Group 2: Scrutiny by the National Assembly for Wales (Amendments 5, 13, 19, 2)

Part of the debate – in the Senedd at 5:06 pm on 24 April 2018.

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Photo of Rebecca Evans Rebecca Evans Labour 5:06, 24 April 2018

Thank you. So, as we've already heard, the External Affairs and Additional Legislation Committee, in its consideration of the Bill, recommended that the National Assembly conducts post-legislative scrutiny of the Bill should it become an Act to ensure, in particular, that tenants' rights are safeguarded and that RSLs are not disposing of land and assets in a way unanticipated by the Welsh Government.

As I said in my response to the committee and during Stage 2 proceedings, the Welsh Government welcomes any scrutiny by the Assembly, and will, of course, assist where possible. A core function of this Assembly is, of course, scrutiny—scrutiny of the Government’s actions, scrutiny of Bills, and scrutiny of the implementation of those Bills once they become an Act, and there's absolutely nothing in this Bill that changes that. We clearly welcome scrutiny. And there's nothing to stop that committee that David Melding referred to being convened and doing a short piece of work, deciding all is well, or a longer piece of work to look at things in more detail. Again, nothing in this Bill prevents that.

So, scrutiny of the Bill can already be undertaken at the Assembly’s discretion, without forcing the Assembly to consider it within defined timescales. Amendment 19 provides that the review must take place within two to four years after Royal Assent, and, as we've heard, that will potentially bind a future Assembly, although I recognise there are different views as to whether or not that is something that we would want to see.  

If these amendments were to be passed, I am concerned about the precedent this may set, and the consequences it may have for a future Assembly’s ability to decide on its priorities, especially if these types of requirement for post-legislative scrutiny start to appear in more Acts as time goes on. 

In respect of the concerns raised about this Bill and disposals by RSLs, the purpose of regulation is to protect tenants and investment in social housing and, again, I assure you that robust regulatory oversight of these areas will continue. Any RSL that is not upholding tenants’ rights or is disposing of land and assets in ways that do not meet the required standards will be investigated and any failings addressed. 

To make it clear, although I consider that there are sufficient safeguards in place, as I’ve already stated, I welcome scrutiny by the Assembly about the implementation and impacts of this Bill. I do not, however, consider it necessary to restrict the ability of the Assembly to decide its priorities in future, and, therefore, I would recommend that these amendments are not supported.

In respect of amendments 5 and 13, relating to laying directions, I've considered this matter very carefully and I remain content that, given the nature and the content of the directions, the Bill as it stands is appropriate. The scope of the directions to be given under sections 5 or 14 of the Bill is very limited. The directions will deal with the delivery, form and content of a notification to be given to the Welsh Ministers, and the time frames for doing so. The directions are therefore administrative in nature and will not contain substantive provisions.

For example, it's intended that the directions will set out the template to be used when an RSL sends in a notification, so that all required information is received in a consistent format. I also expect the directions to specify the e-mail and correspondence address that should be used to send in the notification, as well as the time frame in which the notification will be received. I've already committed to publishing the directions on the Welsh Government website, where they will be accessible to everyone. I'm also very happy to keep Members updated as directions are made and the Bill is implemented.

I appreciate that directions will be a requirement imposed under an enactment and therefore there is the potential that wider intervention powers may be available if the directions are not complied with. However, this does not detract from the fact that the directions are administrative in nature, and it's important to remember that the Welsh Ministers are bound by public law in the exercise of their functions and any actions taken as a result of non-compliance will be proportionate to the failings.

There are already a number of other direction-making powers in the Housing Act 1996, and across a wide variety of other legislation, that do not have any procedure attached to them, for example the ability to make directions about service charges made by social landlords.   

I recommend that these amendments are not supported. However, as I have stated, I am happy to commit to keeping you informed when directions are made.