Part of the debate – in the Senedd at 6:30 pm on 26 June 2019.
Now, at this point, I believe it's worth noting that in the policy and legislative context of Wales, we are already very familiar with a rights-based approach. Perhaps the most notable for me has been the work in respect of the rights of children and young persons. Those were incorporated into Welsh law via the Rights of Children and Young Persons (Wales) Measure 2011. Through this Measure, we know that Welsh Ministers have to pay due regard to the specific human rights of children and young people. This is, of course, an example of the indirect incorporation of human rights treaties, as Government Ministers are not fully bound by them, but must pay due regard to these rights. And that differs in approach to direct incorporation, which is the way the UK dealt with the Human Rights Act 1998.
In the case of direct incorporation, it often means an individual can use their human rights to seek justice in a British court. The recent feasibility report also highlights sectoral incorporation, which means rights are incorporated in specific policy areas. Once again, Wales has experience of this through the Social Services and Well-being (Wales) Act 2014. So, incorporation of rights can be direct, indirect or sectoral. And incorporation is important, because it brings these human rights into our national legal framework. Following incorporation, Governments and public bodies can be held accountable through a number of mechanisms, including complaints, commissions and commissioners. Such an approach, of course, underpins the work of the Children's Commissioner for Wales.
So, what is the right that we would seek to incorporate in relation to adequate housing? Well, as I've said, it is set out in article 11(1) of the covenant on economic, social and cultural rights, and includes, and I quote, hence the gender-specific language,
'the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing'.
The UN committee has further defined this as a right to live in peace, security and dignity, and this helps to frame housing as being of fundamental importance to humanity.
There is an important point I should make at this stage, and that is: incorporating this legal right does not require Government to provide housing for all. As Ali from Tai Pawb wrote:
'There is a popular misconception that the right to adequate housing means that the government has to build a home for every citizen. This is of course a myth, it is more about supporting social progress, with special focus on those most disadvantaged'— what she describes as 'progressive realisation'. But it would require a clear enabling strategy that can progressively address housing problems. Indeed, the sponsors of the recent feasibility report support the idea of taking a mixed approach to the incorporation of the right to adequate housing. That is, they believe there should be both direct and indirect incorporation, so that there is a strong proactive framework for a right to housing in policy making, but also the right to enforcement if that right is breached. I have little doubt that this is part of the debate that needs the most careful examination.
Indeed, I would hope that the Equality, Local Government and Communities Committee might hold an initial inquiry to take evidence on these issues in advance of the 2021 Assembly elections. Such evidence could consider international experience within the context of this debate. We can read that Canada has taken this approach with a national housing strategy that commits to approaching housing as a human right. Norway is also making progress with a rights-based approach. Such evidence sessions would help to inform decisions to be made in respect of the sixth term of the Assembly, as I'm not sure there's time for such important legislation, unfortunately, in this Assembly term. But such evidence would also help the Minister, who I know has already expressed both her interest in and willingness to look at this issue, when she spoke in the recent event at the Pierhead building. And as I'm not a lawyer, such evidence would help further improve my understanding of the range of implications of such a law.
So, let me conclude on this point. After this debate, I'll travel to my home in Merthyr Tydfil and Rhymney, and at the end of a long, busy day, that thought provides me with some comfort. I return to familiar personal objects, to some security and safety, and I'll have warmth if that is required. But I also recognise that, in 2019, in spite of all this nation's wealth, this is not the case for all our fellow citizens in Wales, which leads me to conclude, for the reasons I've set out in this debate, that it is now time to consider the right to a statutory right to adequate housing, to improve the prospects that in Wales we can meet a citizen's right to that most basic of needs, a home.
So, I return to where I started, and I propose that this National Assembly should consider making a national commitment to the fundamental principle that every one of us should have a human right underpinned by law to access adequate housing.