Secure Tenancies (Victims of Domestic Abuse) Bill

Debate between Heather Wheeler and John Redwood

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 8th May 2018 Commons Chamber

[Mrs Wheeler]

That will certainly be part of the package, yes. I will read out the letter as well, because that is the killer punch.

It is likely that most victims who flee from one part of the UK to another to escape domestic abuse and who are in need of housing would apply to a local authority for assistance on the basis that they were homeless. Homelessness legislation will provide a safety net for victims fleeing domestic abuse, even when they flee across national borders, but Wales, Scotland and Northern Ireland have their own homelessness legislation. That means that there may be differences of approach in accordance with the requirements of each devolved area. For example, local authorities in Wales, as in England, may discharge their duty to rehouse using the private rented sector.

The purpose of the Bill is to remove an impediment that might prevent someone who suffers domestic abuse from leaving their abusive situation in England when the provisions under the Housing and Planning Act 2016 come into force. The Act applies only to England. A victim of abuse in another part of the UK will not face the same impediment to fleeing their situation for fear of losing their lifetime tenancy. For example, if someone in Scotland were to flee to another council district within Scotland, the second local authority would grant them a lifetime tenancy if and when they were rehoused.

[John Redwood]

When I asked the hon. Member for Great Grimsby (Melanie Onn) whether there was a way of overriding the devolved Administrations, she did not seem to understand the question properly, so I am glad that the Minister is explaining that that cannot be done. It is interesting that the Opposition’s amendment 3 expressly states that it applies only to England; whoever drafted their amendments probably did understand the point that the Minister is making.

[Mrs Wheeler]

Parliamentary drafting is not an easy task, which is why people with greyer hair than mine do the job and I do not. I thank my right hon. Friend for making the situation quite clear.

The commencement of the Housing and Planning Act 2016 does not change the situation. I do not believe that it would be appropriate to include a duty in the Bill—which applies in England only—to consider the potential for amending legislation in other parts of the UK. Parliament has already decided that this area of law should be devolved, so it does not seem right to have an amendment that appears to assume that the Secretary of State has some responsibility for it in relation to the devolved Administrations. Clearly, victims of domestic abuse seeking to move from one part of the UK to another is a common issue in which all parts of the UK have an interest. However, owing to the differences in housing legislation across England and the devolved Administrations, a UK-wide provision in a Bill that is based on an Act that applies to England only is not the correct approach—I am getting to the nub of things now.

During the passage of the Bill in the other place, my hon. Friend the Minister gave a commitment to raise with colleagues in the devolved Administrations the concerns that have been expressed. I can confirm that Lord Bourne met his counterparts in the devolved Administrations on 19 April, and I am pleased to inform Members that he has since written to me to let me know that the devolved Administrations were supportive of the Bill. They have committed to reviewing the impact of the Bill once it comes into force and to let us know about any issues or concerns for victims of domestic abuse should they arise. The letter states:

“I am pleased to be able to inform you that the devolved administrations were supportive of the Bill and could find nothing in it to concern them. This is because they took the view that the Bill had no impact on the ability of social landlords to continue to grant tenancies in their own countries, and they will review the impact of the Bill, together with officials.”

I think that that says it all.

On a more technical note, new clause 1 would not work as currently drafted, because social housing is provided not through local authorities in Northern Ireland but through the Northern Ireland Housing Executive. For that and all the other reasons I have given, I do not consider the new clause to be appropriate or necessary, and I ask that it be withdrawn.

Amendment 1 aims to ensure that the requirement to grant a lifetime tenancy—should a new tenancy be offered—would still apply where the victim of domestic abuse applies to another local authority district to be re-housed. I sympathise entirely with the motivation behind the amendment, and I well understand that victims of domestic abuse may wish or indeed need to put a considerable distance between themselves and their abuser. The Bill is intended to protect all lifetime tenants who are victims of domestic abuse, not only those who need to move from their current home to escape abuse, but those who have already fled from their home. I entirely agree that it is vital that the Bill protects victims who have applied for housing assistance in another local authority district. That is partly why we amended the Bill in the other place to extend it to apply to those who, having fled their homes, may have lost their tenancy or their security of tenure.

We recognise that that may be particularly problematic for those who seek assistance in another local authority area, and I assure the shadow Minister that the Bill has been drafted with that issue in mind. Where the Bill refers to “a local housing authority”, it means that it applies to any and to every local authority in England, just as in the same way it applies to any tenant who has a lifetime local-authority or housing-association tenancy of a dwelling house anywhere in England and who needs to move from that house to escape domestic abuse. That is standard in legislative drafting practice, so local authorities should have no difficulty in understanding what it means. Any amendment to spell that out in the Bill would therefore be unnecessary and redundant.

Criminal Justice and Courts Bill

Debate between Heather Wheeler and John Redwood

Tuesday 17th June 2014 Commons Chamber

[Mr Redwood]

I beg to disagree. I entirely understand what the Government are trying to do. They are trying to warn certain potential users of judicial review that it is a fatuous process if it turns out that the original decision was perfectly reasonable, although there may have been some difficulties with the process. If too many decisions are subject to too much court examination continuously, it is often possible for a clever and well-paid lawyer to find something slightly inappropriate or questionable in the way in which a council or Government Department made a decision, although the decision itself was correct. It might be better if the money were not spent, and if the courts’ time were not taken up with applications when the position cannot be improved for a litigant who remains in dispute with the council or the Government, and who will not secure a reversal of the original agreement.

The bulk of the work to which the new clauses and amendment relate lies in the intricate and sometimes opaque drafting of new schedule 3, with which we non-lawyers are perhaps struggling a little. It is a complex piece of work, because it amends various pieces of underlying legislation. I have one or two queries with which the Minister may be able to help me, knowing as he does that I approve of what he is trying to do, and am merely trying to clarify some of the ways in which it would operate. For instance, I do not quite understand the logic of paragraph 4(7) of new schedule 3, which provides for new subsection (6) of section 288 of the Town and Country Planning Act 1990 to state:

“The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).”

That is not entirely similar to some of the other proceedings.

I am also interested in the timings. The period during which due consideration must take place seems generally to be specified as six weeks, but I wonder what the overall period will be when the High Court finds that the judicial review process should proceed. In the case of planning issues in particular, delay can impose complexity, blight and difficulty in the area involved, and if the end result is that the development goes ahead anyway, it becomes a real issue. I am sure that questions of timing and delay lie behind some of the work that the Government have been doing.

[Heather Wheeler]

I think that my right hon. Friend has hit on a very interesting point. It seems to me iniquitous to build in delay in cases in which the result could not have been changed in the first place. I hope that the Minister will be able to explain why he considers this to be such an important tidying-up mechanism.

[Mr Redwood]

I do wonder whether a period of six weeks is required. Presumably the proposal relates to a typical case in which those who are likely to object have followed the earlier processes of the application in great detail. After the original decision there may have been a planning appeal, and they will surely have all their arguments prepared and be ready to move before six weeks have passed. That period seems fairly generous in the circumstances. I wonder how much longer the process is likely to take, and how much High Court capacity there is for dealing with such cases expeditiously.

While I am keen to defend the green fields in my patch from inappropriate development, and am very accustomed to the techniques that we sometimes need to use for the purpose, I am also aware that we need land for building, and that people sometimes object to developments in certain locations that independent-minded people would deem perfectly reasonable. I suspect that in the case of applications of that kind, we might get into difficulties. I am pleased to see that you know exactly what I mean, Mr Deputy Speaker. When we seek to represent our constituencies, we all try to balance such considerations. I am strongly in favour of new growth and new development, but I am equally strongly against its taking place in certain localities where I would find it objectionable, as would many of my constituents.

Let me make two more brief points. I note that new schedule 3 proposes an amendment to the Planning (Hazardous Substances) Act 1990. It states, of course, that leave cannot be granted without the High Court’s approval, but I think that the main issue is whether it poses problems of a different kind, which, given that hazardous substances need to be controlled carefully, might make a more timely result even more crucial.

The new schedule also refers to the Planning and Compulsory Purchase Act 2004. Perhaps the Minister will tell us whether any different considerations apply when someone’s property is the subject of compulsory purchase. I would expect a higher standard of proof, and more rights for people to object, to apply when the estate or the council envisages a better use for land that they own than when a piece of land which is near to where they live, but which belongs to someone else, has been subject to various planning processes and the owner wishes to develop it. I think that those are slightly different cases, and that litigants should be given more protection when they are subject, under the Act, to a compulsory purchase to which they object or which they do not welcome.

I hope that the Minister will be able to clarify some of those points.