Cofnod y
Trafodion
The
Record of Proceedings
Y Pwyllgor Cydraddoldeb, Llywodraeth Leol a Chymunedau
The Equality, Local Government and Communities Committee
Cynnwys
Contents
13 Grŵp 2: Cyfnod Diddymu (Gwelliannau 22, 31,
17)
Group 2: Abolition Period (Amendments 22, 31,
17)
43 Papurau
i’w Nodi
Papers to Note
Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle y mae cyfranwyr wedi darparu cywiriadau i’w tystiolaeth, nodir y rheini yn y trawsgrifiad.
The proceedings are reported in the language in which they were spoken in the committee. In addition, a transcription of the simultaneous interpretation is included. Where contributors have supplied corrections to their evidence, these are noted in the transcript.
Aelodau’r pwyllgor yn
bresennol
|
|
Gareth Bennett |
UKIP Cymru |
John Griffiths |
Llafur
(Cadeirydd y Pwyllgor) |
Sian Gwenllian |
Plaid Cymru |
Bethan Jenkins |
Plaid Cymru |
David Melding |
Ceidwadwyr Cymreig (yn dirprwyo ar ran Janet
Finch-Saunders) |
Rhianon Passmore |
Llafur
|
Jenny Rathbone |
Llafur
|
Joyce Watson |
Llafur
|
Eraill yn bresennol
|
|
Carl Sargeant |
Aelod Cynulliad,
Llafur (Ysgrifennydd y Cabinet dros Gymunedau a Phlant) |
Emma Williams |
Dirprwy Gyfarwyddwr, Adran Polisi Tai, Llywodraeth
Cymru |
Katie Wilson |
Cyfreithwraig, Yr Adran Gwasanaethau Cyfreithiol,
Llywodraeth Cymru
|
Swyddogion Cynulliad Cenedlaethol Cymru yn
bresennol
|
|
Jennifer Cottle |
Cynghorydd Cyfreithiol |
Chloe Davies |
Dirprwy Glerc |
Stephen Davies |
Cynghorydd Cyfreithiol |
Naomi Stocks |
Clerc |
Dechreuodd y cyfarfod am 09:15.
|
Cyflwyniad,
Ymddiheuriadau, Dirprwyon a Datgan Buddiannau
|
|||
[1] John Griffiths: May I welcome everyone to this meeting of the Equality, Local Government and Communities Committee? Item 1 on our agenda today is introductions, apologies, substitutions and declarations of interest. David Melding is substituting today for Janet Finch-Saunders. Are there any declarations of interest? No.
|
|||
Bil Diddymu’r Hawl i Brynu a Hawliau
Cysylltiedig (Cymru):
|
|||
[2] John Griffiths: We’ll move on to item 2 on our agenda today: Abolition of the Right to Buy and Associated Rights (Wales) Bill—Stage 2 proceedings. I’m very pleased to welcome the Cabinet Secretary for Communities and Children to the meeting today. Cabinet Secretary, would you like to introduce your officials for the record, please?
|
|||
[3] The Cabinet Secretary for Communities and Children (Carl Sargeant): Thank you, Chair. Good morning, committee. Can I ask Emma to start, please?
|
|||
[4] Ms Williams: I’m Emma Williams, head of housing policy.
|
|||
[5] Ms Wilson: Katie Wilson from legal services.
|
|||
[6] John Griffiths: Okay. The purpose of this item is to undertake Stage 2 proceedings on the Abolition of the Right to Buy and Associated Rights (Wales) Bill. In relation to this item, Members should have before them the marshalled list of amendments and the groupings of the amendments for debate. The marshalled list of amendments is the list of all amendments tabled, marshalled into the order agreed by the committee at its meeting on 21 September. So, for this meeting, the order in which we will consider amendments will be as follows: sections 2 to 6, Schedule 1, sections 7 to 12, section 1 and then the long title.
|
|||
[7] You will see from the groupings list that amendments have been grouped to facilitate debate. The order in which amendments are called and moved for a decision is dictated by the marshalled list. I will advise Members when I call them whether they are being called to speak in the debate or to move their amendments for a decision. There will be one debate on each group of amendments. Members who wish to speak in a particular group should indicate this in the usual way. I will call the Cabinet Secretary to speak on each group.
|
|||
[8] For the record, in accordance with the convention agreed by the Business Committee, as Chair, I will move amendments in the name of the Cabinet Secretary. For expediency, I will assume that the Cabinet Secretary wishes me to move all his amendments, and I will do so at the appropriate place in the marshalled list. Cabinet Secretary, if you do not want a particular amendment to be moved, please indicate this at the relevant point in the proceedings.
|
|||
[9] In line with our usual practice, legal advisers to the committee and the Cabinet Secretary are not expected to provide advice on the record. If Members wish to seek legal advice during proceedings, please do so by passing a note to the legal adviser or by requesting a short break to obtain that legal advice.
|
|||
Grŵp 1: Dileu’r Ataliad Dros Dro
Presennol ar yr Hawl i Brynu (Gwelliannau 21, 32, 26, 28, 16,
19)
|
|||
[10] John Griffiths: Group 1 relates to the removal of existing suspension of the right to buy. The lead amendment in the group is amendment 21 in the name of David Melding. I call on David Melding to move amendment 21 and speak to his amendment and other amendments in this group.
|
|||
Cynigiwyd gwelliant 21 (David
Melding).
|
|||
[11] David Melding: Thank you, Chair. Good morning. The purpose of amendment 21 is to remove the suspension of the right to buy and associated rights in the areas that are currently designated as suspended under the Housing (Wales) Measure 2011: currently, Cardiff, Anglesey, Carmarthenshire, Swansea, Flintshire and Denbighshire. This will allow qualifying tenants in those areas to exercise their rights like other qualifying tenants across Wales up until the abolition comes into effect, if that’s the decision of the Assembly.
|
|||
[12] Amendments 32, 26, 28, 16 and 19 are all consequential amendments that are required to make the lead amendment effective. Chair, I’ve submitted amendment 29 for the simple reason of how unfair the abolition of the right to buy would be if it were to be implemented as it currently stands. If the Government is intent on completely removing the right to utilise the right to buy for those tenants in the six suspended authorities, whilst extending the grace period to tenants in the remaining 16 local authorities, then, effectively, the Government will be creating two categories of tenants. In my view, there could be serious human rights implications to this and I don’t think the Government has adequately addressed the spirit of these.
|
|||
[13] In his evidence to our committee during Stage 1 of this Bill, the Cabinet Secretary said, I quote:
|
|||
[14] ‘we are satisfied that even if A1P1 were to apply, that the provisions of the Bill, insofar as they work in the context of suspended areas would be compliant with A1P1 and tenants’ Convention rights.’
|
|||
[15] However, this interpretation was a very controversial issue when we examined at Stage 1 and took evidence from our stakeholders. Some of the contributors highlighted that, in areas where a suspension was currently in place, not allowing tenants the opportunity to purchase their home prior to abolition could be seen as unfair, and this is exactly what is proposed by the Welsh Government.
|
|||
[16] During those evidence sessions, the representatives of the City and County of Swansea stated that they had already experienced tenants who were voicing their complaints over the unfairness of not being given the opportunity to buy their home before abolition came into effect.
|
|||
[17] In the past few months, I have received many e-mails from constituents in Cardiff—who I, of course, represent—who share a similar concern now that Cardiff has suspended the right to buy—effective from July this year. A number of respondents, including Shelter Cymru, stressed that more consideration should be given to this issue and I don’t think the Cabinet Secretary has done that.
|
|||
[18] I believe that this amendment is vital if we are to be fair to all tenants across Wales in offering them one last opportunity to purchase their home, and I hope that the committee bears this in mind when they are considering the amendment. I so move.
|
|||
[19] John Griffiths: Okay. Are there other Members who wish to speak? Jenny Rathbone.
|
|||
[20] Jenny Rathbone: As somebody who represents a Cardiff constituency, I’d just like to put the other side of the story. You said in your presentation that you wanted to be fair to all tenants, and we have to include all tenants, current and prospective tenants. At the moment, we have such an acute housing situation that we are simply unable to house adequately all the people who need to be housed. We’re having to put them in incredibly expensive temporary accommodation, which is costing the local authority huge sums of money, which is obviously a drain on other services that the council wishes to provide. So, I do not think it’s possible. I understand the logic of your argument, but I do not think it is possible for us to delay on this matter, simply because of the acute problem that is likely to get worse as a result of universal credit’s introduction.
|
|||
[21] John Griffiths: Bethan Jenkins.
|
|||
[22] Bethan Jenkins: I just wanted to take this opportunity in the first group to outline our intentions as a party towards the Bill. We won’t be supporting the amendments put forward by David Melding, as they substantially change the Bill in a direction that we are not comfortable with as a party, and we don’t feel that it strengthens the Bill. So, the ones that we’ve put forward, we feel, work in a positive way to try and strengthen the concept of what we are trying to do here, which is to alleviate the problems in regard to social housing.
|
|||
[23] During the discussions, I heard and I felt the feelings of those who said that they would like to be able to buy their own homes in suspended areas, but I’ve since been convinced that they’re suspended for a reason, because there are acute shortages of housing. If we make the exception for those areas, then it goes back to square one where those respective councils will have to reconsider their options, will have to re-scope their decisions in relation to social housing, and that doesn’t help Wales in relation to the problems that we face.
|
|||
[24] We’ve had an announcement from the UK Government of more social housing to be built, but it seems to me, if you’re going to be building more social housing, to sell that off defeats the object of creating it in the first place. We need to keep those houses in the social domain, because there will always be a demand for those houses from people who simply cannot afford to buy them. Subsidising them to that effect will not allow for that stock to stay in the social housing sector where they should be. I think that’s something that is fundamental to this discussion as we pass this legislation. So, I just wanted to say that we support the intentions of the Bill and, where we have tried to make some changes, it’s in the most positive way possible.
|
|||
[25] John Griffiths: Okay, I’ll just remind Members that we’ve dealt with the general principles of the Bill and the purpose of today is to deal with the particular amendments and to speak to the amendments in the particular group that we’re discussing at any one time. Joyce.
|
|||
[26] Joyce Watson: I want to speak to amendment 21. The amendment that David has put forward will clearly remove from the Bill the whole intention of the Bill, which is the suspension of the right to buy and the right to acquire. So, I represent mid Wales, and Carmarthenshire, which has been named, was the first county in Wales to temporarily remove the right to buy under the then Labour-led council and also the very first one to start building council-owned properties. There are huge pressures, and we’ve already heard those—we heard them through the evidence session—on people who really need social housing, whichever form that social housing is. We can’t meet those needs now. That was recognised by Carmarthenshire when they moved to suspend the right to buy and right to acquire. We also know that reduced budgets and universal credit will put pressure on those social landlords that might prove untenable for those tenants as well as those associations. So, I cannot support David Melding’s amendment and grouping thereafter in any way whatsoever, knowing full well what that would mean—it would destroy the Bill—and also having supported absolutely the Labour-led Carmarthenshire council at the time when they suspended.
|
|||
[27] John Griffiths: Okay. I call on the Cabinet Secretary to speak.
|
|||
[28] Carl Sargeant: Thank you, Cadeirydd. Can I first of all thank committee members for their scrutiny of Stage 1 and the continued support for the Abolition of the Right to Buy and Associated Rights (Wales) Bill as we move forward? In regard to group 1 and David’s amendments, and I listened very carefully, we re-rehearsed the arguments from Stage 1, in effect, and I absolutely understand the reasoning of his amendments, both in the aspect of making representation for individuals, albeit a small number of individuals that I’m aware of—. I also have received correspondence from people in the sphere of where they are seeking to purchase properties.
|
|||
[29] However, I believe that we’ve acted appropriately and by fact not by emotion. The Bill has been drafted accordingly, on the basis of evidence provided to us by all the six authorities of the pressures that they are under. They went through intense public consultation and evidence gathering. Carmarthenshire, as Joyce Watson says, has around seven people, for every one social house, waiting on the list. I cannot and will not seek to remove the suspension of the right to buy. Of course, both group 1 and group 2, as we’ll come on to, Chair, as amendments that have been placed by David Melding, are evidence of the fundamental opposition to the Bill in the first place. So, we will not be seeking to support David Melding’s amendments in section 1.
|
|||
[30] John Griffiths: Okay. I call on David Melding to reply to the debate.
|
|||
[31] David Melding: Thank you, Chair. I thank Members that have taken part in this discussion. Can I say to Jenny that the real problem with this Bill is that it creates two categories of tenants when you look at abolition? Abolition is categorically different to suspension. That’s obviously my underlying argument. I think that is profoundly unfair, given how dramatically rights are now going to be affected, and those rights have existed for over 30 years.
|
|||
[32] The imperative that you see in terms of housing shortage is caused by the lack of house building, which is something I am very, very concerned about and have consistently, since I’ve been the housing spokesman for the Welsh Conservative Party, raised in the Chamber and said we need a cross-party approach to building more houses, many more affordable houses. I even, last year, offered to support the building of more council houses, if the Minister wanted to do that and bring in measures to that effect. Happily, my party’s caught up with me on that particular proposal.
|
|||
09:30
|
|||
[33] So, I think it confuses the two issues, frankly: the fundamental right to buy that has existed for several decades and the low number of homes that Governments of both political parties have built in the last 20 or 30 years. I know Bethan has a principled objection to the right to buy, and obviously we have aired that, but I do come back to this point that what this Bill does is create two categories of tenant, and I just don’t think that is an appropriate way to go forward on such a radical change.
|
|||
[34] Joyce says that I’m undermining the intentions of the Bill and seek to destroy the Bill. Well, we’ve had the debate in principle. I wouldn’t be allowed to lay an amendment that destroyed the Bill, and the abolition of the right to buy would proceed if all my amendments were accepted by the Government. Now, it shapes the way that would work, obviously, and I want to do it so that it fully respects the rights and interests of tenants as I see them. So, it does come down to this issue of fairness, and I would say to the Cabinet Secretary, who, in a very courteous way, indicates that he’s not going to give any ground whatsoever, that, when tenants were consulted on the suspension, they were done so with the comfort, really, of thinking of thinking that the suspension would be temporary and not permanent. Now, it’s a dramatically different situation to move to permanence without any chance of a grace period.
|
|||
[35] Additionally, some of those areas didn’t even have the two-year notice period, as regularly mentioned in previous committee proceedings. For instance, Cardiff council first consulted on the suspension in November 2016, and the suspension has only just come into effect. So, I think those tenants will feel particularly hard done by that this has just got in under the radar, as far as they’re concerned. The Tenant Participation Advisory Service for Wales Cymru told the committee that some tenants that are living in areas where suspension is in place are under the impression that it would have to be lifted at some point in time when they could then exercise their right if they wanted to. Well, obviously, they’re sorely mistaken in that expectation, and I think we should remember what many people out there would think the commonsense position to be. TPAS also said that when the right to buy was suspended in those areas, the abolition discussion wasn’t there then.
|
|||
[36] So, in terms of fairness and consistency across Wales, some consideration should be given to that 12-month period to equally apply to all tenants. Ultimately, Chair, this is a question of fairness, and, where these decisions on suspension have been taken, it was for five years, and not to abolish the right completely. And I do think that it would be a very brutal form of law making if we overrode those interests.
|
|||
[37] John Griffiths: David, do you wish to proceed to a vote on amendment 21?
|
|||
[38] David Melding: I do.
|
|||
[39] John Griffiths: If amendment 21 is not agreed, amendments 26, 28, 16 and 19 fall. The question is that amendment 21 be agreed. Does any Member object? [Objection.] I will therefore take a vote by show of hands. The question is that amendment 21 be agreed. Those in favour, please raise your hands. Those against, please raise your hands. There is no room for any abstentions.
|
|||
[40] David Melding: Chair, can I just say for clarity that there’ll be no purpose in me moving amendment 32 as a result of that decision?
|
|||
[41] John Griffiths: No, okay. So, in relation to amendment 21, there voted two in favour and six against. The amendment is therefore not agreed.
|
|||
Gwelliant 21: O blaid 2, Yn erbyn 6, Ymatal
0.
|
|||
O blaid:
|
Yn erbyn:
|
Ymatal:
|
|
Bennett, Gareth
|
Griffiths, John
|
|
|
Gwrthodwyd gwelliant 21
|
|||
Methodd gwelliannau 26, 28, 16 ac 19.
|
|||
Grŵp 2: Cyfnod
Diddymu (Gwelliannau 22, 31, 17)
|
|||
[42] John Griffiths: Group 2 relates to the abolition period. The lead amendment in the group is amendment 22 in the name of David Melding. I call on David Melding to move amendment 22 and speak to his amendment and other amendments in this group.
|
|||
Cynigiwyd gwelliant 22 (David Melding).
|
|||
[43] David Melding: Thank you once again, Chair. Amendment 22, the lead amendment in this group, has been submitted with the intention of limiting the Act’s operation to 10 years, following which Welsh Ministers may lay regulations proposing that the abolition is made permanent. Those regulations would be made subject to the affirmative resolution, and so would require a vote in the Assembly. Both amendments 31 and 17 are consequential to the lead amendment and its implementation.
|
|||
[44] Chair, the Welsh Conservatives have submitted several alternatives and have given constructive options regarding reforming the right to buy, because we recognise that it has provided valuable opportunities for many thousands of families throughout Wales, but it is a policy that’s several decades old, so some form of reform, which is being followed in England, of course, would be appropriate. Such alternative options have included reforming the receipts system so that it operates on a like-for-like basis—I think that would be very welcome—or, indeed, even amending the right to buy so that new builds are exempt from the policy until they’ve had social rented tenancies for a certain minimum time.
|
|||
[45] I’ve not been able to persuade the Government—that I very much regret—so the purpose of this amendment is at least to urge the Government to reflect after a 10-year period. It’s a form of hard-wired post-legislative scrutiny, in many ways, Chair, and we’ve designed this so that the law doesn’t lapse, but it would require a positive vote, which I think is a constructive way of doing it. So, you wouldn’t have to legislate again; you would just make the case and bring in the regulations.
|
|||
[46] I do believe it’s only after we’ve had a full period of evaluation, and those that believe it’s going to have a profound effect on the housing stock—then we can work through the evidence. I mean, I have my doubts on that, but obviously I accept the sincerity of the Members that have raised that point as being decisive in their view. We could then examine the actual position and whether the right to buy should be abolished for a longer period or permanently.
|
|||
[47] Indeed, in fairness to him, in the Stage 1 discussions, the Minister himself said he was not in principle or ideologically against the right to buy, and that he would even consider some sort of sunset clause. He did slightly undermine that by suggesting 30 or more years, which is a pretty long day as far as I’m concerned and would defeat the purpose of this amendment. So, that’s why I’ve brought in a 10-year period after which we would have that profound post-legislative scrutiny and then a vote in the Assembly as to whether we want the Act to continue or not. I believe this is a very sensible safety valve, given how radical the proposals are, and I’ve already referred to the fact that we’re likely to create two categories of tenants, which I think is very regrettable: big, big changes to people’s life chances, and therefore I think a 10-year period is appropriate for reflection. I so move.
|
|||
[48] John Griffiths: Are there other Members who wish to speak? Joyce Watson.
|
|||
[49] Joyce Watson: I respect the eloquence and thought that David has put into his statement, but I’m not going to support him. The reason that I’m not going to support him is because there are other avenues. I understand that people want to own their home, where that is possible, and there are other avenues that we’ve put forward for individuals to do that. As somebody who does represent a very, very large area of Wales, what I see around me, very often, under the exercised right to buy and right to acquire are private landlords now sitting in those properties, and the rents being proportionately higher than their neighbours’. I don’t think that that is fair or that is equal either.
|
|||
[50] My principal objection to almost stating that you’re going to put this legislation in for 10 years is to give the same false hope that David is arguing against by his first group of amendments—that it was time limited. And here we are again proposing to do something that could be time limited. I think, really, that is the main reason why I can’t, in any way at all, support this amendment.
|
|||
[51] John Griffiths: Sian Gwenllian.
|
|||
[52] Sian Gwenllian: Nid wyf i, chwaith, yn gallu derbyn y gwelliant yma. Mewn gwirionedd, mi fyddai’n bosibl newid y ddeddfwriaeth unrhyw bryd drwy ddod â deddfwriaeth wahanol i mewn. Mewn ffordd, mae hynny’n gryfach na gosod rheoliadau, achos mi fyddai yna fwy o gyfle i graffu ar y ddeddfwriaeth yn hytrach na dod â rheoliadau i mewn. Felly, nid wyf i’n gweld, hyd yn oed os ydych chi yn erbyn y Bil yma, fod hwn yn cryfhau’r sefyllfa.
|
Sian Gwenllian: I can’t support this amendment either. In reality, it would be possible to amend the legislation at any point by introducing alternative legislation. In a way, that would be stronger than making regulations, because there would be further opportunities to scrutinise that legislation rather than doing it though regulations. So, I don’t see that, even if you are opposed to this Bill, this strengthens the position in any way.
|
||
[53] Jest gair ynglŷn â chreu dau gategori o denantiaid. Wel, un categori o denantiaid fydd yna ar ôl i’r Ddeddf yma fynd drwodd; bydd pawb yn yr un un sefyllfa, felly nid wyf i’n deall y ddadl yna chwaith. Diolch.
|
Just a few words on the creation of two categories of tenants. Well, there’ll be a single category of tenants once this legislation is passed; everyone will be in the same situation, so I simply don’t understand the rationale there, either.
|
||
[54] John Griffiths: Rhianon Passmore.
|
|||
[55] Rhianon Passmore: Thank you, Chair. Notwithstanding David Melding’s right of advocacy around the points that he made earlier, I think this amendment purely seeks to delay and diminish the abolition. In terms of what that means, as has already been stated—I don’t wish to repeat previous points—that obviously then hampers and adds to a diminishing social housing stock. Thank you.
|
|||
[56] John Griffiths: Okay. I call on the Cabinet Secretary to speak.
|
|||
[57] Carl Sargeant: Thank you, Chair. Amendment 22 undermines the Bill’s aim to abolish the right to buy permanently, which the National Assembly approved in the general principles debate in July. Our manifesto and that, indeed, of Plaid Cymru’s were very clear in relation to permanent abolition and not a temporary suspension across Wales.
|
|||
[58] Can I address the points of David Melding’s comments? While David is absolutely right that he’s unable to table any wrecking amendments to a Bill—it would be out of scope—he can certainly get close to that, and I would suggest that his group 1 and group 2 actually fly in the face of each other. David argued the case that he would require a temporary suspension in certain areas and, in this argument here, he’s completely the opposite; he’s trying to lift this. Well, is he suggesting, from group 1, if they’d have been successful, we’d have lifted the temporary abolition and then had a 10-year grace period for people to still purchase properties? Taken as a whole, this amendment doesn’t work and seeks to undermine the Bill as a whole.
|
|||
[59] Can I just pick up on some of the language that David uses as well in terms of fairness? Surely, it’s not fair to be unable to access a decent home for people in our communities, and this is what this Bill would protect. Also, as to the words that David used, from the heart, of ‘hard-done-by tenants’, again, I think the tenants who have properties are probably the lucky ones. Actually, it’s the people who can’t access properties who are the ones who are hard done by. Therefore, I will continue, with the support of the Plaid Cymru group and Labour Members, to ensure that, as set out in our manifesto, we complete the process of the abolition of the right to buy and the right to acquire.
|
|||
[60] John Griffiths: I call on David Melding to reply to the debate.
|
|||
[61] David Melding: Thank you, Chair and I thank Members who’ve taken part in the discussion. Joyce thinks that the 10-year period that the Act—if it were an Act—would operate before there needs to be an affirmative vote and a resolution in the Assembly would create false hope. So that, I think, undermines the other arguments that we heard that, somehow, I’m trying to wreck the Bill, because abolition clearly would occur and it would continue if it was the will of the Assembly. I’m asking the Assembly to reflect on the operation of this Act, should it become an Act, and then have an affirmative vote. I do not think that that is unreasonable on such a fundamental piece of law, which has such a direct effect on so many people.
|
|||
[62] I do politely point out that it is what happens in the suspension legislation under the 2011 Measure, so there is a huge precedent there for this approach to apply. So, I don’t have much sympathy with some of these criticisms.
|
|||
09:45
|
|||
[63] Sian said that the appropriate approach would just be to repeal the right to buy Act if it was viewed after 10 years, or whenever, that it no longer fulfilled the public interest. That would require the full legislative process and would be open to a Government, but why not have wired into really important legislation this ability to adapt, change our mind potentially, take evidence, without then having to go through a full and heavy load of repealing legislation? It is a more flexible approach in this very, very vital and changing area, and there is a lot of precedent that legislation is time limited or then requires an affirmative vote. I mean, this is not an irregular or peculiar procedure, and therefore I think it ought to be seriously considered.
|
|||
[64] Sian did then refer back to my earlier arguments about two classes of tenants. There are two classes of tenants regarding abolition: one has never had any right of exercising for a short period their right before it ends; and then one, albeit a larger category, would have that right. That is a fundamental difference, and it clearly creates two classes of tenants. And, you know, I think it is a very brutal argument, frankly, to say that once abolition comes into force everywhere, then they’re all in the same category. Well, they are then, but in the lead up to it, when their rights are being removed, they are not, and I would have thought that’s the material factor.
|
|||
[65] Rhianon says the amendment delays and hampers. Well, it doesn’t delay it. The abolition would occur if this was the will of the Assembly and the Act came in. It doesn’t hamper it at all; it would proceed under the terms of the Act, only, after 10 years, there would be, as I said, the review.
|
|||
[66] Now, the Minister thinks this is a wrecking amendment. Well, I do have precedent on my side in terms of it being an approach that is used on fundamental legislation often involving people’s rights. And there’s been a whole shift to post-legislative scrutiny. Many, many reports have urged these approaches, both here and in Westminster—the House of Lords, et cetera. So, I think, in terms of good law making, efficient law making, I have very powerful arguments.
|
|||
[67] Then, the rest of the response, really, from the Minister, is about the bigger need, which is the right to housing. Well, I completely agree that is the bigger need, and I have challenged you to accept the alternative projection and raise our house building to around about 12,000 new homes a year from the current target of 8,700, which we haven’t met for many years—10 years, I think, from memory. You know, that’s the problem. And I do accept that it’s not just the Labour Party that stands to be criticised here. The previous administrations have also not kept up, really, with housing projection or demand, and that’s what we need to be doing. We need to be building more homes, and to confuse that vast amount of housing need that we need to make good by house building with the 300 or 400 right-to-buy purchases each year at the moment is incongruous, in my view.
|
|||
[68] Can I just say that my approach has had some support, I think. During Stage 1, Steve Clarke stated,
|
|||
[69] ‘In our consultation of 2015, and our joint statement with TPAS Cymru…100% of tenants agreed that Welsh Government needed to do more to increase social housing supply.’
|
|||
[70] I completely agree with that. He went on:
|
|||
[71] ‘In those consultations, 60 per cent of tenants stated they did not want to see an end to RTB but’—
|
|||
[72] in fairness—
|
|||
[73] ‘supported restrictions on discounts and temporary suspension where there was a demonstrated need.’
|
|||
[74] So, I think a temporary approach clearly would find support amongst some tenants at the very least. These tenants want more house building and, I think, would prefer alternative solutions that really radically affect the number of family homes and other homes that we are likely to provide between now and 2030, which is the period of the current projections. I do not see the Government’s approach as being very, very effective, but I realise that you have proceeded through Stage 1 and, in principle, that this appears to be the view of the Assembly, that they want to go in this direction. But there are many, many arguments on the other side. Therefore, I urge a period of 10 years after which there would be a review. We could then see the evidence and make our final conclusion. I so move.
|
|||
[75] John Griffiths: Okay. I think David has indicated that he wishes to proceed to a vote on amendment 22. If amendment 22 is not agreed, amendment 17 falls. The question is that amendment 22 be agreed. Does any Member object? [Objection.] I will therefore take a vote by show of hands. The question is that amendment 22 be agreed. Those in favour, please raise your hands. Those against, please raise your hands. And there are no abstentions. In relation to amendment 22, there voted two in favour and six against. The amendment is, therefore, not agreed.
|
|||
Gwelliant 22: O blaid 2, Yn erbyn 6,
Ymatal 0.
|
||
O blaid:
|
Yn erbyn:
|
Ymatal:
|
Bennet, Gareth |
Griffiths, John |
|
Gwrthodwyd gwelliant 22.
|
||
Methodd gwelliant 17.
|
||
Grŵp 3:
Technegol a Drafftio
(Gwelliannau 2, 3, 4, 15)
|
||
[76] John Griffiths: Group 3 is technical and drafting amendments. The lead amendment in the group is amendment 2 in the name of the Cabinet Secretary.
|
||
Cynigiwyd gwelliant 2 (Carl Sargeant).
|
||
[77] John Griffiths: I move amendment 2 in the name of the Cabinet Secretary and call on the Cabinet Secretary to speak to his amendment and the other amendments in this group.
|
||
[78] Carl Sargeant: Thank you, Cadeirydd. These amendments are technical amendments. The effect of amendment 15 is to make a minor technical change to wording in section 11. The amendments do not make a substantive change to the provisions, and I ask Members to support these amendments.
|
||
[79] John Griffiths: Are there other Members who wish to speak? There is no debate to reply to, Cabinet Secretary, but is there anything further you would wish to say?
|
||
[80] Carl Sargeant: No.
|
||
[81] John Griffiths: No. You wish to proceed to a vote on amendment 2.
|
||
[82] Carl Sargeant: Yes, please.
|
||
[83] John Griffiths: The question is that amendment 2 be agreed. Does any Member object? Amendment 2 is therefore agreed.
|
||
Derbyniwyd gwelliant 2 yn unol â
Rheol Sefydlog 17.34. |
||
Cynigiwyd gwelliant 3 (Carl Sargeant).
|
||
[84] John Griffiths: I move amendment 3 in the name of the Cabinet Secretary. The question is that amendment 3 be agreed. Does any Member object? Amendment 3 is agreed.
|
||
Derbyniwyd gwelliant 3 yn unol â
Rheol Sefydlog 17.34. |
||
Cynigiwyd gwelliant 4 (Carl Sargeant).
|
||
[85] John Griffiths: I move amendment 4 in the name of the Cabinet Secretary. The question is that amendment 4 be agreed. Does any Member object? Amendment 4 is agreed.
|
||
Derbyniwyd gwelliant 4 yn unol â
Rheol Sefydlog 17.34. |
||
[86] John Griffiths: David, I believe you indicated that you do not now wish to move amendment 31.
|
||
[87] David Melding: That’s correct.
|
||
[88] John Griffiths: That’s correct—
|
||
[89] David Melding: I think I said, maybe in error—32 I said, but I should have said after the vote on 22 that 31 is—. There is no point in me moving that, so I don’t so move.
|
||
[90] John Griffiths: Okay. Does any Member wish to move amendment 31, in accordance with Standing Order 26.65? No. The amendment is not moved.
|
||
Ni chynigiwyd gwelliant 31 (David
Melding).
|
||
[91] John Griffiths: So, David, you also indicated then you do not wish to move amendment 32. Does any Member wish to move amendment 32, in accordance with Standing Order 26.65? No. Well, the amendment, then, is not moved.
|
||
Ni chynigiwyd gwelliant 32 (David
Melding).
|
||
Grŵp 4: Cyfyngiad ar y Pŵer i Amrywio’r Disgownt
(Gwelliannau 23, 19, 18)
|
||
[92] John Griffiths: Group 4 relates to a restriction on the power of Welsh Ministers to vary the discount available under the right to buy. The lead amendment in the group is amendment 23 in the name of David Melding. I call on David Melding to move amendment 23 and speak to his amendment and other amendments in this group.
|
||
Cynigiwyd gwelliant 23 (David Melding).
|
||
[93] David Melding: Thank you, Chair. Amendment 23 is the lead amendment, as you said, and its purpose is to protect the discount that is available to tenants when they’re purchasing their home under the right to buy. Tenants that are exercising the right to buy and the right to acquire may currently receive a maximum discount of £8,000 on their purchase. This amendment ensures that the Welsh Ministers may not reduce the discount below this level during the period of grace when tenants may still exercise the right to buy. Additionally, amendments 29 and 18 are both consequential to that lead amendment.
|
[94] In proposing this amendment—. Obviously, if this Bill does become law, I do think it’s appropriate for the Welsh Government to show good grace during the period of grace and not alter the current level of the discount, which has already been substantially reduced anyway. And then I do think that would leave those who are in a position and have formed an intention to exercise their right to do so. Unless we do this, I feel it would be a further erosion of the current option that some people may have to exercise for the last time their right to buy. I so move.
|
[95] John Griffiths: Okay. Are there other Members who wish to speak? Jenny Rathbone.
|
[96] Jenny Rathbone: I’d just like to probe David Melding for the thinking behind this amendment, because I’m not aware of any proposal to reduce the discount by any amount, so to stick with the status quo. But, were that to be the case, you could see the circumstances in which councils desperate for additional revenue might argue that this was another way in which they could raise revenue. But, given that the price of the house is going to be considerably more than £8,000, the discount is there, but under what circumstances do you think that we would need to protect this in law?
|
[97] John Griffiths: Okay. There are no other Members indicating. I call on the Cabinet Secretary to speak.
|
[98] Carl Sargeant: Thank you, Llywydd. Of all the amendments David Melding has put down, this is one I’m more relaxed about in terms of the principle, even though I will not be supporting it today, and I’ll explain why to the Member. Obviously, the Welsh Government set out its approach to this—a two-stage approach on the right to buy—in the White Paper of 2015. The first was reducing the discount from £16,000 to £8,000 via secondary legislation made in July, and the second stage was to bring forward primary legislation on abolishing right to buy and right to acquire via this Bill.
|
[99] The whole process of reduction is a lengthy period of consultation, and therefore, subject to this Bill moving forward, the consultation time to consider a reduction would be probably matched by the implementation of the Bill, so therefore irrelevant. Actually, if there was a purpose for doing this, we probably wouldn’t have time to do it in the first place on the basis of the introduction of the Bill.
|
[100] I am certainly sympathetic to Jenny Rathbone’s concerns regarding the issue of further reductions. David, in his comments earlier, suggested that the principle of selling a property and building one was something that he would support. Indeed, I wouldn’t have objections to that either. However, what we do know is that the sale of a property under the right to buy, including discounted properties, does not give us the amount of money to build a new property like for like. And indeed, in England, the provision has been evidenced that many properties are sold before one is rebuilt, and therefore the financial aspect of this doesn’t stack up either. So, timeline and financial difficulties do not lend themselves to this amendment, but I am not opposed to what the Member is trying to do, but, in practical terms, it wouldn’t work either.
|
[101] John Griffiths: Okay. I call on David Melding to reply to the debate.
|
[102] David Melding: First of all, I infer from what Jenny said that she doesn’t think it’s likely that the current discount will be removed. I’m slightly confused as to what the Minister has said, because he started by saying that he was very relaxed about the amendment, and I thought he was then going to say that the Welsh Government has no intention of reducing the discount. And if he’s—
|
[103] Carl Sargeant: That’s right.
|
[104] David Melding: Well, as he’s said that, I think I can withdraw the amendment, then, if that—. If it’s on the record.
|
[105] John Griffiths: It would be helpful I think if there was clarification of that—
|
[106] Carl Sargeant: Yes, I’m happy—. We have no intention of making a reduction in the period up to abolition.
|
[107] David Melding: I withdraw the amendment.
|
[108] John Griffiths: Okay. Does any Member object to the withdrawal of amendment 23? Okay, no Member objects—the amendment is withdrawn.
|