Item 19 on our agenda is the Assessment of Accommodation Needs of Gypsies and Travellers (Extension of Review Period) (Wales) (Coronavirus) Order 2021, and I call on the Deputy Minister and the Chief Whip to move the motion. Jane Hutt.

Motion NDM7642 Rebecca Evans

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

1. Approves that the draft The Assessment of Accommodation Needs of Gypsies and Travellers (Extension of Review Period) (Wales) (Coronavirus) Order 2021 is made in accordance with the draft laid in the Table Office on 23 February 2021.

Motion moved.

Diolch, Deputy Presiding Officer. The last 12 months have been exceptionally challenging for public services in Wales, and it has also prevented them from taking some work forward where this requires face-to-face contact with communities. Under section 101 of the Housing (Wales) Act 2014, local housing authorities are under a duty to complete a Gypsy and Traveller accommodation assessment, or a GTAA. For most authorities, this assessment was due on 25 February 2021. COVID restrictions have meant local housing authorities have been unable to undertake engagement work effectively, on which their GTAA relies. The Order being debated today provides local housing authorities with an additional 12 months to complete their Gypsy and Traveller accommodation assessments.

The draft Order will amend the Housing (Wales) Act 2014 to extend the current review period from five years to six years. Thereafter, the review period will revert back to a five-year cycle. The extension period will allow local housing authorities to undertake a proper assessment of the accommodation needs of Gypsies and Travellers living within their locality, and to do so in a way that is most likely to result in strong engagement with communities. And it is my hope that, in providing the extension, we will allow time for local authorities to undertake the most robust assessment of need possible so that the accommodation needs of Gypsies and Travellers across Wales are fully identified and met. And this, in turn, will improve outcomes for Gypsies and Travellers and also act to reduce unauthorised encampments. So, I'm grateful to local housing authorities, the Welsh Government specialist stakeholder group, and some community members for their advice and support around this proposed extension. 

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

Diolch again, Dirprwy Lywydd. We considered the Order at our meeting on 8 March. Our report contained only two merits points and, as such, my remarks in this afternoon's debate will be brief. Our first merits point notes that there has been no formal consultation on the Order. Our report draws attention to a number of paragraphs in the explanatory memorandum that detail the action the Welsh Government has taken, including writing to all local authorities in Wales. Our second merits point notes that a local housing authority that did not carry out its second assessment by 24 February 2021 will currently be in breach of the duty in section 101 of the Housing (Wales) Act 2014 and will remain in breach of that duty until the Order comes into force on 18 March 2021. Diolch, Dirprwy Lywydd.

I think it's sensible to give the extra 12 months to enable local authorities to confer with Gypsies and Travellers, because it is extremely difficult to have any meaningful consultation whilst we're under the current restrictions, particularly as many of them do not have any internet devices that would enable Zoom meetings et cetera. However, I do hope that this is not going to be seen by local authorities as an excuse to simply kick this issue into the long grass, because I think—. I was very grateful that the Minister wrote to me in response to the issue I raised in February in Plenary about the incident that occurred at the Queensferry site and the use of security firms to enforce the behaviour of communities in relation to the coronavirus regulations, when in fact what was needed was decent housing management, which was clearly absent in that case. 

So, I want to just ask the Deputy Minister if there are any local authorities that still have not delivered a Gypsy and Traveller site in their local authority, because this was one of the things that was incorporated into the Planning (Wales) Act 2015, never mind any subsequent legislation. So, could you tell us, Deputy Minister, if there are any such local authorities that have failed in their duty to provide Gypsy and Traveller sites, and, if so, what is going to be done about that?

Thank you. I have no Members who've indicated they wish to make an intervention, therefore I'll call on the Deputy Minister and Chief Whip to reply to the debate. Jane Hutt. 

Diolch, Deputy Presiding Officer. Can I thank Mick Antoniw, the Chair of the Legislation, Justice and Constitution Committee, and his committee for considering the proposed Order? Just in response to the two points that you highlighted that merited scrutiny, in relation to your first point, on lack of formal consultation on the Order, it is right to say that a formal written consultation hasn't been undertaken. However, we have engaged broadly with local authorities and with other expert third sector colleagues in relation to this matter. There is broad support for this proposed Order, and we're confident that the flexibility in-built to our proposed approach means we can support local authorities at any stage of their duty accommodation assessment process. And, in relation to the second point, a local housing authority that did not carry out a second assessment by 24 February 2021, as you say, will currently be in breach of the duty in section 101 of the Housing (Wales) Act 2014 and will remain in breach until the Order comes into force. But local housing authorities have received written notification of the proposed Order to ensure we offer as much clarity as we can in the current circumstances, and we'll write again pending the result of today's vote. 

I'm grateful for Jenny Rathbone's points and questions this afternoon in moving this motion, because we remain absolutely committed to working with local housing authorities to ensure that Gypsies and Travellers in Wales have access to high-quality site provision that is tailored to their needs and is culturally appropriate, and indeed this is about addressing outstanding needs relating, for example, to transit provision. And just to assure you that, since we created the housing Act duty in 2014, we've seen well over 200 new pitches either created or refurbished—and it's good to put that on record this afternoon—and that compares to only a handful of new pitches created between 1997 and 2014. That progress isn't taking place in every part of Wales, and it needs to, and we've provided significant funding to address the need. So, my officials have written to the four local authorities whose progress is of most concern, and we're currently working through—obviously, as a result of the pandemic—ways in which we can make that change through collaboration and working with local authorities to identify and meet these needs. But we have to address this, and I would say that, in terms of future actions, we may have to take advice around the potential for use of powers outlined in the Housing Act.

And just finally to say that our published advice to local authorities is clear, and this relates to the Riverside Gypsy and Traveller site in Flintshire. It's clear that managing COVID-19 incidents on this site must be based on clear communication, building trust and taking time to ask what support is needed by residents. The use of security firms to enforce the behaviour of communities is not acceptable, and I hope never to hear of this type of situation again. This must be about how we promote good management and relations between tenants and landlords, essential to achieve public health compliance with COVID-19 regulations, and I am grateful to TGP Cymru, who have engaged with us and are also building the trust between public services, Gypsies and Travellers and local communities. So, I move this motion. Diolch yn fawr, Deputy Presiding Officer.

Thank you. The proposal is to agree the motion. Does any Member object? No, I don't see any objection, therefore, under Standing Order 12.36, the motion is agreed.

Motion agreed in accordance with Standing Order 12.36.