Lindsay Hoyle
Main Page: Lindsay Hoyle (Speaker - Chorley)
Simon Hughes
The right hon. Gentleman is of course correct. He knows that as well as anybody, because it was his plan that the Government were delivering on. Liberal Democrats wanted devolution to London, but we were not sold on that model, which is why we still—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. May I just say that we need to get back to dealing with the new clause? We are having a history lesson in the Chamber. As interesting as that is, other people are waiting to speak. I am sure that the right hon. Gentleman now wishes to address the new clause.
Simon Hughes
I stand rebuked, Mr Deputy Speaker. I was tempted by the right hon. Gentleman, but I will not be any more. I will make a few more comments, and then sit down.
The next issue is how exactly the transfer of powers back to London will work. It is certainly right that, as the Bill proposes, we get rid of the London function of the Homes and Communities Agency, which is a quango, and transfer it to a democratically elected Mayor answerable to the 25 elected members of the London assembly. That is a good thing. It is also certainly right that the Government abolish the Government office for London. There is no need for a Government office for London as well as a Mayor, a London assembly and a Greater London authority. All those policies are heading in the right direction.
We now need to solve the further dilemma of how we strike the right balance between London-wide decisions, which are perfectly proper, and the interests of the boroughs. I understand that there is still some unresolved tension in that regard. My colleagues on the London assembly and across London think that, on balance, the Government are heading in the right direction, so today, although obviously the hon. Member for Lewisham East is entitled to make her case, we cannot support her. However, I do not want her to take that to mean that there are not further conversations to be had. Obviously the Bill will go to the House of Lords, and there will be opportunities to look at these things afresh.
I am hopeful that today’s debate will flag up the need to ensure—I am happy to have further conversations with colleagues about this—that the new architecture is the right architecture. I heard clearly what the Minister said about the Mayor’s power being subject to the two-thirds support of the London assembly, and I agree that that amounts to a requirement for a cross-party endorsement or cross-party veto. That will be a welcome control mechanism. I do not criticise the fact that the representatives, particularly the constituency representatives, should be able to speak for their constituencies, including for the borough councils within those constituencies, which is one of their jobs.
Mr Deputy Speaker (Mr Lindsay Hoyle)
I ask the Serjeant at Arms to investigate the delay in the No Lobby.
The Parliamentary Under-Secretary of State for Communities and Local Government (Andrew Stunell)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
New clause 3—Disestablishment of an arm’s length management organisation—
‘Schedule [Disestablishment of an arm’s length management organisation] has effect.’.
New clause 24—Landlord notification of succession of tenancy—
‘In Schedule 2, Part 3, Ground 16, sub-paragraph (b) of the Housing Act 1985, after “date”, insert “on which the landlord was notified”’.
New clause 25—Recovery of a tenancy granted on ineligible grounds—
‘In section 167(8) of the Housing Act 1996, after “scheme”, insert “and any allocation which is not in accordance with the allocation scheme shall be void and shall not give rise to a tenancy”’.
New clause 26—Housing co-operatives—
‘(1) Schedule 14 of the Housing Act 2004 is amended as follows.
(2) In paragraph 6 insert new sub-paragraph—
“(3) This paragraph does apply to any building which is owned by a fully mutual co-operative housing association as defined by section 1(2) of the Housing Associations Act 1985, the management of which is undertaken by general meeting.”.’.
Amendment 273, in clause 123, page 108, line 11, after ‘1985)’, insert
‘or who have been owed such duties at any time within the previous five years’.
Amendment 360, in clause 124, page 110, line 37, Clause 124, leave out ‘two’ and insert ‘five’.
Amendment 270, page 110, line 39, at end insert—
‘(7A) In subsection (7AC) at end, insert—
“(d) In so far as reasonably practicable, the private rented sector offer must be within the local housing authority’s district.”’.
Amendment 269, in clause 125, page 111, line 33, at end insert—
‘(2A) Omit section 190 and replace with—
“190 Duties to persons becoming homeless intentionally or who are not in priority need.
(1) This section applies where the local housing authority is satisfied that an applicant is homeless and is eligible for assistance but are also satisfied that he became homeless intentionally.
(2) The local authority must—
(a) secure that accommodation is available for his occupation for such period as it considers will give him a reasonable opportunity of securing accommodation for his occupation, and
(b) provide him with (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation becomes available for his occupation.
(3) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b).
(4) The advice and assistance provided under subsection (2)(b) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).”.
(2B) Omit section 192.’.
Amendment 274, page 111, line 39, leave out ‘two’ and insert ‘five’.
Amendment 275, page 112, line 12, leave out ‘two’ and insert ‘five’.
Amendment 276, page 112, line 34, leave out subsection (6).
Amendment 361, in clause 126, page 113, line 15, at end insert—
‘(1A) In preparing its tenancy strategy a local authority must ensure that to the greatest extent possible, tenancies granted in its area provide security of tenure so as to support and develop stable and confident communities.’.
Amendment 363, page 114, line 19, leave out clause 128.
Amendment 13, page 114, line 36, leave out clause 130.
Amendment 271, in clause 130, page 115, line 7, at end insert—
‘(2A) Subsection (2) shall not apply to a secure tenancy if immediately before the tenancy was granted the person who became the tenant under the tenancy, or in the case of joint tenants, one or more of them was—
(a) a secure tenant of the same or another dwelling-house, or
(b) an assured tenant of a private registered provider of social housing or a registered social
landlord (otherwise than under an assured shorthold tenancy) in respect of the same or
another dwelling-house.’.
Amendment 272, page 116, line 33, leave out from beginning to end of line 30 on page 117 and insert—
‘sections 83 to 85A of the Housing Act 1985 shall apply equally to Flexible Tenancies and references to secure tenancies in those sections shall be read accordingly.’.
Amendment 362, page 116, line 33, after ‘Subject’, insert
‘to the discretion of the court, in circumstances where the tenant has made representations against the granting of possession, not to make an order if it considers that order disproportionate, and subject’.
Amendment 14, page 118, line 19, leave out clause 131.
Amendment 277, in clause 134, page 121, line 36 at end insert—
‘(c) or P is another member of the tenant’s family and has resided with the tenant
throughout the period of 12 months ending with the tenant’s death.’.
Government amendments 191 to 203.
Amendment 364, page 128, line 35, leave out clause 148.
Government amendment 204
Amendment 278, page 130, line 18 leave out clause 153.
New clause 23—Litter deposited from motor vehicles—
‘In Part IV of the Environmental Protection Act 1990 (litter etc) in section 87 (offence of leaving litter) after subsection (7) insert—
“(8) Where litter is deposited from a motor vehicle, the person in charge of the vehicle shall, for the purposes of subsection (1) above, be treated as having deposited the litter whether or not he gave any instructions for this to be done.
(9) The registered keeper of a vehicle shall, for the purposes of subsection (8) above, be deemed to be the person in charge of the vehicle unless within twenty one days of receipt of the summons for an offence prosecuted by virtue of subsection (8) above the registered keeper provides in writing to the prosecutor notification of such identifying details as are available to him of any other person he claims to have been the person in charge of the vehicle at the relevant time.
(10) For the purposes of subsection (8) above a constable or an authorised officer of a principal litter authority may by notice in writing served on him, require any person to furnish such information specified in the notice as may reasonably be required to ascertain the person in charge of the vehicle at the relevant time, in such form and within such period, being not less than fourteen days following service of the notice, as is so specified.
(11) It is an offence for a person, without reasonable excuse to fail to comply with any requirement imposed under subsection (10) above.”’.
New clause 33—Street litter notices—
‘(1) In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 93(2) after “unoccupied” insert “or where there is multiple occupancy”.
(2) In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 94(1)(a) omit “commercial or retail premises” and insert “premium other than dwellings”.
New clause 38—Protection of businesses and non-domestic users of buildings from complaints—
‘(1) The Environmental Protection Act 1990 is amended as follows.
(2) After section 80(2) insert—
2AA (1) Except that a local authority must not issue an abatement notice to a business, place of worship or other non-domestic user of land for a statutory nuisance falling within section 79(1)(g) if the following conditions are met.
(2) The first condition is that the relevant premises was already in use for the same purpose at the time when the complainant became a local resident, and that such use resulted in a similar noise, and a similar level of noise, at that time.
(3) The second condition is that use of the relevant premises complies with the planning permission for that land and other legislation in force.”.’.
New schedule 1—‘Disestablishment of an arm’s length management organisation—
1 This Schedule applies to the disestablishment of an arm’s length management organisation (ALMO) by a local authority as a result of which responsibility for the management for housing previously managed by the ALMO is transferred to the local authority.
2 (1) The Secretary of State shall not entertain an application for his or her consent to the disestablishment of an ALMO and a transfer of management to which this Schedule applies unless the authority certify either—
(a) that the requirements of paragraph 3 as to consultation have been complied with, or
(b) that the requirements of that paragraph as to consultation have been complied with except in relation to tenants expected to have vacated the dwelling-house in question before the transfer;
and the certificate shall be accompanied by a copy of the notices given by the authority in accordance with that paragraph.
(2) Where the certificate is in the latter form, the Secretary of State shall not determine the application until the authority certify as regards the tenants originally consulted—
(a) that they have vacated the dwelling-house in question, or
(b) that the requirements of paragraph 3 as to consultation have been complied with;
and a certificate under sub-sub-paragraph (b) shall be accompanied by a copy of the notices given by the authority in accordance with paragraph 3.
Requirements as to consultation
3 (1) The requirements as to consultation referred to above are as follows.
(2) The authority shall serve notice in writing on each tenant informing him or her of—
(a) such details of their proposal as the authority consider appropriate, but including the identity of the person to whom the transfer is to be made;
(b) the likely consequences of the transfer for the tenant, and
(c) the effect of the provisions of this Schedule and informing the tenant that he or she may, within such reasonable period as may be specified in the notice, make representations to the authority.
(3) The authority shall consider any representations made to them within that period and shall serve a further written notice on the tenant informing him or her—
(a) of any significant changes in their proposal, and
(b) that the tenant may within such period as is specified (which must be at least 28 days after the service of the notice) communicate to the Secretary of State his or her objection to the proposal,
and informing him or her of the effect of paragraph 4.
(4) When a notice has been served under sub-paragraph (3) the authority shall arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish whether or not the tenants wish the transfer to proceed.
(5) The authority shall—
(a) make arrangements for such person as they consider appropriate to conduct the ballot in such manner as that person considers appropriate; or
(b) conduct the ballot themselves.
(6) After the ballot has been held the authority shall serve a notice on each tenant (whether or not he or she voted in the ballot) informing the tenant—
(a) of the ballot result; and
(b) if the authority intend to proceed with the transfer, that the tenant may within 28 days after the service of the notice make representations to the Secretary of State or (as the case may be) the Welsh Ministers.
Consent to be withheld if majority of tenants are opposed
4 (1) The Secretary of State shall not give his or her consent if the result of a ballot arranged under paragraph 3(4) shows that a majority of the tenants of the dwelling-houses to which the application relates who voted in the ballot do not wish the transfer to proceed; but this does not affect his or her general discretion to refuse consent on grounds relating to whether a transfer has the support of the tenants or on any other ground.
(2) In making this decision the Secretary of State may have regard to any information available to him or her; and the local authority shall give him or her such information as to the representations made to them by tenants and others; and other relevant matters, as he or she may require.’.
Government amendments 221, 222, 224 to 252, 256, 257, 259 to 262, 267 and 268.
Andrew Stunell
The Bill brings forward a package of reforms to social housing. Taken together, they strengthen localism, giving greater flexibility to local authorities and to social landlords in providing the needed housing and the right basic safeguards for tenants. The provisions will allow landlords to make better use of resources, allocating existing homes more sensibly, making sure that support is better focused and providing the right basic safeguards for tenants.
The Bill’s provisions include: giving back to local authorities the freedom to determine who should qualify to go on the housing waiting list; new flexible tenancies in addition to, rather than replacing, secure and assured tenancies for council and registered social landlord tenants; flexibility to meet the homelessness duty with an offer of accommodation in the private rented sector; and, perhaps most popular of all, replacing the unpopular housing revenue account subsidy with a devolved system of self-financing.
New clause 19 relates to that, ensuring that the Secretary of State may continue to enter into agreements with local authorities to determine that specified new homes be exempt from the requirement that most of the receipts from any sale under the right to buy should be surrendered to central Government. This will help remove obstacles to local authorities investing their own resources in new homes. To be clear, new clause 19 preserves an existing relaxation in the rule that requires 75% of receipts to be paid to the Treasury in certain circumstances.
The Government are also taking the opportunity at this stage to make technical improvements with regard to flexible tenure and succession, which I would like briefly to outline. Amendments 202 and 203 exclude shared ownership leases from the landlord repairing obligation, in line with established practice and policy.
Amendments 191 to 201 are needed to rectify drafting errors in clauses 134 and 135, which deal with succession rights. They clarify the original intention that where there has not already been a succession, someone who is not a spouse or partner can succeed where there is an express term in the tenancy agreement to allow it.
The Opposition have tabled a number of amendments. Proposals for social housing reform proved to be one of the more contentious areas of the Bill in Committee, with strongly held views often reflecting points of principle. That is reflected in Opposition amendments 13 and 14 as well as in amendments 271 and 272, which would remove flexible tenure in the one case or, frankly, make it unworkable in the other. There have been some misunderstandings over points of detail, so it would be good for me to address them.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I am sure that the Minister wants to answer that question briefly, but I think that any further interventions should relate directly to the new clauses and amendments.
Andrew Stunell
Thank you for your guidance, Mr Deputy Speaker. I would have been tempted to talk about our housing investment programme and the impact that our affordable rents policy can have on the securing of new affordable accommodation, particularly in areas with high rental values, of which London and the south-east is an outstanding example, but as you—
Mr Deputy Speaker
Order. I think the Minister is pushing his luck. As he knows, he will be summing up the Third Reading debate as well. I think that if he sticks to the new clauses and amendments from now on, everyone will be happy.
Andrew Stunell
Thank you, Mr Deputy Speaker.
The housing measures in the Bill will provide greater discretion for social housing landlords and their professional staff. They will relax the rigid rules set by central Government in the past, and together they will allow landlords to exercise greater discretion, adapt the services they offer to local needs, and manage a valuable public resource more effectively in the best interests of local people.
I recognise that flexible tenure and the proposals to deal with homelessness have caused the most concern to date. Let me repeat what I said in Committee. In the vast majority of cases in which a social landlord offers a flexible tenancy, we will expect that tenancy to be for at least five years. It will often be appropriate to provide longer—in some instances, lifetime—tenancies. If an elderly lady is offered sheltered accommodation or a bungalow, any sensible landlord will doubtless provide a lifetime tenancy. However, if that family in my constituency with three teenagers in a two-bedroom house are finally allocated a three-bedroom house, it surely makes sense to give them a 10-year tenancy, subject to renewal. After 10 years, when the children are in their twenties and have probably left home and the family’s circumstances have changed, they will have had time enough to decide whether that is the accommodation they want.