Group 3: Repayment of prohibited payments (Amendments 55, 57)

Part of the debate – in the Senedd at 5:08 pm on 19 March 2019.

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Photo of David Melding David Melding Conservative 5:08, 19 March 2019

In regard to these two amendments, relating to the court ordering the repayment of prohibited fees, I already have an amendment further into this Bill in group 10, amendment 44, that will achieve this at the same point that a fixed-penalty notice is paid, whoever issues that fixed-penalty notice. Under the Government's amendments in group 9, the licensing authority, Rent Smart Wales, will inherit powers to issue fixed-penalty notices, and my later amendment includes both Rent Smart Wales and local authorities in its scope, which is to demand the repayment of prohibited fees at the point that a fixed-penalty notice is issued—very clear, and it delivers for the tenant who has been unjustly charged. Plaid Cymru's amendments in this group dictate that the repayment must be demanded by the court when an offender is convicted. So, I think that my amendments achieve a similar objective in perhaps a more efficient and less restrictive way, although obviously I accept that the Member has a different view, opposite. Whilst I do sympathise with the intent, I think I achieve that more effectively.