10. The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2023

– in the Senedd at 6:40 pm on 24 January 2023.

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Photo of Elin Jones Elin Jones Plaid Cymru 6:40, 24 January 2023

(Translated)

We move to item 10, the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2023. The Minister for Climate Change to move these, Julie James.

(Translated)

Motion NDM8185 Lesley Griffiths

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

1. Approves that the draft The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2023 is made in accordance with the draft laid in the Table Office on 13 December 2022.

(Translated)

Motion moved.

Photo of Julie James Julie James Labour 6:40, 24 January 2023

Diolch, Llywydd. We've made the draft Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2023 in order to amend the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014, known as the 2014 regulations, so that victims and survivors of slavery and human trafficking granted temporary permission to stay in the UK can access housing or housing assistance in Wales. People who are granted this temporary permission to stay will be able to remain in the UK for up to 30 months. This entitlement gives them the right to work, study and access public funds, notably housing and housing assistance.

I hope that Members will approve the motion, as this will provide victims and survivors of slavery and human trafficking with important rights and ensure that housing laws in Wales are made consistent with the United Kingdom's immigration laws, which are due to change next week. Victims and survivors of slavery and human trafficking are already entitled to remain temporarily in the UK through the Home Office's discretionary powers. The amendments put forward today will ensure that the 2014 regulations formalise the eligibility of victims and survivors of slavery and human trafficking within, rather than outside, the current immigration rules.

I hope that Members will recognise that their support for the regulations will help strengthen Wales's commitment to be a nation of sanctuary, committed to human rights and promoting peace. Diolch.

Photo of Elin Jones Elin Jones Plaid Cymru 6:42, 24 January 2023

(Translated)

Chair of the legislation committee, Huw Irranca-Davies.

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour

(Translated)

Thank you once again, Llywydd. We also considered these regulations on 16 January and our report is included with this afternoon’s agenda to inform this debate.

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour

Our report on these regulations contains two merits points. I will start with the second, which noted that there had been no consultation on the regulations. In particular, we noted a paragraph in the explanatory memorandum accompanying the regulations that states that as temporary permission to stay is a product of reserved UK Government policy—namely immigration—the Welsh Government did not consider it in this case possible to undertake a meaningful consultation on alternative approaches, as the effect of the regulations—as the Minister has indeed said—is to ensure consistency between Welsh housing law and immigration law. So, we note that.

Our first merits reporting point, however, rehearses the same point I made in the previous debate. The explanatory memorandum to the regulations was laid in English only. Before we received the relevant letter from the Permanent Secretary, which I referred to my previous contribution, we asked the Welsh Government to explain why a Welsh language version of the explanatory memorandum had not been laid for these regulations. The response we received again noted Standing Order 15.4, and stated that the Welsh Government had consulted guidance provided by the office of the Welsh Language Commissioner, and so on, and so on, to refer to the transcript of the previous debate. But as we noted before, and as per the commitment from the Permanent Secretary, the Welsh Government will now produce explanatory memoranda to Welsh subordinate legislation bilingually, following a brief bedding-in period. So, we're really grateful for that clarification.

Photo of Mabon ap Gwynfor Mabon ap Gwynfor Plaid Cymru 6:44, 24 January 2023

(Translated)

Thank you for your contribution this afternoon; it's to be warmly welcomed. It shows Wales's aspiration to be a nation of sanctuary, and these regulations are an important step in that direction.

As the Minister will know, the Local Government and Housing Committee is holding a consultation on Ukrainian refugees coming to Wales to escape the crimes of Putin at the moment. The evidence has been heart-rending, and it's fair to say that the actions of the Welsh Government have been far better than what's been seen provided by the Westminster Government.

The point remains that there is a shortage of housing here, and lessons to be learned from recent experiences. So, can we have an assurance that fit-for-purpose accommodation is prepared without delay to ensure that we have the necessary resources to welcome and home these people who truly need our support, and that we have a responsibility to ensure that they are housed?

And finally, we've heard over recent days the frightening news of 200 children who were seeking refuge disappearing from Home Office hotels in England. Will this change to TPS ensure greater safety for these most vulnerable of people, and what steps are being taken, in introducing these regulations, to ensure that children and others who are welcome here to Wales will not go missing from the system? 

Photo of Elin Jones Elin Jones Plaid Cymru 6:45, 24 January 2023

(Translated)

The Minister for Climate Change to respond.

Photo of Julie James Julie James Labour

Diolch, Llywydd. Just on the consultation point that the legislation and justice committee Chair raised, I'll just reiterate what I said: the amendments brought about by the draft regulations clearly reflect changes to immigration law, which are reserved matters. The changes are quite limited, leaving little or no impact on public services, as compared to present. Any consultation would have limited value, as we don't have the powers to offer any material alternative approaches. I think that makes the point pretty succinctly. Obviously, I have no objection to the Welsh language issues—we're happy to do that, of course.

On the safety and housing supply issues, this regularises the situation. So, where this was at the Home Office's discretion, it now gives people the right to be considered for housing services and that they, then, have the same right as everybody else has to have those services. And, of course, it will help increase safety, because having the right, rather than having to apply for the discretion, is clearly a better position to be in. 

I welcome the opportunity to have debated the regulations, Llywydd, and thank Members for their contributions. Given the clear benefit that the regulations will bring, I hope Members will support the motion. Diolch.

Photo of Elin Jones Elin Jones Plaid Cymru 6:46, 24 January 2023

(Translated)

The proposal is to agree the motion. Does any Member object? There are no objections, therefore the motion is agreed.

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 6:47, 24 January 2023

(Translated)

We will not, therefore, need to move to voting time this evening. That brings today's proceedings to a close. Thank you very much.

(Translated)

The meeting ended at 18:47.