Item 8 on our agenda this afternoon is the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020, and I call on the Minister for Housing and Local Government to move the motion. Julie James.

Motion NNDM7522 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020 laid in the Table Office on 10 December 2020.

Motion moved.

Diolch, Dirprwy Lywydd. The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020 have been made to protect public health by ensuring that tenants are not evicted into homelessness over the Christmas and new year period. In the run-up to Christmas and the period immediately thereafter, those subject to eviction are at much greater risk of being made homeless. Accessibility to services, advice and support is often much reduced. Similarly, the availability of alternative accommodation is likely to be limited at this time of year. A person made homeless is placed at greater risk of both contracting COVID-19 and transmitting it to others. Therefore, we cannot allow a situation where evictions result in homelessness, which, in turn, increases the risk to homeless individuals and public health more widely. Given the situation that we currently face in relation to the virus, it is imperative that we act swiftly to prevent this.

These regulations prevent, except in specified circumstances, attendance by High Court enforcement officers or bailiffs at a dwelling house for the purpose of executing a writ or warrant of possession, executing a writ or warrant of restitution, or delivering a notice of eviction. The specified circumstances include, for example, when a claim is made wholly or partly on the grounds of anti-social behaviour. The regulations will expire on 11 January 2021. The UK Government previously announced through guidance that it intended to suspend evictions across England and Wales between 11 December and 11 January. These regulations provide statutory underpinning to that guidance in relation to Wales.

Ideally, I would've liked my officials to have had an opportunity to engage with stakeholders before making the regulations, however, the UK Government did not alert us to the fact that they had made similar regulations applying to England until after they had come into force on 17 November. Therefore, we have had to make the regulations in respect of Wales with the greatest of urgency. Stakeholders had, however, been informed of the earlier announcement by the UK Government that evictions would be suspended from 11 December to 11 January. I commend the motion of approval to Members.

Thank you. Can I call on the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw?

Thank you, Dirprwy Lywydd. Members will know that these regulations were laid last Thursday and came into force on Friday. We considered the regulations at our meeting yesterday morning and our report has been laid before the Senedd to inform this afternoon’s debate. Our report contains one technical point and three merits points. The technical reporting point highlights what we consider to be a superfluous provision in the regulations at regulation 3(2). We have asked the Welsh Government to explain why this saving provision is necessary.

Our first merits point relates to human rights matters. These regulations engage a landlord’s rights under article 1, protocol 1 of the European convention on human rights. Although the explanatory memorandum states that these regulations are made in response to a public health emergency, it fails to refer specifically to the fact that these regulations engage human rights and how they deem the provisions to be justifiable and proportionate in the context of the human rights of both tenants and landlords. We have asked the Government to provide this justification.

Our second merits point notes that there has been no formal consultation on the regulations. While we accept that there is no statutory requirement to consult, we have asked the Government to confirm if they were able to engage in any capacity with relevant stakeholders before making these regulations. Our third merits point notes that the Government has not prepared a regulatory impact assessment for these regulations. But we have acknowledged that the explanatory memorandum does set out a summary of the potential impact of these regulations, which does provide qualitative assessment of their impact. Diolch, Dirprwy Lywydd.

Just some brief comments.

Under the regulations, Minister, the evictions will only be prevented until 11 January, as you've set out. Of course this is welcome, but we also all know that, by mid January, we could well be in an even worse situation with the pandemic than we are now. And realistically, the impact of vaccination won't be felt until well into the spring in the best-case scenario. So, surely, we simply can't have evictions for public health reasons for a far longer period. So, we in Plaid will be voting in favour of these regulations this evening, but could I just ask the Minister why the Government keeps only staying the eviction of vulnerable people by a few weeks at a time incrementally, instead of guaranteeing that support for as long as it's necessary? Is there a technical reason why this is? Surely, the eviction of anyone during a pandemic would be unconscionable. I know that the Minister will agree with me on that point, so I'd welcome her comments just on that point, please. Diolch.

Thank you. I have no other Members who've requested to make any interventions. Therefore, I call on the Minister for Housing and Local Government to reply to the debate—Julie James.

Diolch, Llywydd, and my thanks to both Members who have spoken during the debate. I make no apologies for bringing forward legislation at any time that seeks to avoid people becoming homeless. But, it is of critical importance, on public health grounds, that we prevent homelessness during this particularly critical phase of the pandemic. Over the Christmas period, these regulations will play a vital role in achieving that goal.

I realise that they were made, and came into force, at short notice, using an emergency procedure, and that that has restricted the scrutiny of them. But, this is, of course, because they respond to what is an emergency situation. If they had not come into force with almost immediate effect, they would not have had the desired effect. I take the point that Delyth Jewell is making, also. We keep the regulations under constant review. We will, of course, be looking to renew them if that's necessary, if access to homelessness services and so on is further restricted after 11 January. So, I urge Members to support the motion.

The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.