Group 3. Information for tenants and prospective tenants: requirements on Welsh Ministers (Amendments 7, 8)

– in the Senedd at 5:33 pm on 28 November 2017.

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Photo of Elin Jones Elin Jones Plaid Cymru 5:33, 28 November 2017

(Translated)

The next group of amendments, therefore is the group 3, which relates to requirements on Welsh Ministers in relation to information for tenants and prospective tenants. Amendment 7 is the lead amendment, and I call on David Melding to move and speak to the lead amendment and the other amendments in the group. David Melding.

(Translated)

Amendment 7 (David Melding) moved.

Photo of David Melding David Melding Conservative 5:33, 28 November 2017

Diolch yn fawr, Llywydd. Amendment 7's purpose—and I'd like to move amendment 7—is to incorporate the recommendations made in the report of the Constitutional and Legislative Affairs Committee, namely that section 8 of the Bill makes provision for information to be provided to landlords and tenants about the effects of this Bill. This amendment imposes an absolute duty on the Welsh Ministers to notify all qualifying landlords in Wales. As currently drafted, the duty to do so is only a qualified one. Amendment 8 is a consequential amendment of amendment 7, which ensures that the substantive amendment is effective.

Llywydd, the purpose of this lead amendment is simple, and, I hope, less controversial—although perhaps that's a vain hope, we will have to see. I do believe that if there was one aspect throughout Stage 1 that got universal agreement with the committee, it was that information for tenants and prospective tenants needed to be in-depth and widely circulated. This was also the view of the Constitutional and Legislative Affairs Committee, as shown in its recommendation, which I'm putting forward in this grouping. It's also the reason that I'll be supporting Bethan Jenkins's amendments in the next group.

I think it's crucially important that all tenants are made aware of the options that are available to them, along with the significant dates in the policy and the financial considerations that they need to be aware of, should they wish to purchase their property. I note in the Cabinet Secretary's evidence to the CLAC committee that he was unwilling to commit an absolute duty because there may be some landlords who are England based, and therefore operating with one or two tenancies in Wales that we're not aware of. This was an argument that indeed was reiterated at Stage 2 of the Bill.

But this argument is simply not convincing. This amendment proposes that an absolute duty is placed on the Welsh Government to inform all qualified landlords in Wales. The duty on Welsh Ministers for landlords outside Wales remains qualified, meaning that the Welsh Government must take all reasonable action to inform them. This means that if a couple of landlords outside Wales could not be found despite all reasonable measures, the Welsh Government cannot be deemed to have failed in its duty to inform under this amendment. 

The lack of a duty in this respect reduces any pressure on the Government to make it their absolute priority to ensure that all tenants in Wales are informed of the abolition and informed of the details within it. There's clearly an aim to water down any statutory duty with regard to their own responsibilities with regard to informing all of those tenants in Wales who will be affected by this Bill. This is a point that's been picked up by CLAC and it's something we echo on this side of the Chamber, and I do hope that Members will support this amendment. Thank you. 

Photo of Elin Jones Elin Jones Plaid Cymru 5:37, 28 November 2017

(Translated)

I call on the Minister for Housing and Regeneration, Rebecca Evans. 

Photo of Rebecca Evans Rebecca Evans Labour

Thank you, Llywydd. This group of amendments relates to section 8, concerning the Welsh Ministers' duties to provide information to landlords. Of course I share David Melding’s wish to ensure that all relevant parties are aware of abolition, and I commit to make every effort to ensure all landlords are aware of their duty in this respect.

Indeed, Government amendments at Stage 2 revised the Bill following the Equalities, Local Government and Communities Committee recommendation to place a duty on the Welsh Ministers to provide bodies representing tenants with a copy of the relevant information, and to prescribe the minimum information qualifying landlords must provide to tenants regarding abolition. So, the Bill was strengthened at Stage 2. 

Amendment 7 seeks to place an absolute duty on Welsh Ministers to send the information to landlords in Wales, and amendment 8 places a qualified duty for the Welsh Ministers to send the information to landlords outside Wales. However, I would ask Members to reject these amendments. We consider there is no need for an absolute duty on the Welsh Ministers to provide the information to social landlords in Wales. This is because we are fully aware of all the qualifying landlords based in Wales and will be contacting them accordingly.

In addition, we do not consider that the Bill should be amended so that the existing qualified duty to inform landlords only applies to landlords based outside Wales. The current drafting recognises that the Welsh Government is reliant on a third party, namely the Homes and Communities Agency, to provide us with details of social landlords based outside Wales who own homes for rent in Wales. 

I therefore ask Members to reject these amendments. 

Photo of Elin Jones Elin Jones Plaid Cymru 5:38, 28 November 2017

(Translated)

David Melding to reply. 

Photo of David Melding David Melding Conservative

Llywydd, you will have probably seen by now that I'm fairly resigned to my fate. But I have to say it is a new one that we don't need an absolute duty because we already know who they are. Well, you know, that's going to be rigorous over the years, isn't it, if you have a similar approach in other areas? I really think it's important that you have an absolute duty, because even if you are aware and you are right that you know all the landlords at the moment, I think it should be absolutely clearly stated so that tenants' rights are fully protected that this is a duty. There's no good reason not to do it, and that's why CLAC have urged you to do it. You should, even at this late hour, concede the point. 

Photo of Elin Jones Elin Jones Plaid Cymru 5:39, 28 November 2017

(Translated)

If amendment 7 is not agreed to, amendment 8 falls. The question is that amendment 7 be agreed to. Does any Member object? [Objection.] We’ll proceed to an electronic vote. Open the vote. Close the vote. In favour 15, no abstentions, 35 against. Therefore, amendment 7 is not agreed.

(Translated)

Amendment 7: For: 15, Against: 35, Abstain: 0

Amendment has been rejected

Division number 567 Amendment 7

Aye: 15 MSs

No: 35 MSs

Aye: A-Z by last name

No: A-Z by last name

(Translated)

Amendment 8 fell.