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

Part of the debate – in the Senedd at 5:09 pm on 19 March 2019.

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Photo of Julie James Julie James Labour 5:09, 19 March 2019

Thank you, Deputy Presiding Officer. Amendments 55 and 57, brought by Leanne Wood, would place a duty on the criminal court, upon conviction of an offence under sections 2 and 3 of the Bill, requiring a prohibited payment, to order a landlord or agent to pay back the prohibited payment, or where there had been partial repayment, the outstanding amount, as she rightly said. Our view has not changed from Stage 2—that repayment of a prohibited payment should be a matter for the court to decide. She is right in saying that the amendment would fetter the independence and the discretion of the court, and she's also right to say that, sometimes, courts do have their independence and discretion fettered. But, in this instance, I don't think that that's an appropriate place to be, and I do object to the amendments on that basis.

I'm confident that the court, upon conviction of an offence, will be able to weigh up the relevant factors when deciding whether or not to make the order under sections 2 and 3 of the Bill, and I cannot support the amendments, which do affect the independence of the court and its ability exercise its discretion in this matter. I continue to believe that this is a matter for the court to determine.