Item 7 on our agenda this afternoon is the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021, and I call on the Minister for Housing and Local Government to move that motion—Julie James. 

Motion NDM7545 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 2021 laid in the Table Office on 8 January 2021.

Motion moved.

Diolch, Dirprwy Lywydd. The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 have been made to protect public health by ensuring that tenants are not evicted into homelessness during this critical stage of the pandemic. The 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 the claim is made wholly or partly on the grounds of antisocial behaviour. 

The regulations expire on 31 March 2021, but will be subject to a review cycle during the period that they are in force to ensure that the restrictions and requirements remain proportionate. The first review must take place in the period before 28 January 2021. They must then be reviewed at least once in each subsequent three-week period. This will enable the reviews to be aligned with the review time that's in the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020.

The regulations are, effectively, a continuation of the protections put in place by the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020, which prevented the enforcement of evictions over the Christmas period and which expired on 11 January. Given the deterioration in the pandemic in recent weeks and the introduction of the alert level 4 regulations on 20 December, I consider it essential that, for the time being, tenants continue to be protected from the risk of eviction. Those subject to eviction are currently at much greater risk of being made homeless. Accessibility of services, advice and support may be much reduced as a consequence of the pandemic and the pressure on public services that has arisen. Similarly, the availability of alternative accommodation is likely to be much more limited. A person made homeless is, of course, at greater risk of both contracting COVID-19 and transmitting it to others. It is imperative that we take action to avoid evictions resulting in homelessness because of the risk this poses to homeless individuals and public health more widely. Should the situation improve and the wider health protection restrictions be eased, the regular reviews will allow us to consider whether these regulations remain necessary. I commend the motion for approval by Members. 

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

Thank you again, Dirprwy Lywydd. As the Minister has explained, these regulations enact the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020, which expired on 11 January 2021, and, as new regulations, they expire at the end of the day on 31 March 2021.

We reported four merits points to the Senedd. As the Minister has said, these regulations prevent, except in specified circumstances, attendance at a dwelling-house for the purpose of executing a writ or warrant of possession or of restitution, or delivering a notice of eviction. Our first merits point noted the specified exceptions and the Welsh Government’s explanation for why the regulations are necessary. Our second and third merits points noted that there has been no formal consultation on these regulations and that no regulatory impact assessment has been prepared. Our report highlights that the regulations engage a landlord's rights under article 1, protocol 1 of the European convention on human rights, which brings me to our fourth merits point. We noted that, in combination with previous regulations, landlords will have been prevented from recovering possession due to unpaid rent for a significant period of time. The arrears of rent for some landlords may have a significant economic impact. We therefore asked if the Government has given any consideration as to what financial support it may give landlords that find themselves in financial difficulty because of the extension of restrictions imposed.

In its response, which is included in our report, the Welsh Government sets out how it has sought to mitigate the financial impact of the pandemic on tenants and landlords.

As I mentioned at the start, these regulations enact the 2020 regulations of the same name. In the context of the 2020 regulations and others relating to tenancies, we've been concerned at the apparent reluctance of the Welsh Government to provide information about how provisions contained in those regulations are proportionate in the context of human rights and justifiable. We believe this to be essential not only in terms of good law making and for the benefit of those affected, but also as regards the commitment to open and transparent government. It's therefore regrettable yet again in response to our most recent letter of 21 December that this matter has not been fully addressed. I wish to make it clear we're not seeking to comment on the policy objectives, but we do have a role in monitoring the compliance of subordinate legislation with human rights. In this instance, we wish to ensure the Welsh Government has carefully considered human rights, including article 1 of protocol 1, rights of landlords. I therefore ask the Minister, in line with the Welsh Government's commitment to openness and transparency, if she'll commit to publishing a formal assessment of these human rights implications of the regulations that have impacted on the issue of landlords as well as tenants. Thank you, Dirprwy Lywydd.

Am I open? Yes. We will support these regulations to prevent the enforcement of evictions in Wales except in the most serious circumstances as a public health response to transmission of the COVID-19 virus, extending the suspension on eviction enforcement to 31 March. However, unlike in England, there's no exemption to the ban for those with over six months of arrears, which is relevant, particularly in the context of the previous contribution by a Member. The Minister may cite the tenancy saver loan scheme as a reason for not having that in Wales. However, as the Minister confirmed to me in her answer to my written questions about the tenancy saver loan scheme on 22 December, take-up of these loans is low and, although payment is made directly to a landlord on behalf of the applicant via credit union, only 22 loans had been approved at that point, plus some 800 expressions of interest received from tenants, representing less than half of 1 per cent of private rented sector households in Wales. Further, these loans are targeted at private sector tenants who weren't in significant rent arrears before March and aren't on benefits.

The majority of residential landlords in Wales have only one or two properties and they're relying on the income generated from these to fund both overheads and their own living expenses. I therefore urge the Minister to respond to calls for the Welsh Government to either massively expand knowledge and take-up of the loan, and maybe even expand eligibility, or to admit that, because there is little perceived need to pay off arrears in Wales, the exemption in England should be allowed here too, because those in arrears who are taking advantage of a loan are small in number and there is currently therefore little to help landlords and tenants sustain a tenancy, as opposed to imposition on the landlord of a tenancy that is significantly in arrears. I therefore also call on the Minister to invest in much more effective consultation with the sector to come up with a better scheme, including, for example, the exemption in England. Diolch.

Thank you. I have no Members who have requested to make an intervention, therefore, I will ask the Minister to reply to the debate. Minister.

Diolch, Deputy Llywydd. Just very briefly, I've already assured the Chair of the committee that we have done the analysis of the Human Rights Act A1P1 that he mentioned. He's had a letter off me to that effect. I'm not sure what else I can do to assure the committee of that.

And in terms of Mark Isherwood's contribution, I'm afraid I simply don't agree that allowing an exemption for cumulative rent arrears would be appropriate or proportionate at this time, as that's very likely to lead to a larger number of people being evicted into homelessness, and so we think that we've done the right thing here in the limited exemptions that we have put in, and I commend the motion to the Senedd.

Thank you. The proposal is to agree the motion. Does any Member object? I don't see an objection, therefore the motion is agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.