Homelessness Reduction Bill

Debate between Andy Slaughter and Michael Tomlinson

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th January 2017 Commons Chamber

[Andy Slaughter]

It is a pleasure to open today’s proceedings on this important Bill that, if passed, will mark a sea change in the way in which homelessness is treated in this country. This is a rare creature—a private Member’s Bill with a hope of success. I should not tempt fate this early in proceedings, but I cannot see the usual suspects sitting behind the hon. Member for Harrow East (Bob Blackman), the promoter of the Bill, so I am already encouraged.

I think that the Bill has support from all parties. Importantly it has the support of the Government; otherwise, I suspect that we would not have got this far. We should not forget the good work that the Communities and Local Government Committee and its Chair have done in support of the Bill. I also pay tribute to the promoter of the Bill, who now knows more about the intricacies of homelessness law than he perhaps ever wanted to.

There are matters still to be resolved but—and I say this advisedly—I hope that, as far as this House is concerned, they can all be resolved this morning. For my part, I do not intend to go on at length. Although certain important matters need to be covered, I hope that in the time we have available today, the Bill will be able to complete all its stages.

Let me be clear from the outset that I do not intend to press new clauses 2 and 3 to a Division. I am hopeful that when the Minister speaks, I will hear words that will encourage me not to press new clause 1. One interesting feature of the Bill has been that we have had constructive discussions about it—outside the Committee, of course; not in it, as that would not be at all appropriate. My last email to the Minister was sent at about 11 pm last night. I appreciate that that might have been past his bedtime and he has not had time to respond, but we are getting where we want to go.

New clause 1 deals with perhaps the central unresolved issue, which relates not to the content of the Bill— we will come to that when we consider the Government’s amendments—but to its implementation and, in particular, whether the resources that the Government have set aside are sufficient. New clauses 2 and 3 are also important because they address what stands behind the Bill—the fact that legislation of itself will not tackle the homelessness crisis. To be fair to the promoter of the Bill, he has at all stages said that that that is the case, and he repeated it in his article that has been published on PoliticsHome.com this morning. I appreciate that, but we cannot look at the Bill in a vacuum; we have to look at the surrounding circumstances. Nothing illustrates that better than the figures on rough sleeping that were released two days ago, which revealed a shocking 16% increase year on year. More than 4,000 people are now sleeping rough on the streets of the UK. One rough sleeper is one too many, and what should alarm the House in particular is the fact this is a crisis that does not need to exist.

Under the previous Labour Government, rough sleeping fell by three quarters, because of direct Government intervention and co-ordination with not only local authorities, but the many fine homelessness charities, which also stand behind the Bill. This crisis is solvable, but the fact that street homelessness has gone up by more than 130% since 2010—under the coalition Government and now under this Government—really should shame the Government. We are here to pass an important Bill, but that does not get them off the hook.

I must strike one small note of discord: we do not want this to become a battle about who is more in favour of the Bill. The promoter’s article mentioned the danger of the Bill being delayed because of our new clauses. There must be a lot of confused pots and kettles out there, given that the Government have tabled 21 complicated amendments that no one would wish to consider on Report—they should have been taken in Committee. I am hopeful that we can deal with them, but the point is that it is not unreasonable or irrational for the Opposition to take a little time to debate important principles.

In Committee, Government Members spoke for two and a half times as long as Opposition Members. I realise that there were one or two more of them, unfortunately—

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Will the hon. Gentleman give way?

[Andy Slaughter]

In a moment.

We all—even I—must sometimes curb our prolixity, and we were very disciplined in Committee. We withdrew many new clauses and amendments before the Christmas break to speed the passage of the Bill. Even though my colleagues in Committee had huge expertise and a lot to say, we were very disciplined. I wish that I could say the same for the Minister and Government Back Benchers, including the hon. Member for Mid Dorset and North Poole (Michael Tomlinson).

[Michael Tomlinson]

It was a great pleasure to serve in Committee with the hon. Gentleman. I am delighted to hear that he is still in favour of the Bill and that it still attracts cross-party support. Today he can rely on my discipline and, I am sure, that of all colleagues to ensure that the Bill goes through.

[Andy Slaughter]

Excellent. I am sure that those rousing words will be followed by action. That might even be the last we hear from the hon. Gentleman today.

I do not want to labour the point, but we should have been able to get through the Bill in less time, notwithstanding the fact that it is an important and, for a private Member’s Bill, quite long Bill. It is considerably longer than the Bill that we will debate next week, although I suspect our consideration of that one will take rather longer.

It is regrettable that this Bill spent so long in Committee, but we know why it did: the Government were filibustering in order to keep the parliamentary boundaries Bill, which is promoted by my hon. Friend the Member for North West Durham (Pat Glass), out of Committee. I am not saying that we do not all play these tricks from time to time; I am just saying that we should not start pointing the finger over who is to blame for delaying the Bill, and instead get on with this now.

I want to deal with the point about money. Right at the beginning of our Committee stage, the Minister said, “I hope to tell you before the end of Committee how much money there will be.” The Government gave a welcome commitment to fund the additional costs fully—there will be substantial additional costs on local authorities, and under the new burdens doctrine, the money has to come from central Government—but we waited week after week with bated breath to find out what money there would be. He kept his promise—just—and at the last moment, some money came forward. It was not a negligible sum: about £48 million over two years. However, that amount must be compared with the sensible estimates from individual local authorities and their collective bodies, such as the Local Government Association and London Councils. For example, while £37 million or £38 million has been set aside for the first year of the Bill’s implementation, London Councils estimates that the cost will be about £160 million. There is therefore a massive disparity in the figures.

--- Later in debate ---

[Andy Slaughter]

My hon. Friend is absolutely right. However, the problem is clearly greater in some areas than in others. The precedent for the Bill is legislation passed by the Labour-run Government of Wales, which has already been successful: there have been substantial falls in homelessness. Of course there are parts of Wales where there is a real crisis, as there are in the rest of the United Kingdom, but there are also hotspots, and the big cities, particularly London, are hotspots.

We cannot rely on the example of Wales. It is still possible in many Welsh authorities for accommodation to be made available to people including those who are not in priority need. In London boroughs—and, I suspect, in my hon. Friend’s constituency and many others—that opportunity disappeared years ago, and the reverse is now the case. We spent some time in Committee talking about the disgraceful attitude of Westminster Council, which is sending its homeless people quite literally to Coventry, and I fear that other boroughs are doing exactly the same. That is the difficulty with which we are grappling.

I am not going to labour the point. We want assurances, which we believe new clause 1 would deliver, that the full funding of the Bill’s implementation by local authorities for which my hon. Friend the Member for Wirral West (Margaret Greenwood) has rightly asked will be provided. Yes, the Government have made a start, and, yes, I think that we shall hear more about money today, given that some of the Government amendments will involve additional costs. We are pleased with what has been done so far, but we must have that funding, because otherwise the Bill will fail, and local authorities will be in an even more parlous state.

Let me now deal briefly with new clauses 2 and 3. We could have tabled a great many more new clauses illustrating the same point, which is that the Bill’s provisions cannot be seen in a vacuum. We all welcome the greater concentration on prevention to which the hon. Member for Enfield, Southgate (Mr Burrowes) referred, and we also welcome the new relief duties requiring local authorities to assist homeless people who are not in priority need. However, the pattern of homelessness is utterly bleak, and that is a perfect storm which, I am afraid, derives from the Government’s own actions or inactions.

The first problem, as the new clauses make clear, is the crisis in the private rented sector. The huge inflation in rents over the past few years has meant that many private landlords take advantage of the “no fault” eviction process for which the Housing Act 1988 provides. They say to people, “You are on benefit, and I can get a higher rent from someone else”, or they simply say, “I want a different tenant and I do not have to give any reason, so off you go.” Provided that the payments are in order, the consequence of that swift process, with no argument to the contrary, is that many thousands of people present themselves to local authorities as homeless. I believe that more than 40% of homelessness cases are caused by private sector evictions, with all the misery that they bring.

Again, however, the problem is not insoluble. The inclusion of new clauses 2 and 3 would make a significant difference. This is a modest proposal. I am suggesting that if there were longer tenancies—three-year tenancies—and if, within the period of those tenancies, there were controls over the levels of rent increases, we would end the present chaotic market in evictions in which landlords bid against each other.

[Michael Tomlinson]

I am grateful to the hon. Gentleman for highlighting this point. I will pass over the typo in line four of his new clause 2 and simply ask: does he remember from the Bill Committee that the average length of tenancies was in fact four years, yet in his new clause 2 he refers merely to three years? Does he not accept that there also needs to be a balance, to encourage sufficient landlords?

Homelessness Reduction Bill (Seventh sitting)

Debate between Andy Slaughter and Michael Tomlinson

Committee Debate: 7th sitting: House of Commons
Wednesday 18th January 2017 Public Bill Committees

[Andy Slaughter]

I gave way to the Minister because he was so insistent that I thought he had something new to say.

Supply is an issue, and so is security. We know—Government Members have said it today—that the biggest cause of homelessness is ending private sector tenancies, because of the opportunity for “no fault” possession and because of rising rents and landlord attitudes. Our very sensible and moderate proposals for longer tenancies and for controlling rents would be a major way of controlling homelessness. The Government cannot ignore their own actions in relation to local housing allowance, the benefit cap and all the measures that we have heard mentioned today. I pray in aid Westminster City Council and other Conservative authorities, which are saying that they cannot cope because of the additional pressures that the Government are putting on them. Those pressures go right across the board for local authorities.

I will not labour the point. I simply say that the Government need to take a holistic approach and say, “Yes, of course we want the Bill’s provisions to work and we want to fund them properly.” However, we cannot do only that. We have to look at where the accommodation is going to be, at why people are increasingly coming to local authorities—there has been a substantial, 40% increase in the use of temporary accommodation over the last four years—and at the effects of other policies that are directly contrary to the intentions behind the Bill. I put that on the record. The question of money relates not just to the specific matters raised in the Bill, but to how the system works as a whole. At the moment the system is creaking incredibly. It is not getting better; it is getting worse.

[Michael Tomlinson]

I begin by picking up on one or two points from the hon. Member for Hammersmith. On a positive, optimistic note, let me start by saying what I agree with in his analysis of clause 1. He mentioned several other forms of tenancies, such as less secure tenancies; perhaps he could also have mentioned licences or those that are subject to a notice to quit rather than the more strict section 21 notice or court procedure. I agree with his analysis on that point. There are a wide range of tenancies that could have been encompassed within the clause but are not. I suspect that his analysis is right: that that is because of the sheer difficulty of juggling all the different potential tenancies. Look at the different Acts that we have to deal with, and that he had to deal with when in practice: the 1980, 1985, 1988 and 1996 Acts, all with varying levels and layers of interplay. I suspect that is why we find clause 1 drafted as it is.

I agree, to that extent, that as drafted and certainly as amended, the clause does not encompass a wide range of different forms of tenancy, especially those less secure. I will come back to section 8 and its interplay with section 21. However, I take issue with the hon. Gentleman and other Opposition Members on criticising and being too antagonistic towards no-fault notices and that regime. I agree that it is desirable to have as long-form tenancies as possible and I was heartened by the Minister’s submission that confirmed that the average tenancy is four years. The Minister is nodding, so I heard that correctly.

Of course, that is not the whole picture but four years is a significant period. My concern, if no-fault tenancies are simply swept aside or undermined, is that landlords and potential landlords will be put off purchasing and letting out properties, so we would be in a worse position. That is a concern that the hon. Member for Hammersmith and his colleagues should look out for if they seek to undermine no-fault tenancies and those who are, on the whole, perfectly good, decent landlords, as we heard this morning. I will pick up later the points the hon. Gentleman raised on finances and his self-professed pessimistic view on life. I will encourage him to have a slightly rosier view by the time my speech finishes. Whether I succeed is another story. I see he is busy looking at his papers.

I start with sounding alarm bells on what the Minister mentioned in relation to finance of further potential burdens on local authorities. I mentioned earlier that I had had meetings with East Dorset District Council. My constituency covers three local authorities—East Dorset, Purbeck and Poole—and each will be concerned about additional burdens if additional resources do not match them.

I want to come back to finances but I was heartened by the reassurance that, if there are to be further amendments—as we understand there will be on Report—there will be an opportunity for additional funding. I simply ask that the Minister, as he has done at this stage, gives an early indication when the new clause is considered on Report of the level of funding he assesses as necessary.

I support the principle of clause 1 but my concern relates to notices given under section 8 of the Housing Act 1988. Although amendment 17 looks like it offers a neat proposal, in fact it sweeps away any reference to a valid notice being given under section 8. The Minister began to give an explanation of why notices given under section 8 are to be swept away, but I fear he did not give us as complete an answer as he may or should have done.

Section 8 notices are important. As the hon. Member for Hammersmith noted, section 21 notices are no-fault notices, whereas section 8 notices are given where there has been fault, where there has been a breach of a tenancy agreement. Section 8 notices are divided into two parts: mandatory and discretionary. If an allegation that a tenant has breached a mandatory obligation is proved, a judge as of right will give a possession order. That is the mandatory part of the notices given under section 8. If it is an allegation under the discretionary part, there is discretion as to whether a judge would make an order for possession. I therefore fear that throwing all section 8 notices out might not have been as wise a move as it looked, because what section 8 and section 21 notices have in common—at least partly—is that they may inevitably lead to a possession order.

Although I note the reasons that the Minister gave for keeping section 21 notices in—they are mandatory, and it is all but likely that they will lead to a possession order in any event—those reasons also apply to the mandatory part of notices given under section 8. Take arrears of rent: if there are two months’ worth of arrears, both when the notice is issued and when the matter arrives at court, a possession order is mandatory, as it is in a no-fault procedure in relation to section 21.

However, I take on board what the hon. Member for Hammersmith said: there might still be a dispute about whether the correct notice has been given under section 21. I have stopped practising—I understand he has, too—but since October 2015, there has been a new regime for section 21 notices. They now have to be done on a mandatory form, whereas under the old system, when I was practising, there was no prescribed form for what a section 21 notice looked like.

I fear that throwing out all section 8 notices narrows things down too much, which is potentially unhelpful for those who inevitably will end up homeless. That is the thrust of clause 1 and why it has been devised: to help those who inevitably will end up homeless by inserting into section 175 of the Housing Act 1996 a change to the definition of homelessness. If it is inevitable that an individual—a tenant—will end up homeless, it is worth looking again at whether the mandatory parts of notices under section 8 should still fall into clause 1 as well.

We all want as many people helped as possible. I said I will come back to finance, but it is relevant in this instance as well. The more people who are helped earlier, the more it will help with the costs to them, local authorities, and housing associations or anyone who needs to take proceedings in court. It will also help in respect of the human cost. My understanding is that the clause’s intention is to help people who are inevitably going to end up homeless, so I ask the Minister and my hon. Friend the Member for Harrow East, the Bill’s promoter, to address this point: why have all section 8 notices been taken out, instead of retaining just the mandatory ones, where it is all but inevitable that a possession order will be granted?

I want to make a related point that shows the complexity of the Housing Acts. Perhaps at some stage a Government will be bold enough to look at a consolidation Bill—or perhaps not. Section 89 of the Housing Act 1980 is still in force. It relates to pleas of exceptional hardship, but that would only delay possession and not stop it. It is not a defence; it is only a mechanism to delay the inevitable. Even with that in place, it is still inevitable that people will be made homeless, and therefore help should be provided at the earliest opportunity.

Homelessness Reduction Bill (Sixth sitting)

Debate between Andy Slaughter and Michael Tomlinson

Committee Debate: 6th sitting: House of Commons
Wednesday 18th January 2017 Public Bill Committees

[Andy Slaughter]

I hear what the promoter is saying, but I am sure that it is not true, because the Committee had the services of my hon. Friend the Member for Westminster North. It is always dangerous to ask someone to stand in for you when they are more experienced, competent and knowledgeable on the subject, but there we are.

I will not be long on this clause. With all due respect to the promoter and the Minister, if we are to debate it all over again on Report, and we have yet to have the benefit of the amendments, I would rather wait and see what happens then. It is unfortunate that the Bill has had to be sliced in this way, and that we are jumping around from clause to clause. I understand that we all want to get it right, but it is not an ideal way to proceed, as will be clear when we come to clause 1. We Opposition Members will try to be as disciplined and organised as we can be, in order not to repeat ourselves or lengthen the debate more than is necessary, which is the guidance we have heard from Mr Chope as well.

Therefore, all I will say on clause 7 is that we do not oppose it; it is a necessary clause, because there has to be some sanction or limitation on the relationship between the applicant and the local authority. The key issue is getting the balance right. What is the balance? I pose the question, which may be better answered on Report, when we know the full extent of the clause. We are all familiar with the term “unreasonable”, but are perhaps less familiar with the term “deliberate”. There have been perfectly reasonable representations from both sides, if I can put it that way—from Shelter and from the Association of Housing Advice Services. One side of the argument is that it is essential that the bar is set very high, so that local authorities cannot evade their duty; on the other hand, the process must not be overly bureaucratic, or effectively provide no sanction because the applicant would be entitled to the same assistance as they would if they had not deliberately and unreasonably refused to co-operate. That question hangs in the air. As for the definition of “deliberate” and what might constitute that behaviour or how authorities would define it, that is a question that the Minister or the promoter may wish to deal with, although it may not be a matter for today.

I reserve any further comments. It is regrettable that we are doing this on Report. I remember having a conversation early on with the promoter, in which I said, “We might wish to table some clauses on Report,” and he said, “Can you please ensure that you do that in Committee, so that we have a clean run at Report and Third Reading?” I think I may have to table something on Report myself now; we will see.

[Michael Tomlinson]

The hon. Gentleman mentioned unreasonable behaviour. I completely take his point and agree with what he says, but in clause 7, there is a definition to help local authorities define what the characteristics of unreasonable behaviour would be. Would he anticipate, as I do, that that sort of subsection will be essential in any sort of rewriting, to ensure that the most vulnerable are protected?

[Andy Slaughter]

Yes, but “unreasonable” is a term with which we and, more importantly, the courts are familiar, if a matter has to reach that point. “Deliberate” is a rarer and higher standard, and that term gives me pause, but I think the consensus is that it needs to be there, because “unreasonable” is not sufficient. I only ask for a slightly clearer exemplification.

Homelessness Reduction Bill (Fourth sitting)

Debate between Andy Slaughter and Michael Tomlinson

Committee Debate: 4th sitting: House of Commons
Wednesday 14th December 2016 Public Bill Committees

[Andy Slaughter]

My hon. Friend makes a very good point. We will debate homelessness in the main Chamber later today. I raised the example of social care not only because it is another example, and perhaps the clearest example, of the pressures on local authority finance, but because these matters are linked, and the Government need to look at them in a linked-up way. I note that the Government pray in aid the Bill in their amendment to the Opposition motion. That is all very well, but it works only if there is a joined-up and funded response to the pressures local government is under in terms of social care, supported housing, rough sleeping and homelessness legislation.

[Michael Tomlinson]

Like the hon. Gentleman, I encouraged the Minister to spell out where the money is coming from during our first sitting. The hon. Gentleman also recognised in his opening speech to the Committee that this is not only about the human cost, and that there is potentially a cost saving through the measures. If the Bill works—we sincerely hope it does, which is why we are here—there will be a long-term cost saving. The hon. Gentleman has recognised that potential, but does he still?

[Andy Slaughter]

I recognise that more in relation to the duty on prevention, but I do not want to go back to the debate we had last week. We are now talking about measures local authorities will have to take to secure accommodation. It is ironic hearing that from Government Members: every time the Opposition have mentioned the idea of investing to save—we argued for investing in housing advice services to prevent homelessness, and argued against cuts to legal aid—we have received a dusty answer. I will be glad if the hon. Gentleman is a convert. There will be costs up front even if there are savings down the line—people will be less reliant on services when they are properly housed, or indeed when homelessness is prevented. The key is that there will be substantive up-front costs.

What stands behind the Bill even more than the funding of local authorities in their discharge of the process is the fact that most local housing authorities, and particularly those in high-stress areas, are not in a benign climate. We are not in a climate in which chief executives and council leaders can sit down and say, “The law’s changed. We’d better now implement this. When people come into our homeless persons unit, we need to take it much more seriously and treat them not only with compassion but with efficiency. We need to secure them accommodation to the best of our ability.” Unfortunately, as a direct consequence of Government policy over the past six years, we are in the most hostile climate to those ambitions being achieved. That is true in relation to finance, the now reduced benefit cap, the bedroom tax and the freeze on local housing allowance.

It is also true of the private rented sector. The Government and the Housing and Planning Minister restated that only last week or the week before. The sector appears to be implacably opposed to longer tenancies, which we wish to see, and as part of that contractual change, to controls on rent increases. As we know, the serving of section 21 notices is currently the single greatest cause of homelessness. About 30% of people turning up at local authorities homeless are there because a section 21 notice has been served. At least part of that could be resolved by reform of that process.

On the other side, we are at a 24-year low in terms of the building of social housing. We know that the Government still, for the time being—I hope they see sense on this as they have in relation to other measures in the Housing and Planning Act 2016—intend to pursue not only the sale of housing association properties but the funding of that by the sale of high-value local authority properties. My hon. Friend the Member for Westminster North will correct me if I am wrong, but I think in her authority that means that the vast majority of council homes would have to be sold over a period because they are of high value. That is true of about 50% of the homes in my borough.

How can we realistically say we want local authorities to take on a major extension of their duties in relation to the provision of housing? One way they could do it, which I believe has been done in Welsh authorities—we see that as a template for the Bill in many ways—is by the use of authorities’ own accommodation. Stresses on social housing in Wales are much less than they are in London and other places. If the Government are not building social homes and actively encouraging or enforcing their sale, how on earth will the objective of the clause be discharged?

[Michael Tomlinson]

We started off in Committee with cross-party consensus that we want change—consensus has been the basis of many of the Bill Committees I have sat on, but particularly this one. However, for the last two or three minutes, the hon. Gentleman has made party political points about the past six years. I hear those points, and we will come back to section 21 arguments when we look at new clause 1. Does he not recognise the good intentions of not only the Bill’s promoter but the Government in backing clause 5?

[Andy Slaughter]

The hon. Gentleman and I have not had the pleasure of serving on the same Committee before, so he will not recognise that I am pulling my punches considerably and have engaged consensus mode for the duration. The Bill’s promoter recognises that because we have been in this position many times before. Yes, my points are party political to the extent that his Government have got so much wrong in the provision of housing supply, particularly for people who need social housing and genuinely affordable housing. That must be addressed, but I have tried to put that in non-party political terms as a fact.

I have gone through, in a short period, a long list of issues that I believe are compounding the housing crisis at the bottom end. I am not sure whether the Minister is in a position to get up and gainsay that—he might have some other points to make in a sparring way. The hon. Member for Mid Dorset and North Poole is correct that there is not a great deal of point in getting into a long tennis match in Committee, but I want to put on record that we cannot pass the Bill with our eyes closed and say, “Once it exists as statute, everything will be resolved.”

Homelessness Reduction Bill (Third sitting)

Debate between Andy Slaughter and Michael Tomlinson

Committee Debate: 3rd sitting: House of Commons
Wednesday 7th December 2016 Public Bill Committees

[Andy Slaughter (Hammersmith) (Lab)]

Good morning, Mr Chope. It is good to see you in the Chair again.

The clause is uncontroversial and we support it. The objective of the clause, as we see it, is to give greater flexibility in the case of care leavers, particularly when there is a conflict between different authorities or different tiers of authorities within the same area. I gently point out to the Minister that that is exactly the point I tried to make with amendment 4, which he rejected. It may be that, in looking at the Bill again, he would like to see those provisions not only for care leavers but more generally, and for local authorities to consider what their duties are towards people presenting as homeless.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I will briefly pick up on one theme in relation to clause 8, which I support wholeheartedly. As the hon. Gentleman said, it is relatively uncontroversial, but it is worth teasing out a little.

Of course, care leavers are at particular risk of homelessness. I think of foster carers. There are many excellent foster carers across all of our constituencies. Foster carers and families that I can think of in Dorset, in particular, look after children from beyond the boundaries of Dorset, and the clause will help them and local authorities to avoid any confusion as to whether there is a local connection for those care leavers. That relates to foster carers in particular, but there are other examples. I believe that the clause is uncontroversial and should go through unamended.

--- Later in debate ---

[Andy Slaughter]

I shall be very brief. On reflection, I am not quite sure why I tabled the amendments, because they are rather interfering. I was trying to assist the Government with their drafting, which I am not sure is really my job. If I want to get a job as a parliamentary draftsman, I will go away and do so—perhaps I would be better remunerated.

The amendment is on a narrow but important point. The phrase I have suggested,

“such steps as it considers reasonable”,

is more common, clearer and more accurate. Let me be clear: the amendment is not in any way designed to weaken the Bill, but to make the duties on local authorities more specific. There would obviously still be the full power of judicial review of any decisions, but what is being reviewed is the conduct of the local authority—whether it is behaving reasonably.

The applicants may want to say all sorts of things—they may be reasonable or unreasonable, or here or there—but we need to be clear about what we are reviewing. This perhaps relates back to clause 9. If we are going to have new powers and duties and a power to review—of course, that will include not only recourse to the county court, which will be the first point of recourse, but in certain circumstances recourse to the administrative court—we need to be clear about what we are reviewing. That is the purpose of the amendment. It is slightly technical in nature, and I thought the Government might be keen on it, but my hopes are no longer as high as they were a few moments ago, so we will see.

[Michael Tomlinson]

Perhaps the hon. Gentleman gave the game away when he stood up and said he could not quite work out why he had tabled the amendments. It is always helpful to have those indications at the outset of a speech. When I looked at the amendments last night, I found I was scratching my head trying to work out what difference they would make. The hon. Gentleman’s explanatory statement asserts:

“The local authority should decide what steps it should take, subject to the normal rules of public law and judicial review.”

With respect, it would have to do that in any event. The amendments would not make a difference one way or the other.

I was interested to hear the hon. Gentleman say that the form of words he has come up with is more common than what is in the Bill. Like him, I have come across housing cases in a court setting. In my view, it makes no odds whether the provision says “reasonable steps” or “such steps as it considers reasonable.” In any event, the local authority would have to follow the normal rules of public law and judicial review. I have enjoyed this close examination of the difference—or lack thereof—between the wordings, but there is precious little between the two.

Homelessness Reduction Bill (Second sitting)

Debate between Andy Slaughter and Michael Tomlinson

Committee Debate: 2nd sitting: House of Commons
Wednesday 30th November 2016 Public Bill Committees

[Andy Slaughter]

Before I speak to the amendments in my name, may I briefly express my support for the amendment tabled by the Chair of the Communities and Local Government Committee, my hon. Friend the Member for Sheffield South East? I am surprised that Government Members are not prepared to support it; I ask the Bill’s promoter to encourage his colleagues to do so. Although the hon. Member for Colchester is absolutely right that there is case law and guidance on locality, it is fair to say that it is often more honoured in the breach than in the observance. The consequence is a lot of unnecessary litigation, where advice and lawyers are available to assist with it, and a lot of work. My office spends a huge amount of time on this issue, trying to persuade local authorities not to move people out of the area or to bring them back after they have been moved, when it has proved impossible for the family to continue to live as they did before.

I had a case in my surgery this week in which a family with three children were living in temporary accommodation that was so poor, with damp and disrepair, that the local authority needed to move them somewhere else. There is nowhere available in the borough at the moment, so it is seeking to move them outside London. All the kids are in local schools. My view was that the family had been in temporary accommodation for 10 years in a variety of places, so surely the solution was to find them permanent accommodation. That just showed that I am not completely in touch with everything that goes on, because my senior caseworker said that it is not exceptional now for people to spend 10 years in temporary accommodation. That gives a little insight into the real problems that occur, particularly in London boroughs but elsewhere too. That point needs to be emphasised, so I strongly support what my hon. Friend said.

Let me deal briefly with the amendments standing in my name. I entirely accept that I am placing those additional burdens on local authorities that I warned against about an hour ago. That is why I am particularly keen to hear the Minister come forward with his bag of cash at the earliest opportunity. Nevertheless, if we are to legislate for the long term, we need to make clear what we expect housing authorities to do.

[Michael Tomlinson]

I am grateful to the hon. Gentleman for giving way, and I am delighted by the smile on his face as he presents his amendments. Does he not see that, as drafted, the obligation on local authorities is so wide that they would have to look across multiple different authorities in order to fulfil it? I think he notes that by his smile. Is this not just placing unreasonable burdens on our local authorities?