Secure Tenancies (Victims of Domestic Abuse) Bill

Debate between Heather Wheeler and Sarah Champion

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

[Mrs Wheeler]

Sadly, I think the hon. Lady has misunderstood what the Bill is about. Funding for refuges and other supported housing will be dealt with by 2020 in a different vehicle.

New clause 1 calls for a review into the potential for co-operation between local authorities in England and local authorities in Wales, Scotland and Northern Ireland to include consideration of the scope to extend the provisions of the Bill to apply across the UK. I entirely understand that there will be situations in which someone wishes to escape from one part of the UK to another to get away from an abusive relationship, perhaps to put a safe distance between themselves and their abusive partner, or to move back to where their family and support networks are. I sympathise with the broad intention behind this proposal to increase co-operation between England and the devolved Administrations, and I appreciate that there will be strong support for it. This issue was raised in Committee and also during the passage of the Bill through the Lords. However, I do not believe that this Bill is the appropriate vehicle to achieve that co-operation.

Nor would it be appropriate or necessary to seek to examine the possibility of extending the Bill to make changes to the legislation covering social tenancies in the devolved nations. I do not need to remind hon. Members that housing is a devolved matter. That means that it is for local authorities—or the Housing Executive in the case of Northern Ireland—and social landlords in each part of the UK to decide whether to allow access to social housing and what type of tenancy to grant, in accordance with the law that operates in that country.

[Sarah Champion (Rotherham) (Lab)]

It sounds as though the Minister has set her face against amendment 1. Would she consider issuing guidance to local authorities on this issue?

[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.