Leasehold Reform (Amendment) Bill

Lord Richard Excerpts

Friday 7th February 2014 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con)]

My Lords, I share and echo the comments of noble Lords in congratulating my noble friend Lady Williams of Trafford on, and thanking her for, introducing this Bill. I hope that she will not mind me informing your Lordships that this is the first time that she has spoken in the Chamber, and I do not know how many other Members of your Lordships’ House have spoken for the first time in the Chamber while being responsible for a Private Member’s Bill. She gave her maiden speech in Grand Committee in the Moses Room, so this is an occasion all on its own, even though the Bill is important.

I, too, must declare my interest as an owner-occupier of a leasehold flat. Like other noble Lords have done, I should mention the good work of my honourable friends in the other place, David Nuttall and Philip Hollobone, in introducing and leading the Bill. I congratulate them on the progress it has made so far. I am pleased to say that the Government fully support the Bill as it stands. Some brief and well targeted amendments that were brought forward in the other place by the honourable friends I mentioned, jointly with my honourable friend the Housing Minister, have ensured that the Bill can effectively achieve its worthwhile aim.

Importantly, the Bill will, if it reaches the statute book, affect only the position in England, not in Wales—housing being a devolved matter. This is probably the right moment to respond to the point raised by the noble Lord, Lord McKenzie, about Wales. I urge Members of the Welsh Assembly to look at this legislation and consider it carefully. I do not believe that prior to the Bill coming forward—and, I hope, achieving Royal Assent—there is any discrepancy in terms of equality law, but clearly there will be a difference between the treatment of people in England and those in Wales who live in leasehold properties. I hope that the Assembly will look at what we are doing here and learn from it.

As my noble friend Lady Williams explained, the Bill aims, by amending Section 99(5)—

[Lord Richard (Lab)]

I do not quite follow the position regarding Wales, because it has been explained that Wales is deliberately excluded from the provisions of Bill. None the less, subsection (3) of Clause 2 states:

“The Act extends to England and Wales”.

Does it?

[Baroness Stowell of Beeston]

The Act that is in place, which this Bill is amending, extends to Wales, but because housing is a devolved matter, the way in which we are amending the Act is specific, in that the amendment applies only to England. One might describe it as a convoluted way of going about it, as is sometimes necessary when amending legislation. However, the effect will be that the Act that this Bill is amending remains as it is and applies to England and Wales, but the specific amendment to the Act via this Bill will apply only to England, because we cannot apply it to Wales. It is a devolved matter.

[Lord Richard]

The Bill states that the Act extends to England and Wales. Does it?

[Baroness Stowell of Beeston]

Okay, I see where the noble Lord is coming from. The Act extends to England and Wales but we cannot amend it in respect of Wales. Wales has to amend it for itself because it is a devolved matter. I hope that that clarifies the situation for the noble Lord.