Group 15: Coming into force (Amendments 60, 61)

– in the Senedd at 6:38 pm on 19 March 2019.

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Photo of Ann Jones Ann Jones Labour 6:38, 19 March 2019

So, the next group of amendments relates to coming into force, and the lead amendment in this group is amendment 60. I call on Leanne Wood to move and speak to the lead amendment and the other amendments. Leanne.

(Translated)

Amendment 60 (Leanne Wood) moved.

Photo of Leanne Wood Leanne Wood Plaid Cymru 6:38, 19 March 2019

Diolch. These are our amendments to ensure that the law commences on 1 June 2019. This would bring the legislation in line with England, where similar legislation commences on 1 June.

Many letting agencies and landlords operate on an English and Welsh basis, so while it will be banned in England, they will undoubtedly be hiking up fees for Welsh renters if our legislation doesn't match that. What we don't want to happen is a situation where fees are banned elsewhere, but progress is slow here. 

The Welsh Government were dragged reluctantly into this legislation with several debates calling for letting agent fees to be banned being discussed in this Chamber before the Government finally acknowledged that there was a real problem here. For many of us, there remains a question mark over this Government's commitment on this question.

We've seen with many pieces of legislation in the past that progress on implementation has been slow, behind schedule, and often failing to live up to the promises that were made when it passed through here. We've seen that with many provisions in the Renting Homes (Wales) Act 2016 of the previous Assembly, they've yet to come into force, with Shelter Cymru noting that England has not only caught up with Wales but implemented similar legislation before we have.

My final point would be this: in a citizens' assembly UK held in February, the First Minister was asked this question: 'Will you work with us to ensure that letting agents' fees are banned in Wales by the start of the 2019-20 academic year?' To which the First Minister answered, 'I'm pleased to say this is the easiest one to answer because, as you heard, there is a Bill in front of the Assembly, the Renting Homes Bill. It's being considered now and it will ban letting agents' fees in Wales. How fast the Bill gets onto the statute book is not in the hands of the Government. There is an Assembly that debates it, and we are in their hands too, but I'm optimistic that if we get on with it like we plan to get on with it, letting fees will be banned in the summer ahead of the 2019-2020 academic year.' The student union president then asked, 'I just want to confirm, the second ask, will you work with us to ensure that letting agency fees are banned for the next academic year, yes or no?' And the answer was 'yes'.

So, we've tabled this, and if the Government rejects it it will have some serious questions to answer, but if it is rejected I would like a clear commitment from the Government on the record as to when this legislation will be implemented, and that means a date. So, if not June, when?

Photo of Julie James Julie James Labour

Diolch, Dirprwy Lywydd. I understand Leanne Wood's enthusiasm to commence the Bill as soon as possible and I share it. However, commencing the Bill by 1 June is just unrealistic. If the Bill is passed by the Assembly next week as scheduled, we cannot expect Royal Assent until the start of May at the earliest, following completion of the 28-day period of intimation. The date proposed by Leanne Wood will allow a few weeks for us to prepare and make the regulations under section 20 of the Bill, making transitional provisions so that the Bill works with current housing law. Members will be aware that the Bill uses the terminology of the Renting Homes (Wales) Act 2016. This will need to be amended until the Renting Homes (Wales) Act 2016 comes into force. We have started work on the section 20 transitional regulations and aim to have them ready by the end of the summer. However, the work preparing the regulations is not straightforward and cannot be guaranteed to be completed in time for us to commence the Act by 1 June. Neither does the amendment take any account of the unprecedented level of subordinate legislation being made on account of the European Union withdrawal and the fact that legislation necessary to implement the Act will need to progress in the light of that challenge. There would also be very little time for us to engage with tenants, landlords and agents about the impending changes, which would inevitably lead to a disorderly implementation of the Act. It would also fall foul of the convention, which is a minimum two-month period between Royal Assent and commencement, save in exceptional circumstances.

This awareness raising was considered to be very important during Stage 1 scrutiny. By comparison, there are four months between Royal Assent and implementation of the UK Government's Tenant Fees Act 2019. I expect the Bill's commencement to be ahead of the 2019 academic term, and give my assurance that we will commence at the earliest possible opportunity. On the basis of these arguments, I urge Members to reject amendments 60 and 61.

Photo of Ann Jones Ann Jones Labour 6:43, 19 March 2019

Thank you. I call Leanne Wood to reply to the debate.

Photo of Leanne Wood Leanne Wood Plaid Cymru

Well, that isn't good enough. 'I expect it to be implemented in time for the academic year' is not in line with what the First Minister said in that citizens assembly. You have some serious questions to answer about that commitment that was given, and I would argue for all Members to support our amendment so that this legislation is implemented in time for the academic year not just hoped to be.

Photo of Ann Jones Ann Jones Labour

The question is that amendment 60 the agreed to. Does any Member object? [Objection.] Therefore, we proceed to an electronic vote. Open the vote. Close the vote. For the amendment nine, no abstentions, 39 against. Therefore, amendment 60 is not agreed.

(Translated)

Amendment 60: For: 9, Against: 39, Abstain: 0

Amendment has been rejected

Division number 1237 Amendment 60

Aye: 9 MSs

No: 39 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 12 MSs

Absent: A-Z by last name

(Translated)

Amendment 61 (Leanne Wood) moved.

Photo of Ann Jones Ann Jones Labour

Move. The question is that amendment 61 be agreed to. Does any Member object? [Objection.] Object. Therefore, we proceed to an electronic vote. Open the vote. Close the vote. For the motion eight, no abstentions, 38 against. Therefore, amendment 61 is not agreed.

(Translated)

Amendment 61: For: 8, Against: 38, Abstain: 0

Amendment has been rejected

Division number 1238 Amendment 61

Aye: 8 MSs

No: 38 MSs

Aye: A-Z by last name

Absent: 14 MSs

Absent: A-Z by last name

(Translated)

Amendment 1 (Julie James) moved.

Photo of Ann Jones Ann Jones Labour

The question is that amendment 1 be agreed to. Does any Member object? No. Therefore amendment 1 is agreed.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

(Translated)

Amendment 2 (Julie James) moved.

Photo of Ann Jones Ann Jones Labour

The question is that amendment 2 be agreed to. Does any Member object? No. Therefore, amendment 2 is agreed to. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Ann Jones Ann Jones Labour 6:45, 19 March 2019

So, we've reached the end of our Stage 3 consideration of the Renting Homes (Fees etc.) (Wales) Bill, and I declare that all sections and Schedules of the Bill are deemed agreed. That concludes Stage 3 proceedings. 

(Translated)

All sections of the Bill deemed agreed.