– in the Senedd at 6:14 pm on 19 March 2019.
The next group of amendments relates to enforcement authorities and information sharing, and the lead amendment in this group is amendment 45. I call on David Melding to move and speak to the lead amendment and others in this group—David.
Thank you, Deputy Presiding Officer. The lead amendment in this group, amendment 45, places a duty on local authorities to notify Rent Smart Wales when a fixed penalty is paid. During the Committee Stage of this Bill we agreed with Rent Smart Wales that the process needs to be tightened to ensure that, when a fixed-penalty notice is paid, Rent Smart Wales is informed. This will help with their intelligence gathering and make the system much more robust. During Stage 2, 'The Minister said'—and I'm quoting—
'"Well, actually, that duty already exists because the local authority has to pass on information to Rent Smart Wales and can't withhold it"'.
But this seems to me to be very passive, and we should put this principle on the face of the Bill. I wasn't reassured by other comments that the Minister made.
Again, in the Minister's account of why she thought the policy was currently robust enough, she talked about Rent Smart Wales requesting the local authority for this information, and again, that's not a duty. They have to make the request. How do they know that a fixed-penalty notice has been issued and paid? They'd need to be clairvoyant, presumably, to request that information, and it really is a very important notice. And what does it amount to? The local authority has to send an e-mail to Rent Smart Wales saying that a fixed-penalty notice was issued and then paid, and that then obviously can be part of the record that is held on that landlord or letting agent. I do believe that repeated offences, even if they're seen as de minimis, if they're repeated, repeated, repeated, themselves constitute a serious breach. So I think the intelligence gathering is really, really important to the robustness of this system, and frankly I am mystified why the government hasn't accept this amendment. But I have, Deputy Presiding Officer, in my role here, had to learn to live with many disappointments. [Laughter.]
I call on the Minister.
Thank you, Deputy Presiding Officer. Section 14 of the Bill requires a local housing authority to notify the licensing authority, or each licensing authority if there is more than one, of any conviction of an offence under the Act in respect of a dwelling in its area. This ensures an appropriate link between the Bill and the exercise of enforcement functions in relation to landlord and tenant registration and licensing. My amendment 17 introduces a new subsection, subsection (3) to section 14. The effect is that a local housing authority will not have to give a licensing authority notification of a conviction if the proceedings were brought by the licensing authority. This amendment reads across the amendments in group 9, which provide for the licensing authority to be an enforcement authority under the Bill. If we do not make amendment 17, the Bill would require a local housing authority to undertake action that is entirely unnecessary. I trust Members will support the amendment.
Amendment 45, submitted by David Melding, seeks to require a local housing authority to notify the licensing authority once a fixed-penalty notice has been paid. At Stage 2, we rejected a very similar amendment because section 36 of the Housing (Wales) Act 2014 already places a duty on local housing authorities to pass on any information to the licensing authority necessary for the purposes of exercising its functions under Part 1 of the Act. This will apply to any information that has been obtained by a local housing authority in the exercise of its functions as the local housing authority.
This amendment, as well as not being required, also puts a weighting of importance onto whether or not a fixed-penalty notice has been paid. However, it is the fact that a fixed-penalty notice has been issued that is of most interest to an enforcement authority. This along with prosecutions are the matters that are most relevant to Rent Smart Wales in their consideration of whether someone is a fit and proper person to hold a licence.
My amendment 21 provides for the necessary permission for a licensing authority and local housing authority to share information as part of their enforcement work. As mentioned, section 36 of the Housing (Wales) Act 2014 already allows for information to be requested by a licensing authority from a local housing authority to help them exercise their functions under Part 1 of that Act. This amendment provides a comparable power in connection to enabling enforcement authorities to exercise their functions under the Bill. It will improve the effectiveness of collaboration between enforcement authorities, and I hope that Members will support this change. I therefore urge Members to support amendments 17 and 21 and reject amendment 45, which is just not needed, although I am sorry to disappoint David Melding in this regard.
David to reply to the debate? No. Okay. The question is that amendment 45 be agreed to. Does any Member object? [Objection.] Therefore we proceed to an electronic vote. Open the vote. Close the vote. For the amendment 20, no abstentions, 28 against, therefore amendment 45 is not agreed.
Minister, amendment 16.
Formally.
The question is amendment 16 be agreed to. Does any Member object? No, therefore amendment 16 is agreed.
Minister, amendment 17.
Formally.
The question is that amendment 17 be agreed. Any Member object? [Objection.] Object, therefore we proceed to an electronic vote on amendment 17. Open the vote. Close the vote. For the motion 39, no abstentions, 9 against. Therefore, amendment 17 is agreed.
Minister, amendment 18.
Formally.
The question is that amendment 18 be agreed to. Does any Member object? Therefore, amendment 18 is agreed.
Minister, amendment 19.
Formally.
The question is that amendment 19 be agreed to. Does any Member object? Amendment 19 is agreed.
Minister, amendment 20.
Formally.
The question is that amendment 20 be agreed to. Does any Member object? Amendment 20 is agreed.
Minister, amendment 21.
Formally.
The question is that amendment 21 be agreed to. Does any Member object? No, therefore, amendment 21 is agreed.