Homelessness Reduction Bill

Andy Burnham Excerpts

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

[Andy Burnham (Leigh) (Lab)]

I rise to support new clause 1. This is my first speech on this important Bill, so I congratulate the hon. Member for Harrow East (Bob Blackman) on introducing it. He has done so with great persuasion and has performed an important service for us all. I also congratulate both Front-Bench teams on working constructively to bring the Bill to this point.

I support the Bill but, as good as it goes, we will be kidding ourselves today if we leave this House, pat ourselves on the back and believe that the House has done everything that it could to tackle an emergency that is unfolding before our eyes. I chose to speak in today’s debate to reflect the rising concern among my constituents in Leigh—a concern that is shared widely in Greater Manchester—that an increasing number of people can be seen huddling in doorways across the region. People will not just walk on by; they do not accept that things have to be like this. Homelessness and rough sleeping are not inevitable facts of life in 2017. Our society is wealthy enough to ensure that nobody should spend a night without a roof over their head. We need new urgency on both sides of the House to bring forward appropriate action to address the situation.

If there is a problem with the Bill, it is that it goes nowhere near far enough to tackle the scale of the problem. It does not address the wider cross-governmental work that is necessary to provide an appropriate response. Let us take a reality check. The Minister will be aware of the figures that came out this week showing a 16% rise in rough sleeping over the past year—my hon. Friend the Member for Hammersmith (Andy Slaughter) referenced that in his opening remarks. Since 2010, rough sleeping has doubled across England and is increasing at an alarming rate. The problem is even worse in Greater Manchester, with a 41% increase in the past year across the 10 boroughs. According to local officials, that figure does not reflect the full picture. They believe that at least 300 people across Greater Manchester will spend tonight out on the streets. That is simply unacceptable, and I have not heard from the Government what they are doing about that. What are they doing now to help people find warmth and shelter?

As I said, the number of people rough sleeping has doubled, but the Bill will not reverse that trend and our eyes need to be open to that. I support new clause 1, because urgency is crucial in this debate. We need a clear commitment to review what is happening. I take the point of the hon. Member for Harrow East, but we all know that timetables shift after a Minister at the Dispatch Box commits to review something. The civil service will say, “We will review it in the autumn,” and that becomes the winter and then the spring. That is what happens, but it is not good enough. The problem is bigger than that. We need clarity and certainty. There should be a commitment to review how the legislation is working—both whether it is reducing homelessness and whether the Government are giving councils adequate funding.

For the reasons outlined by my hon. Friend the Member for West Ham (Lyn Brown) a moment ago, I do not believe that the funding is adequate. I differ from my Front-Bench team here in that I think the review should take place within one year. We need more urgency. Although I expect the Bill to have a modest but welcome impact on homelessness, I believe that an annual review would reveal that it goes nowhere near addressing the scale of the problem and that Government funding for councils is inadequate. We must remember that most of the funding comes next year and then reduces sharply in the year after. In the third year, there is nothing at all. I do not want to wait until the third year to find out whether the legislation is working. The review should be conducted within 12 months.

We need to hear much more from the Government. If they want to tackle homelessness and rough sleeping, there must be a cross-Government response. When Labour was in government, we established a rough sleepers unit, bringing together all the Departments with a role to play. I do not see that level of cross-Government working here. In addition to that commitment to work across Government, we need a clear ambition. What is the Government’s ambition on rough sleeping? I am not aware of one. Rough sleeping is increasing at an alarming rate, so what are they going to do about it? Will they reverse that trend? Will they make the same commitment that I have made in Greater Manchester that we should work to eradicate rough sleeping by 2020? [Interruption.] It is all very well the Minister looking the other way and talking to his colleagues, but what is he going to do about rough sleeping now and in the next few years? What is the Government’s ambition? Are they committed to reversing the increase? Will they go further and eliminate rough sleeping? We need to hear about that from the Minister today. I do not want to inject a partisan note into this debate, but we will be doing nobody any favours if we sit here today and think that the Bill, as good as it is, is enough. The Bill will not reverse the looming cuts to housing benefit.

[Michael Tomlinson]

The right hon. Gentleman admits that he did not sit on the Bill Committee and that he did not contribute on Second Reading. Had he done so, he would have seen the cross-party nature of proceedings. While I am sure that his points are relevant to new clauses 1, 2 and 3, they will not attract the same cross-party support that has to date been the nature of the Bill.

[Andy Burnham]

I hear what the hon. Gentleman is saying. There is cross-party support. I support the Bill—the hon. Member for Harrow East and the Government have my support today—but I am entitled to speak for the people who will be on the streets of Greater Manchester and the hon. Gentleman’s constituency tonight. I am entitled to give them a voice in this House. The Bill will not change their situation or reduce rough sleeping anytime soon, so who is speaking for them? It is unacceptable for the House to debate homelessness in a cosy way without facing the reality that rough sleeping is rising at an alarming rate. What is the Minister doing about that? The House and, more importantly, the people out there on the cold streets deserve an answer.

[Ms Buck]

I urge my right hon. Friend to pay little regard to the comments of the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) because, although he is absolutely correct that there was and is cross-party consensus on the provisions and the culture underpinning the Bill, which we want to see implemented, in Committee and on Second Reading virtually all the comments from Opposition Members have been that the wider context in which homelessness and rough sleeping exist, from universal credit to housing benefit cuts and housing supply, is going in reverse. It is absolutely right that we should draw attention to that.

[Andy Burnham]

My hon. Friend is absolutely right. The Bill focuses solely on the duties of local authorities, and we must remember that those local authorities are operating in the context of massive cuts to their budgets. We need to be honest with ourselves about whether they are going to be able to rise to the extra pressures that the Bill places on them.

As my hon. Friend says, the Bill will do nothing to reverse the cuts to housing benefits that are coming down the line, which many experts believe will make homelessness and rough sleeping worse. The Bill does nothing to reverse cuts to mental health services that are pushing more people out on to the street. The Bill does nothing to reverse the cuts to social care, which are having the same effect. The Bill does nothing to build more affordable housing.

I am sorry if that injects a note that the Minister does not quite like, but tough. I am here to say it because he needs a better response than the Bill. If he thinks this is it, it is simply not good enough. The Bill is a step in the right direction, but I am afraid that that is all it is. In Greater Manchester, working with my hon. Friend the Member for Bury South (Mr Lewis) and Councillor Beth Knowles from Manchester City Council, we are committing ourselves and our councils to trying to end rough sleeping. If we can do that at our level, the Government should at least do something at their level.

[Victoria Atkins (Louth and Horncastle) (Con)]

The briefing note from Crisis, the housing charity, says:

“Whilst we understand the intention behind these amendments we are very worried that, if pushed to a vote and passed, there would be further amendments in the Houses of Lords, leading to ‘Ping-pong’ between the two Houses. This could result in the Bill failing to receive Royal Assent before the end of the parliamentary session, thus killing the Bill.”

My reading of the briefing note is that Crisis would like the Bill to go through without these new clauses. Does the right hon. Gentleman have a view on that?

[Andy Burnham]

I have also read the briefing note from Crisis, and the hon. Lady will have seen that Crisis does not believe that the funding allocated to the Bill is adequate to meet the obligations that are being placed on local authorities, nor does it believe that the Bill will do anything to address the wider issue of housing benefits.

However, I accept the hon. Lady’s point. I have not come here today to do anything to disrupt the passage of the Bill. It would help everybody if the Bill contained a commitment to a review so that we all know where we stand and so that there is a degree of urgency about how the House is addressing this issue.

[Mr Marcus Jones]

I hear what the right hon. Gentleman is saying. I am slightly disappointed by his approach and by the important time he is taking up. It is a shame that he did not come to make these points on Second Reading. That said, he asked me the very serious question about what the Government are doing to help address the important issue of rough sleeping in Manchester. We have already announced more than £600,000[Official Report, 1 February 2017, Vol. 620, c. 3MC.] for a social impact bond in Greater Manchester to support entrenched rough sleepers who have the most complex needs. Does he not welcome the work that will be done by the Government and the Greater Manchester combined authority?

[Andy Burnham]

I will welcome every single thing the Minister does to address this problem and, yes, I welcome that funding. What I do not welcome is the alarming rise in rough sleeping on the streets of Greater Manchester. I am sorry if it is inconvenient for the Minister to hear this, but it is clearly right to put those concerns to him.

[Lyn Brown]

I was not going to say another word because I want the Bill to go through, but I am amazed by the Minister’s chutzpah in moaning about an excellent speech that is relevant and pertinent to the Bill, given that Government Members, week after week after week, talk out excellent Bills. If the Minister does not mind, I would like to listen to what my right hon. Friend has to say because it is actually pertinent, unlike the drivel we normally hear from Government Members week after week after week.

[Andy Burnham]

The Minister mentioned time. If the Government were making the Bill a priority, perhaps they would make time to debate these issues and to propose their own initiative. Instead, we have a debate on a Friday as a result of a private Member’s Bill. I will welcome anything the Minister does to address the issue, but I do not accept a cosy cross-party debate today when the number of people sleeping rough on our streets is increasing every single week. It is a bigger issue than just patting ourselves on the back. More needs to be done, and the Government need to set out today their ambition to cut rough sleeping in the next few years. That is why I am here today. I fully support the Bill, but let us be honest about what it is: a modest first step.

[Pauline Latham (Mid Derbyshire) (Con)]

It was interesting to listen to the right hon. Member for Leigh (Andy Burnham). If I did not know that he represents Leigh, I might have thought that he was standing for some position in Manchester.

I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on the effective way in which he has secured progress on such a sympathetic Bill on this compelling subject. One would hope that every debate in this place is worthwhile, but few issues are more significant than this Bill, which endeavours to ensure that no one has to endure sleeping rough on the streets of England, that no one has to face the frightening prospect of the lack of a roof over their head if nobody can put them up, and that no one has to be subject to the appalling mental and physical degradation that accompanies homelessness.

It is important to note that homelessness is not the same as rough sleeping, which the right hon. Member for Leigh perhaps misunderstands. We must not dismiss the plight of those who, although they might not be sleeping on the street, are plagued by anxiety and disquiet at that very real possibility. Britain is a developed nation with a strong economy, and I would be so bold as to say that I speak for everyone in this place when I say that it is shameful that so many people in our country are homeless. We must do all that we can to help them.

It is, of course, agonising to see somebody sleeping on the street, and it is even more concerning when we have freezing weather at this time of year, as we have faced in London this week, because a night out on the streets becomes even more unbearable than it is at the best of times. It is not possible to scrutinise the Bill effectively without understanding the complex nature of homelessness and just how extensive the problem is across the country. Quantifying homelessness is, in itself, an extremely difficult task. The way in which homelessness is recorded varies and, even if a unanimous method were both agreed and employed, the number might still be underestimated, as many people often sleep out of sight, moving from place to place.

Indeed, because of the appalling physical abuse to which rough sleepers, particularly women, are subjected, many actively try to leave places where they can be spotted. Despite that difficulty, Government statistics show that 4,134 people slept rough on any one night across England in 2016. Shockingly, that is more than double the number recorded in 2010. In London alone, local agencies report that 8,096 people slept rough in 2015-16, a 6% rise on the previous year.

[Andy Burnham]

The figures showing the rise since 2010 are shocking. Does the hon. Lady think that her Government are doing enough to tackle rough sleeping?

[Pauline Latham]

The Government are trying to tackle rough sleeping, which is not an easy subject to address. The fact that they are allowing the Bill to go through shows that they are taking it seriously.

--- Later in debate ---

[Mr Jones]

We discussed that issue in some detail in Committee, so I am not going to go into great detail today, but the law is clear on placements out of borough. The Government are absolutely certain that we want that law to be observed, particularly in relation to making sure that councils look at people’s circumstances—such as where children go to school and where people work—before they make any decisions that may affect a particular family.

[Andy Burnham]

The Minister spoke a moment ago about successful implementation and a review to check that it has been achieved. Part of that success is about the bureaucracy—the successful implementation of the powers and provision of the money required so that local authorities can discharge their functions—but, as new clause 1 says, it is also about the effect the legislation has on actually reducing homelessness. Before he moves on, will he tell us what the Government’s objective is and what test they are setting themselves with respect to reducing both rough sleeping and homelessness by 2020? We can judge then whether they have been successful.

[Mr Jones]

We have set out a significant determination to reduce both rough sleeping and homelessness in general. Nobody should ever have to spend the night on the street, and it is regrettable that that is currently the case, but the Government are absolutely determined to ensure that nobody has to sleep rough. It is a complex matter, as I am sure the right hon. Gentleman is well aware. Some of the things we are doing will have a significant impact. For example, there is a challenge in getting people moved from hostel accommodation into an intermediate position, before they are able to go into accommodation of their own. We are bringing forward £100 million for move-on accommodation, for which a bidding process will open very shortly. I hope that, in the spirit of the Bill, the right hon. Gentleman will acknowledge that the Government are not resting on their laurels and do not see the Bill as the be all and end all to deal with homelessness and rough sleeping, which we take very seriously. We are doing a whole package of things to try to improve the situation for people.

If accepted, under new clause 2 private sector landlords would not be able to rely on the no fault ground for possession, known as section 21, within the first three years of a tenancy, if the termination of a tenancy would result in a tenant becoming homeless. Landlords, and in many cases tenants, welcome the flexibility of the current assured shorthold tenancy regime, which does not lock the parties into long-term commitments, and promotes mobility. Without the certainty that landlords can seek repossession of their property when required, perhaps for their own family to live in, many would be reluctant to let their properties. The unwanted outcome would be landlords withdrawing from the market, which would not help landlords or indeed tenants.

Before assured shorthold tenancies were introduced under the Housing Act 1988, the private rental market was in decline. Regulated rents made being a landlord simply not commercially viable for many property owners, but since 1988 the private rented sector has increased steadily, growing from just over 9% of the market in 1988 to 19% today. The current framework strikes the right balance between the rights of landlords and tenants, and our efforts should be focused on encouraging a voluntary approach to longer tenancies for those who want them.

With those points in mind, I hope that the hon. Member for Hammersmith will follow through on the comments that he made at the start of the debate and withdraw new clause 2.

--- Later in debate ---

[Andy Burnham]

The hon. Gentleman says that the protections are in place for applicants. Amendment 2 guarantees a tenancy of at least six months. As I understand it, that is a reduction in the current level, which is at least 12 months. I am not saying that this is necessarily wrong, but I would like him to comment on it. Often, because of the complexity in their life, people at least need security in their tenancy so that they can sort out other problems that they may have. Is six months really long enough? Might it not lead to repeat homelessness as people do not have that longer-term security behind them?

[Bob Blackman]

This has been discussed during the Select Committee’s homelessness inquiry, in the Bill Committee, and during our debates not only in this place but outside it with the various organisations involved. I am very keen that tenancies should be longer than six months, but I am also mindful of the fact that we do not want to get to a point whereby we reduce the amount of accommodation that could be available for people in this vulnerable group. I am equally certain that we do not want to get to a point, as we could have done during some of the debates, where we have an unrighteous circle, as it were, of people becoming homeless, being put in accommodation by a local authority, their tenancy coming to an end, and back they go to being homeless—it just becomes a repeat cycle. We are all committed to wanting to end that cycle. We do not get the opportunity to change legislation on homelessness very often. As I said, it has been 40 years since such legislation was introduced. We therefore want to put in the minimum standards so that, if necessary, the law can be changed by regulation to increase the period. We want a bare minimum to start with.

[Andy Burnham]

I hear what the hon. Gentleman says, and I accept that we would see six months as a minimum, but why cap it at 12 months in the amendment? If we want a minimum standard, that is fine, but why put an upper limit on it?

[Bob Blackman]

The Minister will explain that when he winds up. In certain clauses, there is provision for 12-month tenancies, and during our debates we reduced the position to six months with a cap of 12 months. The right hon. Gentleman should remember, though, that a variety of duties are addressed in the Bill: the relief duty, the prevent duty, and the duty owed to priority-need applicants. The predominant aim has always been not to place priority-need families in a worse position than they would otherwise have been facing.

--- Later in debate ---

I thank not only the RLA and the LGA, but the various charities that have made a contribution. I also thank my hon. Friend for his patience and my officials for working tirelessly and at all hours to tie things up with various organisations and to achieve a good outcome.

[Andy Burnham]

On Government amendment 2, which I asked the hon. Member for Harrow East (Bob Blackman) about, why cap the tenancy at 12 months? That seems to encourage local authorities to offer shorter-term tenancies, rather than making standard offers of longer-term tenancies. The Select Committee did not recommend a 12-month cap, so why have the Government inserted such a provision?

[Mr Jones]

If the right hon. Gentleman will forgive me, I will make the points that I was going to make and then I will directly address his point.

The hon. Member for Hammersmith mentioned Shelter’s concerns about clause 1. I assure him that we reached agreement with Shelter and other organisations that the clause would be acceptable before it was drafted and before the amendments were tabled. He also mentioned costs, about which we had a long debate in Committee. I note that he has been reassured by comments today, given his willingness to withdraw new clause 1. I undertook to consider further amendments and, once the Bill has been amended, I will be more than willing to share with the House what the additional costs will be.

I hope that the right hon. Member for Leigh (Andy Burnham) will be reassured that there is no upper limit. The reference to 12 months means that the minimum length of tenancy can be increased to 12 months through regulations. Basically, if the rental market changed and we were in a position to change legislation to reflect a 12-month rather than six-month tenancy, that provision would give us the flexibility to do so. It does not put a maximum cap on the tenancy that can be secured. If a local authority is able to secure a three-year tenancy because that is what a landlord is offering, people who were homeless or at risk of homelessness would be able to take up that offer of a longer tenancy. I hope that that reassures him.

I thank my hon. Friend—I nearly went too far. I am not sure that “hon. Friend” would be the right term, bearing in mind that I have another appearance before the Select Committee on Monday, but I thank the hon. Member for Sheffield South East (Mr Betts) for the part that he has played on the Committee. I thank him and the hon. Member for Hammersmith, as well as other Members, especially the hon. Member for Dulwich and West Norwood (Helen Hayes), for the work that they have been willing to do behind the scenes to get the Bill to this point.

The hon. Member for Sheffield South East talked about the code of guidance, and it is critical that we get that right. As he knows, the code of guidance will be updated. The Bill includes a commitment to put that before the House, and we will work with the LGA on that code to ensure that we get it as right as we can. As my hon. Friend the Member for Harrow East pointed out, the Bill contains powers to put in place a code of practice, so the Secretary of State can reinforce any existing legislation through regulations, or introduce new regulations.

There is a positive consensus across the House that the amendments will improve the Bill and make it more workable.

Amendment 1 agreed to.

Amendments made: 2, page 6, line 11, after “accommodation” insert

“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”

This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.

Amendment 3, page 6, line 22, at end insert—

‘(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””—(Mr Marcus Jones.)

This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.

Clause 5

Duties owed to those who are homeless

Amendments made: 4, page 7, line 45, after “accommodation” insert

“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”

This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.

Amendment 5, page 8, line 9, at end insert—

‘(9) The duty under subsection (2) can also be brought to an end under—

(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or

(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””

This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.

Amendment 6, page 8, line 18, leave out paragraph (a) and insert—

“(a) for subsection (1) substitute—

(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.

(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or

(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—

(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”;”

See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.

Amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert

““pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”

See amendments 6 and 8.

Amendment 8, page 8, line 27, at end insert “;

() for subsection (3) substitute—

“(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.

(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.

But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.””.—(Mr Marcus Jones.)

This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).

Clause 6

Duties to help to secure accommodation

Amendment made: 9, page 11, leave out lines 14 to 16 and insert—

‘(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”. —(Mr Marcus Jones.)

This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.

Clause 7

Deliberate and unreasonable refusal to co-operate: duty upon giving of notice