Part of the debate – in the Senedd at 6:28 pm on 19 March 2019.
I know that amendment 25 is key to the Government's central narrative and that, here in Wales, the ultimate deterrent for deviation from the law is that a landlord could lose their licence under Rent Smart Wales, and this is reflected in this amendment, specifically in relation to the failure to repay a prohibited payment. As I've said, I believe we've missed a trick in not ensuring that the prohibited payment is repaid at the point of paying a fixed-penalty notice. I want to repeat my frustration at why this, to me, makes this Bill slightly less than what it could be. However, the Government's approach, as just outlined, could be effective as a second best and as part of a wider suite of measures and policy intent, as the Minister described. We'll be supporting them today, after the failure of my earlier amendments, because at least they do achieve something of the intention I was promoting.
If I can turn to the information campaign. I am pleased the Government has shifted slightly on this area, because when I brought my amendment at Stage 2, I was under the impression that the Welsh Government wasn't going to bring forward any changes that required a strong communications campaign to be undertaken. So, we have moved and I accept that, but the approach is that you're putting responsibility on local authorities, and I think it should be with Welsh Government. So, my first amendment, amendment 17, places that requirement on Welsh Government Ministers to take reasonable steps to inform contract holders, landlords and letting agents of the changes being introduced in the Bill, and it stems from recommendation 2 of the Equality, Local Government and Communities Committee's Stage 1 report.
Amendment 53 is consequential to amendment 47 and would allow amendment 47 to come into force on the day after Royal Assent. This will allow the information campaign and the effects of the Bill to be disseminated to all relevant stakeholders at the earliest opportunity, and before the substantive provisions of what would then be an Act came into force.
For me, these are some of the most crucial elements of this whole policy, and this amendment, as I've put forward, is designed to ensure that we have a process that is similar to what was followed in the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 last year. There was broad consensus then from stakeholders that it was an important part of introducing a ban and that it should be clearly communicated. The Chartered Institute of Housing Cymru said, and I quote:
'There must be a comprehensive and clear programme of supported communication activity to ensure the public are aware of what 'fees' incorporate and therefore what enacting this legislation could mean for those renting in the future.'
They also made comparison to the provisions in the Abolition of the Right to Buy and Associated Rights (Wales) Act, as I've already referred to, which places duties on Welsh Ministers and local authorities to make tenants aware of forthcoming changes. And there was a lot of discussion on this element at the time of passage of that legislation. In oral evidence, it was highlighted that in Scotland, Shelter had a big communication campaign to make letting agents and tenants aware of the changes.
So, I am glad that the Welsh Government has listened to that extent and has emphasised the need for some form of campaign. We will watch this very carefully, if our amendment doesn't pass, that is, and ensure that this part of the change in law is effectively communicated. I do think it is important that when we make law, Deputy Presiding Officer, we're very attentive to this part of what we're doing and the need to communicate effectively. But I make one final plea to Members to support my version, which I believe, as it places the responsibility on Ministers, is a more robust way to go about ensuring there's an effective information campaign.