7. The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021

Part of the debate – in the Senedd at 5:38 pm on 19 January 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 5:38, 19 January 2021

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.