– in the Senedd at 5:54 pm on 19 March 2019.
Group 9 is enforcement authorities. The lead amendment in this group is amendment 11. I call on the Minister to move and speak to the lead amendment and other amendments in the group. Minister.
Diolch, Dirprwy Lywydd. Amendments 11, 12, 13, 14, 15, 16, 18, 19 and 20 have been made in response to recommendation 3 from the Equality, Local Government and Communities Committee. The amendments provide a licensing authority designated under Part 1 of the Housing (Wales) Act 2014—if that authority is not a local authority—with powers to enforce the Bill. The powers are equivalent to those given to a local housing authority.
The amendments replace references to a 'local housing' authority with an 'enforcement' authority and, for the purposes of Part 4, the local housing authority and licensing authority are enforcement authorities in relation to the area of a local housing authority. Amendments 11, 13, 14, 15, 18 and 19 give effect to this change, providing greater clarity in the Bill, and I trust Members will support them.
Amendment 12 is a technical amendment to clarify that an authorised officer and enforcement authority may only investigate offences in respect of a dwelling located in the enforcement authority's area. Amendment 16 ensures consistency with the new references to dwellings 'in an authority's area'. Superfluous text from section 14 is also removed by this amendment.
Rent Smart Wales enjoys an excellent working relationship with local housing authorities across Wales, with a proven record of assisting them with a range of housing enforcement matters. In recognition that there may be a need for collaboration between the licensing authority and a local housing authority, we've included provision within amendment 20 so that the licensing authority obtains the agreement of a local housing authority so that it may exercise its functions as an enforcement authority. This safeguard will ensure that all parties are aware of any enforcement of offences, avoiding any duplication or confusion. These provisions mirror enforcement arrangements in Part 1 of the Housing (Wales) Act 2014.
Can I just welcome these amendments, which will give Rent Smart Wales the power to issue fixed-penalty notices? I brought these amendments at Stage 2, and we were pleased to hear that the Government would bring in a more suitable version at Stage 3. I do believe that there's a need to give Rent Smart Wales additional powers to strengthen this legislation, as we're considering today, and reduce the opportunities for flouting the law to go unpunished.
I would not want to see a position where Rent Smart Wales discovers that an agent is charging a prohibitive fee as part of its work under Part 1 of the Housing (Wales) Act 2014, but then is required to pass the enforcement role on to a local authority. Indeed, Rent Smart Wales agreed with this approach in their evidence, and they stated that it would be beneficial for them to have powers to enforce where appropriate, not as a lead authority, but to have enforcement powers. They described how this process currently works with the arrangements that are in place to issue fixed-penalty notices to take forward prosecutions.
Generally, it is Rent Smart Wales that takes forward enforcement action, but, where a local authority is already involved with a property or landlord, that authority may take enforcement action rather than Rent Smart Wales under that particular legislation. So, that's why we feel that a similar system should operate under this Act. We will be supporting these amendments today, which will make the system more robust and allow Rent Smart Wales to take action where appropriate.
Thank you. Minister to reply? No. Thank you. The question is that amendment 11 be agreed to. Does any Member object? No. Therefore, amendment 11 is agreed.
Minister, amendment 12.
Formally.
The question is that amendment 12 be agreed to. Any Member object? No. Therefore, amendment 12 is agreed.
Minister, amendment 13.
Formally.
The question is amendment 13 be agreed to. Does any Member object? Therefore, amendment 13 is agreed.