So, we'll move to item 5, the Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021. And I call on the Minister for Housing and Local Government to move the motion—Julie James.

Motion NDM7678 Rebecca Evans

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

1. Approves The Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021 laid in the Table Office on 17 March 2021.

Motion moved.

Diolch, Llywydd. In my written statement of 17 March, I informed Members that I had laid the Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021—the subject of today's debate. I also indicated that I would be laying today, under the negative procedure, the Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (Wales) Regulations 2021. Taken together, these two sets of regulations will further extend, until the end of June, the current protections we have put in place. These protections prevent, in most cases, bailiffs or High Court enforcement officers from executing possession warrants or eviction notices, and also require landlords to serve a six-month notice before seeking possession.

The exceptions to these arrangements will remain very limited—for example, domestic violence, anti-social behaviour or trespass. The restrictions on the enforcement of possession orders by bailiffs or High Court enforcement officers will remain subject to regular review during the period they are in force to ensure they remain necessary and proportionate. Extending these protections will ensure tenants are able to stay in their homes whilst coronavirus restrictions remain in place. This will protect public health by reducing the number of people who are evicted, or at risk of being evicted, into homelessness, and particularly street homelessness, where their potential vulnerability to the virus, and the likelihood of them spreading it, is increased. 

These measures will also reduce the current pressure on housing and homelessness advice and support services, which might otherwise struggle to cope due to current pandemic-related demands and the availability of temporary and move-on accommodation. Notwithstanding the limited lifting of some other measures, the protections afforded by these regulations remain crucial, particularly in the context of the potential for new variants of the virus increasing its transmissibility, or the severity of its impact, or a potential third wave of infections. I recognise that extending these temporary protections for a further period of time may cause difficulties for some landlords in the private rented sector. However, my overriding priority must be the protection of public health at this time.

Members will wish to know that other administrations share this view. The UK Government has recently announced that similar restrictions in England will be extended until the end of May, whilst the Scottish Government has announced that the arrangements there will be extended until the end of September. I therefore urge Members to support the motion. Diolch.

The Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

Diolch, again, Llywydd. Again, we considered these regulations at our meeting on Monday morning, and our report contains four merits points, some of which will, of course, be familiar to Members.

Our first merits point notes that these regulations engage a landlord's rights under article 1 protocol 1 of the European convention on human rights. And we note that exceptions are included in the regulations that allow for evictions in certain circumstances; the regulations are made only for a specified period; they are to be reviewed on a regular three-weekly cycle; and are made in the context of the current health emergency. In addition, we also note the Government's consideration of the proportionality of these regulations in the explanatory memorandum.

Our second merits point notes that there has been no formal consultation on the regulations, and our third merits point notes that no regulatory impact assessment has been prepared. In making our third point, we draw attention to the explanatory memorandum attempting to set out a summary of the potential impact of the regulations, which does provide some qualitative assessment of their impact.

Our fourth and final merits point highlights that these regulations extend by approximately 12 weeks the period of time by which a landlord will be unable to seek possession of their property for unpaid rent. So, we therefore highlight that, in combination with previous regulations passed in January 2021 and in December 2020, 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 adverse economic impact on them and, as such, we note that the explanatory memorandum contains the Government's assessment of this risk. Diolch, Llywydd.

I have no other speakers in this debate; I'm not sure if the Minister wishes to reply. Julie James.

No, thank you, Llywydd.

Therefore the proposal is to agree the motion. Does any Member object? I don't see or hear any objections, and therefore the motion is agreed.

Motion agreed in accordance with Standing Order 12.36.