My Lords, I apologise that I was unable to take part in the Second Reading of the Bill.
Amendment 177 proposes the preparation of a code of practice for consultation by local authorities and public bodies on contentious matters to ensure that they are impartial and not manipulative—which follows on well from the words of the noble Baroness, Lady Fox of Buckley, on the last amendment.
Conservatives used to criticise Ken Livingstone, as leader of the GLC, for conducting bogus consultations designed to justify whatever decisions he had already made. Unfortunately, there have been a number of serious examples of similar behaviour by the Royal Borough of Kensington and Chelsea affecting the area of the borough in which I live—I declare my interest. I will mention here just two. The first was a council scheme to turn Sloane Square into a crossroads, when two bogus consultations were held that purported to show widespread support for the scheme. The council was pressurised to hold a third consultation, conducted impartially by an independent third party, that showed that 72% of respondents were opposed to the scheme, which was then dropped.
The second was the Cadogan Estates scheme to have dedicated parking bays created outside its high-end designer shops in Sloane Street. This was taken up by
the council and rebranded as a scheme to “improve the public realm”. Among the manipulative consultation materials, to give but one example, was a question on whether people wanted “more trees and planting”, which was welcomed because people generally like more trees. The result of this is that Cadogan now has permission to disfigure the street with 52 ugly “planters”—work on which has now started.
The request that the consultation be conducted impartially by an independent third party—failing which, the local residents’ associations wished to review and comment on the consultation materials in draft form—was ignored. The response of the Minister in the other place in a letter of 31 August last year to Richard Drax MP was as follows:
“On consultations by local authorities and public bodies, the Government has been clear that communities must be at the heart of the planning process. The Levelling Up and Regeneration Bill, as introduced into Parliament, will reform the process for producing plans so that it is faster and easier for communities to engage with. The Bill will increase and enhance the opportunities for involvement to ensure that development is brought forward in a way that works best for local people”.
The Minister’s response does not address the problem, perhaps because the central Government and all their predecessors like to be able to hold bogus consultations just as much as local authorities and public bodies. I suggest that His Majesty’s Government be obliged to draw up a code of practice for such consultations to ensure impartiality, either by having them conducted or having the consultation materials and process pre-approved by an independent third party.
Amendment 178 seeks to amend the legislation on business improvement districts, or BIDs, so that residents have a say in their establishment, policies and management bodies. There has been widespread criticism of the undemocratic way in which BIDs are established and operate. The Government’s website says:
“There is no limit on what projects or services can be provided through a BID. The only requirement is that it should be in addition to services provided by local authorities”.
As a result, powerful local businesses can push through projects for their own commercial benefit, for which they are willing to pay. My area, the Royal Borough of Kensington and Chelsea, is happy to agree to them if they can be described as “improving the public realm”. Local residents may be affected by these projects—for example, streetscape, parking and traffic management—but cannot influence them.
We have recently had imposed on us two new BID schemes led by the Cadogan Estate—one for the Brompton Road, since renamed Knightsbridge, and one for the King’s Road—in which residents’ views were ignored from the outset and look likely to continue to be ignored. The Brompton Association was deliberately excluded from the BID proposal for the Brompton Road, in what seems to me a manipulative ploy and an ominous sign of things to come.
The BID legislation should be amended so that local residents of a particular ward within which a BID falls are consulted on proposals for their establishment, are represented on the BID proposal groups which prepare the business plan, participate in the vote on the establishment and are represented on BID management bodies. In addition, local planning
authorities should be able to veto BID proposals if there is a significant objection from local residents, not just if they conflict with a significant policy of the local planning authority.
The response of the Minister in the other place, in the same letter that I quoted on Amendment 177, was that
“the majority of BIDs set Baseline Agreements with their local authority to demonstrate the additionality it will provide over the term of the BID. The Government encourages the use of clear agreements and the fostering of strong ongoing relationships between BID bodies and their local authorities, to make sure each is aware of their obligations towards one another and to agree changes to such agreements where appropriate. The BID itself is responsible for deciding on the mix of representatives to ensure their Governance Board is an effective decision-making body with the right skills. The legislation does not preclude local authorities from being represented on the BID board, nor residents or members of the community”.
The Minister’s written response does not answer the point. The legislation does not preclude residents from being represented on the board of a BID. However, what happens at present is that BID promoters make arrangements for their own commercial advantage and exclude resident representation, as the views of residents do not always coincide, and frequently conflict, with those of the business promoters. I beg to move.