Tenant Fees Bill

Debate between Lord Kennedy of Southwark and Lord Haskel

Monday 5th November 2018 Grand Committee

[The Deputy Chairman of Committees (Lord Haskel) (Lab)]

If Amendment 9 is agreed, I cannot call Amendment 10 because of pre-emption.

[Lord Kennedy of Southwark]

My Lords, Amendment 9, moved by the noble Lord, Lord Shipley, as we have heard from him, seeks to put the guidance issued by the enforcement authority on a statutory footing. That is a very good idea. It gives clarity and certainty, which is missing from what is proposed by the Government at present: guidance not backed up by anything at all. It is proposed to make this guidance statutory via the negative resolution procedure, which I think is right in these circumstances.

Amendment 10 in my name proposes to do exactly the same thing in slightly different wording. As I said on a previous group, I was pleased to receive the guidance on Friday, before Committee stage. I am aware that the Government have consulted various stakeholders over the past few months. It would be good to understand, when the Minister responds to this debate, what the status of the guidance we already have is. Does he expect it to change much more when it is finally agreed, or does he think it is just about there? Is further consultation expected? I very much share the view of the Delegated Powers and Regulatory Reform Committee. Making draft guidance available is good, but that is insufficient to remove the need for guidance to be made subject to parliamentary scrutiny under the negative procedure. It is important that both Houses look at this stuff in detail and are able to discuss it and say what they believe is right and wrong. We have come back to the guidance a number of times—we will keep coming back to this—and I just do not accept that guidance not backed up by regulation is sufficient. There is always this risk that it has no legal status. It can just be ignored, as well as adhered to. I look forward to the Minister’s comments on this.