybody in the country needs. In particular, in the social sector, we have increased the size of the affordable homes programme. We have reintroduced the idea of social rent; removed the housing revenue account borrowing cap for local authorities; and are setting long-term rent deals for councils and housing associations, enabling them to plan. We have also committed funding beyond 2022 for housing deals and partnerships with housing associations, which we think will deliver significant numbers of houses. It must be remembered that the Labour Government the hon. Gentleman supported induced local authorities to get out of house building. I was a councillor at the time.”
“My hon. Friend is right. Quite a number of local authorities, having been induced, as I say, to get out of the house building industry and home-owning function, do not have housing revenue accounts. At the moment, if they construct, build or own more than about 200 council homes they have to open a housing revenue account. We hope that the new freedom we have introduced will enable councils to create innovative partnerships with other social housing providers to build the next generation of council houses.”
“I am engaged in an intensive amount of activity on the subject of public land with my ministerial colleagues and those elsewhere. Hon. Members will have seen that we have recently changed the rules so that local authorities can dispose of their own public land at less than market value if they deem there is a social need to do so. Whether or not we can give them first refusal on acquiring that land will depend on their ability to deliver the homes that people need. I am very focused on numbers of homes rather than principles of disposal.”
“My hon. Friend is one of the most innovative thinkers in housing policy generally, certainly on the Conservative Benches—not that there is much innovation on the Labour Benches, but there we are. He points to an area where there is strong demand. Very large numbers of people who would otherwise be tenants have a strong desire to own, and we would love to see them owning on a discounted basis. Hon. Members will have seen in the Budget the announcement of funding for neighbourhood plans to enable an allocation of discounted homes for sale, particularly in rural areas, and I would be keen to explore the idea further with my hon. Friend.”
“One issue that we are considering as part of our work on the social housing Green Paper is whether the tenant voice is heard strongly enough at the highest levels of housing associations. We must remember that some of these organisations are extremely large. The largest ones are huge and complex, looking after many hundreds of thousands of people, and the individuals who run them shoulder enormous responsibility and, indeed, risk. It is for those boards, suitably informed by the tenant body, to make decisions about remuneration.”
“In the interests of providing a good service, Mr Speaker, I hope you will indulge me if I refer to my answer to the hon. Lady from north of the border, the hon. Member for Glasgow Central (Alison Thewliss). I just want to say that there is no fixed date at the moment for bringing in the affirmative statutory instrument that will make it mandatory to have five-year electrical checks in the private rented centre, but we are searching for a slot as soon as possible in a crowded and exciting legislative timetable. In answer to Question 14, the Government are working together to help more people on to the housing ladder. Help to Buy equity loans have helped over 169,000 house- holds to March 2018, 81% were to first-time buyers and 121,500 people have benefited from first-time buyers relief from stamp duty since June 2018.”
“My hon. Friend is a political toxophilite of the highest order and has fired his arrows into a subject that is the cause of constant discussion between us and the Treasury. He knows that we all acknowledge the effect that stamp duty can have on the market; that is why he may have seen changes in the Budget to stamp duty on shared ownership, which we hope will benefit first-time buyers. However, I will keep him apprised of conversations as we have them.”
“At this stage, there is no indication from the early returns on Help to Buy that the situation that the right hon. Gentleman raises is occurring. Indeed, early numbers show a higher level of successful redemption than we expected and we hope that that will continue.”
“My hon. Friend is a doughty champion for his constituents, including those who are tenants. He is right. We have had an enthusiastic response to the midlands right-to-buy pilot, with over 9,000 people applying for a code in the ballot. Over 6,000 of them have been given a code, and we hope that a significant number will come forward to seek the ownership they desire, funded by the £200 million being put towards the pilot.”
“I have done better than that—I have met them. I did so just two weeks ago to discuss their fascinating ideas, not least on how we can make the principle of neighbourhood planning work in urban areas, an issue that I know is of great importance to my hon. Friend.”
“My hon. Friend may know that we have already issued a technical consultation on the latest household projection numbers and the impact on projected housing need in local authority areas. We really do not want local authorities to take their foot of the accelerator, however, not least because we believe that there is pent-up demand for housing in this country. We are working with authorities across the country to get the formula right in the longer term, while we seek a short-term fix to keep numbers up, but I would be more than happy to meet him and his colleagues to discuss the Manchester spatial framework further.”