Draft Licensing Of Houses In Multiple Occupation (Mandatory Conditions Of Licences) (England) Regulations 2018
Heather Wheeler Excerpts(6 years ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I beg to move,
That the Committee has considered the draft Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018.
It is a pleasure to serve under your chairmanship for the first time, Mrs Moon. I will be brief, because these regulations are excellent, and many people are in favour of them.
The private rented sector is an important part of our housing market that houses 4.5 million households in England. Houses in multiple occupation—HMOs—form a vital part of the sector and often provide cheaper accommodation for people whose housing options are limited. However, HMOs sometimes pose greater management challenges than single household occupation accommodation, and some occupiers of HMOs are the most vulnerable people in our society, which is why mandatory licensing of HMOs was introduced in 2004 for properties with three or more storeys that are occupied by five or more people.
Since its introduction more than a decade ago, mandatory licensing has successfully raised standards and enabled local authorities to tackle overcrowded conditions and poor management practices. However, the private rented sector has doubled in size in the past 10 years, which has led to increasingly small single household properties being used as HMOs.
As smaller HMOs were not subject to mandatory licensing, some rogue landlords have been able to avoid local authority detection and enforcement by letting HMOs with fewer than three storeys. Failures by those landlords have led to negative and harmful impacts on some local communities because of an accumulation of rubbish and waste and because of noisy and antisocial behaviour outside HMOs.
To address those problems, we have extended mandatory licensing to properties of fewer than three storeys. We laid the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 before the House on 23 February, and it will come into force in October.
To address other common problems with such properties, the Government are creating two new mandatory HMO licence conditions: national minimum sizes for rooms used as sleeping accommodation and a requirement to comply with council refuse schemes. Those new mandatory conditions are the subject of the Committee’s debate, and I will outline each one in turn.
First, I will set out the proposed requirements for minimum room sizes for sleeping accommodation. By amending schedule 4 of the Housing Act 2004, the regulations require local authorities to include new conditions with licences,
“to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres”.
The minimum room size is just that—a minimum. It is a standard below which a room cannot be used as sleeping accommodation. It is not intended to be the optimal room size or the lowest common denominator.
Let me be clear that local authorities will still be able to set minimum sleeping room sizes that reflect the layout, space and amenities in the HMO in question, which can be greater than 6.51 square metres when used by one person over 10 years old. That is important because local housing authorities will need the discretion to set a room size that reflects the condition of housing stock in their areas.
The introduction of a clear minimum room size in HMOs is important because it will ensure that a consistent minimum size is applied nationally across the different types of HMO in the sector, and it will clarify the standard with which we already expect landlords to comply. The regulations clarify minimum sizes for rooms used as sleeping accommodation by children under 10 years old and by two persons over 10 years old.
Non-compliance with the minimum room size is a serious matter. If a landlord knowingly breaches the condition, they will be liable on conviction of a criminal offence, which could result in an unlimited fine or a civil penalty of up to £30,000.
We have introduced transition arrangements to give landlords time to comply with the new requirement and to rectify overcrowding. Local authorities must allow up to 18 months before they consider prosecuting the landlord for breach of licence conditions. HMOs that are already licensed will have to comply with the condition only when their current licence expires and at the first renewal after 1 October this year.
The second new mandatory condition created by the regulations relates to household waste disposal facilities. A new mandatory condition will need to be included in HMO licensing to require landlords to comply with their local authority’s refuse storage and disposal schemes. The purpose of the condition needs some explanation. People living in separate households in HMOs tend to generate more rubbish than is seen in a single household property. While tenants should be responsible for properly disposing of their rubbish, they need adequate and accessible receptacles to do so. This mandatory condition of licensing will mean that local authorities will have to proactively require landlords to provide waste disposal facilities where there is a scheme. It will also provide local authorities with the necessary enforcement powers if landlords are not complying with waste disposal schemes.
We anticipate that the vast majority of landlords will already be in compliance with the conditions—we are simply clarifying existing space standards under section 326 of the Housing Act 1985. In 2015 and 2016, we consulted extensively on the introduction of minimum room sizes for sleeping accommodation, along with the requirement to comply with council refuse schemes. The legislation should therefore come as no surprise to local housing authorities and landlords alike. For those landlords not in compliance, there is the 18-month transition period I mentioned.
Stephen Pound (Ealing North) (Lab)
I am grateful for your tolerance, Mrs Moon, in allowing me to ask a question when I am not a member of this Committee. The Minister replied to my debate in Westminster Hall on 21 March, and I am grateful for her comments then and her comments today. The regulations mainly tidy things up, but they have not addressed the main issue with HMOs, which is their cumulative impact—the total change of a community in a residential district. Has she thought about extending the excellent work she has started today by finally coming to terms with the awful consequences of the cumulative impact of multiple HMO applications?
Mrs Wheeler
As the hon. Gentleman said, he is not a member of this Committee, but he has great interest in this matter. We are very keen to see licensing arrangements organised by local authorities kicking on and taking shape and power. They have the power to alter the licensing for their areas. There are four criteria that they have to comply with. As long as one or two of those strong criteria are well evidenced, our Department is keen to sign off on those arrangements, but the power lies with the local authority.
Mrs Wheeler
I thank all hon. Members for their contributions. I will try to answer some of the questions if I can.
I should reiterate that the new minimum sleeping size is just that—a minimum. It will create a consistent standard that must be met across all HMOs. To be clear, in the example the hon. Member for Great Grimsby gave of two adults and a baby in the room, the minimum size for two adults is 10.22 square metres, which is reasonably large. Local housing authorities will still have discretion to set larger room sizes to reflect their conditions—I am sure local authorities will set standards to local conditions.
The mandatory conditions are necessary to enable local housing authorities to tackle overcrowded conditions and poor management practices in HMOs. On financing, local housing authorities have been aware of the changes for some time. We have consulted extensively. Some local authorities have been preparing in readiness to extend the scope of HMO licensing. HMO licensing is self-funding, and local housing authorities are able to recoup the cost of administering the scheme through licensing fees. I hope the hon. Member for Ealing North is pleased about that.
Poor housing conditions put the health, safety and welfare of tenants at risk and the Government are determined to tackle that. We want landlords in the sector to improve the standard of housing that they rent out, or to leave the sector entirely. We are being strong about that. I therefore recommend these regulations to the Committee.
Question put and agreed to.
Fire Safety Remedial Work: Leaseholder Liability
Heather Wheeler Excerpts(6 years ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I thank the hon. Member for Battersea (Marsha De Cordova) for speaking so passionately about the situation in which some of her constituents find themselves. I thank all Members for their contributions. I recognise that the recent fire in Sporle Court will mean that fire safety is at the forefront of people’s minds in Battersea, although we understand that on that occasion there were no injuries.
Let me begin by making it clear in the widest sense that the Government are committed to promoting fairness and transparency for leaseholders in England. To that end, on 21 December 2017, we announced a package of measures to tackle abuses and unfair practices in the leasehold market. That includes introducing legislation to prohibit the development of new build leasehold houses other than in exceptional circumstances, and restricting ground rents in newly established leases of flats to zero financial value. We are working with the Law Commission to support existing leaseholders, including by making buying a freehold or extending a lease easier, faster, fairer and cheaper. With that context in mind, it is hugely important that leaseholders, like any other residents, are kept safe in their homes.
The fire at Grenfell Tower was a terrible tragedy. The Government are determined to learn the lessons and take all necessary steps to ensure that nothing like it can ever happen again. I wish to set out some of the steps that the Government have taken since the tragedy. The Department’s building safety programme, set up immediately after the fire, is working hard to ensure that all high-rise residential buildings are safe from the threat of fire, and that residents feel safe in them. To support that, the Secretary of State appointed an expert panel to ensure that the necessary steps are taken to ensure the safety of residents of high-rise buildings. Following the panel’s recommendations, the Government provided advice to building owners on the interim measures that they should put in place to ensure the safety of their residents. We swiftly identified social housing blocks and public buildings with unsafe cladding. All the affected social sector buildings that we have identified have these measures in place.
Mr Reed
The Minister will recall the lethal fire at Lakanal House in 2009. In 2013, the coroner who investigated that tragedy urged the Government to change the fire safety regulations that govern the use of cladding—specifically, approved document B. The Government failed to amend that regulation in 2013 and now, five years later, they have still failed to amend it. The criticism was that it was unclear what kind of cladding could and could not be put on a building. For that reason, flammable cladding exists on hundreds of blocks today. Will the Minister explain why the Government have done nothing in the nine years since Lakanal House?
Mrs Wheeler
The important thing is that the Hackitt review has already released interim recommendations, which we have accepted. We await the review to report later this summer. That will be the answer going forward.
All the social housing blocks and affected social sector buildings that we swiftly identified had the measures in place. In parallel, we tested different combinations of cladding and insulation to see which of them met the building regulations guidance. We published consolidated advice in September, confirming the results of the tests with advice for building owners. We have also been working with building owners and industry to support remediation work.
At the same time, the Government asked Dame Judith Hackitt to undertake an independent review of building regulations and fire safety to ensure that buildings are safe in future. We are taking forward all of the recommendations for Government contained in the interim report, and look forward to the publication of her final report shortly.
We believe we have identified all affected social housing blocks and public buildings. With regard to private sector buildings, the Government have made the testing facility at the Building Research Establishment available free of charge, and we continue to urge all building owners to submit samples for testing if they think that they may have unsafe cladding. In addition, the Secretary of State wrote to all local authorities in August asking them to identify privately owned buildings with potentially unsafe cladding in their area in line with their statutory duties.
Marsha De Cordova
On that point, my local authority, Wandsworth Council, has still not published any information around those private blocks that could potentially have flammable cladding. Will the Minister take it on herself to continue to press the council to get on with the job and publish the information? She made the recommendations last summer.
Mrs Wheeler
I hear what the hon. Lady says. We have close contacts with Wandsworth Council.
In addition, the Secretary of State wrote to all local authorities in August asking them to identify these properties. The majority of local authorities recognised the urgency of that work and provided relevant information, and we are very grateful for their hard work. However, this is not a straightforward task, particularly when building owners cannot be traced or are unresponsive. We have been in constant dialogue with local authorities ever since. Last month, to support local authorities in that work, we announced a financial support package of £1 million to assist the most affected local authorities in identifying the remaining private high-rise buildings with potentially unsafe cladding.
We are progressing work to issue a statutory direction as to local authorities’ reviews of housing conditions in their area in respect of cladding-related issues. We are also working to publish additional operating guidance to support local authorities in assessing the risks to residents posed by potentially unsafe cladding.
These measures will help local authorities to take enforcement action to ensure that hazards in residential buildings in their areas are remediated as quickly as possible. I am confident that these steps will strengthen local authorities’ hands when carrying out this work. I can assure hon. Members that, as soon as we are notified of buildings with potentially unsafe cladding, we work with local authorities and the National Fire Chiefs Council to ensure that interim measures are put in place.
The Government have been clear that remediation should be done as quickly as possible, but it should also be done properly. Let us be clear: the remediation of buildings with ACM cladding is a complex process, involving major construction work which needs to be planned, consulted on and carried out carefully. Rushing any phase of the remediation process could jeopardise the safety of residents. I am encouraged that remediation has started on 103 affected social sector buildings and that, of those, seven have finished remediation work. There is clearly a long way to go, but that is significant progress.
I understand that funding is a concern for Wandsworth Council. In the social sector, all the local authorities and housing associations that we have spoken to have indicated that they have no plans to pass on the costs of essential remediation work to individual flat owners within their buildings. We will consider financial flexibilities for local authorities that are concerned about funding essential fire safety works to the buildings that they own.
In the private sector, we continue to urge those with responsibility to follow the lead from the social sector and not attempt to pass on costs. They can do that by meeting costs themselves or looking at alternative routes such as insurance claims, particularly warranties, or legal action.
Mrs Wheeler
No, I am going to finish.
We are aware of cases in Battersea where freeholders are seeking to do just that.
Mrs Wheeler
No, thank you.
Where building owners are seeking to pass on remediation costs to leaseholders, it is important that leaseholders can access specialist advice to understand their rights. We have provided additional funding to the Leasehold Advisory Service—LEASE—which provides independent, free, initial advice to leaseholders to ensure that they are aware of their rights and are supported to understand the terms of their leases. LEASE continues to provide valuable support to affected leaseholders around the country. On 15 March, the Secretary of State announced an industry roundtable on the barriers to the remediation of buildings with unsafe aluminium composite material cladding.
Mrs Wheeler
No, I will not, sir.
I hope that the points I have made have reassured hon. Members just how seriously we are treating the building safety issues that the terrible fire at Grenfell Tower brought to light, and our commitment to supporting leaseholders and all residents throughout this process.
Question put and agreed to.
Secure Tenancies (Victims of Domestic Abuse) Bill [ Lords ] (Second sitting)
Heather Wheeler ExcerptsTuesday 27th March 2018
(6 years, 1 month ago)
Public Bill CommitteesRead Full debate Secure Tenancies (Victims of Domestic Abuse) Act 2018 View all Secure Tenancies (Victims of Domestic Abuse) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 27 March 2018 - (27 Mar 2018)
Sir Robert Syms (Poole) (Con)
I have sat on a number of Committees in this House, and Plaid Cymru and the Scottish National party have always asked one question: have the devolved Administrations been consulted? They say little else apart from that. Whether it is a good or a bad idea to add this measure to the Bill at this stage, as a Unionist I think that if we are to ensure a good relationship between the Governments within the United Kingdom the devolved Administrations ought to be consulted first. Even on something that may be reasonable from the point of view of Government-to-Government relationships, they ought to be consulted first.
We have not yet reached the end of the Bill. There is a further stage on Report and, as Lord Bourne has already undertaken to have some discussions with the devolved Administrations, it might be better for them to be concluded before we add to the Bill, possibly ruffling feathers north of the border. Whatever the Westminster Parliament does can sometimes seem to be used by the SNP grievance machine. Therefore, we ought to tiptoe in that direction. If discussions subsequently take place so that changes can be made to the Bill, that is fine, but at this stage I am wary of adding something that, in essence, is a UK diktat—or will be seen as such by some in Scotland. I am sure that the hon. Member for Great Grimsby wants the best legislation for the victims of domestic violence, but I think it might be better for us to wait.
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
The new clause calls for a review of the potential for future co-operation between local authorities in England and those in Wales, Scotland and Northern Ireland, with consideration of how it may be possible to extend the provisions in the Bill to apply across the UK. The issue was raised during passage of the Bill through the Lords and, indeed, an amendment was tabled and subsequently withdrawn.
As hon. Members are aware, housing is a devolved matter, so it is for local authorities, or the Housing Executive in Northern Ireland, and social landlords to decide whether to allow access to social housing under the law that operates in that particular country. Wales, Scotland, and Northern Ireland have their own homelessness legislation. There may of course be differences of approach, according to the requirements of the devolved area and the pressures on their housing stock. As I understand it, for example, in Wales, where social housing stock is in highest demand, the local authorities can and do discharge their duty to rehouse using the private rented sector.
The Minister for faith, Lord Bourne of Aberystwyth, wrote to peers on this issue following Second Reading, setting out how each devolved Administration would deal with the situation if a person, as a result of domestic abuse, were to flee from their home in England to a devolved Administration. I am more than happy to share that with the Committee.
I agree that there should be increased co-operation between England and the devolved Administrations on the question of victims of domestic abuse, including where a victim needs to move from one country to another to escape the abuse and to feel safe. Furthermore, I understand that the Minister, Lord Bourne, gave the commitment that he would raise the issue at the roundtable with the devolved Administrations, which I understand is next due to take place on 19 April in Cardiff. In fact, the noble Lord has written to ask whether the issue could be put on the agenda of that meeting. He has made it clear that he would like to explore whether we can develop a concordat or joint memorandum of understanding between the four countries on our approach to social housing and cases of domestic abuse.
I remind hon. Members that 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 Housing and Planning Act applies only to England.
In the current situation, a victim of abuse in another part of the UK, such as in Scotland, will not have an impediment to fleeing their situation from fear of losing their lifetime tenancy, as another council in Scotland will grant them a lifetime tenancy when they are rehoused. The commencement of the Housing and Planning Act does not change that.
I do not believe it would be appropriate to include a duty in the Bill, which applies to England only, to consider the potential for amending legislation in other parts of the UK. In this instance, I firmly believe that addressing the question at the devolved Administration roundtable is the correct approach, with a view to securing a memorandum of understanding or concordat. This is a common issue in which all parts of the UK have an interest, but, as I have said, the differences in housing legislation across the devolved Administrations mean that I do not believe a UK-wide provision in a Bill based on an Act that applies only to England is the correct approach. For all those reasons, I do not consider the amendment to be appropriate or necessary and I ask for it to be withdrawn.
Melanie Onn
Yes—yes please to the sharing of information that has been distributed by Lord Bourne. I very much welcome that, as I would a notification to confirm that the meeting of 19 April has taken place and the detail of the conversations that took place within it. I am slightly concerned that the legislation is almost being drafted with eyes shut to the reality of people’s lives. I would urge every consideration to ensure that that is not the reality.
For example, I do not know whether the concordat or memorandum of understanding would be legally binding, how it would operate in an enforceable way and how, if an individual felt that they were being treated differently because they happened to cross a nation’s border, they would go about challenging that, what the normal process would be, whether legal aid would be available, and so on.
There are still concerns that the legislation will not fully do what is necessary to meet the intention that has been set out, but I await the outcome of the meeting on 19 April. I agree that there should be a pause to establish whether that meeting can resolve this issue in an amicable fashion, rather that something that seems to have a UK parliamentary overbearing overtone, which may not be well received by the devolved nations, and I mentioned the sensitivities of the issue in my speech. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Question proposed, That the Chair do report the Bill to the House.
Mrs Wheeler
Ever so briefly, I thank everybody for the lively debate. It has been a very well-informed discussion. I think there will be some issues on which we will be able to give greater clarity and comfort to those who have asked questions. Ms Ryan, I thank you, and all the Clerks and staff who have helped us get through this Bill.
Melanie Onn
I thank the Minister for listening in an open and honest fashion to the points that have been put genuinely to try to improve the Bill. I also extend my thanks to the staff of the House authorities and the civil servants [Hon. Members: “Hear, hear!”]. I thank all of those who have participated in the debate for their contributions.
Question put and agreed to.
Bill accordingly to be reported, without amendment.
Secure Tenancies (Victims of Domestic Abuse) Bill [ Lords ] (First sitting)
Heather Wheeler ExcerptsTuesday 27th March 2018
(6 years, 1 month ago)
Public Bill CommitteesRead Full debate Secure Tenancies (Victims of Domestic Abuse) Act 2018 View all Secure Tenancies (Victims of Domestic Abuse) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 27 March 2018 - (27 Mar 2018)
Melanie Onn (Great Grimsby) (Lab)
I beg to move amendment 5, in clause 1, page 1, line 9, after “tenant)” insert
“and regardless of whether the qualifying tenancy is in the jurisdiction of another local authority”.
It is a pleasure to serve under your chairmanship, Mr Rosindell. The amendment stands in my name and that of my hon. Friend the Member for Rochdale (Tony Lloyd), the former shadow Minister, who is now the shadow Northern Ireland Secretary—we are in a fast-moving world at the moment.
Let me start by saying that the amendments to the Bill in the other place are very welcome. They recognise that the Government have listened to the very real concerns expressed by Members from both sides of the House and members of the other place on this important issue. I have read the transcripts of the debate in the Lords, where my amendment originated—I should take the opportunity again to thank Baroness Lister of Burtersett and Lord Kennedy of Southwark for their work on the Labour Benches in introducing the amendment— and it is clear that there is a great deal of concern about the situation for victims of domestic violence.
Lord Farmer noted in his contribution that
“we are still…stuck on the question, ‘Why doesn’t she…leave?’, when someone is the victim of abuse, rather than…asking, with regard to the perpetrator, ‘Why doesn’t he…stop?”—[Official Report, House of Lords, 9 January 2018; Vol. 788, c. 147.]
He commented on the research about victims who return to lives of domestic abuse, saying that “a high proportion” go back to their abusive partner. He later qualifies that with the figure of 66%—that is, 66% of women who have tried and failed to leave an abusive partner. Two thirds of women decide, for whatever reason, that it is preferable to stay in the same property, their home—a really important part of this is that it is their home—with someone who abuses them. Nearly all those women—97%—have returned repeatedly. They have tried to flee, to leave, and to establish a new life, but for myriad reasons have then returned. That is why it is so important that the Government ensure that the security of a home, a safe place for children and the support of agencies such as Refuge and Women’s Aid are dealt with in legislation.
This small but, I would say, mighty amendment would ensure that the legislation met in practice the intentions that we set out in this room. That is the purpose of our amendments—to ensure that in practice, out there in the real world, in the real lives of people living in the circumstances that we are discussing, what we decide in this room and what the Government decide to set down in black and white as the law of the land works in practice on the ground, meets the needs of those people and meets the Government’s intentions. I have listened carefully to the Minister, and the intentions are there. They are clear. I believe that there is a strong commitment, going all the way to the top of the Government, to ensure that women’s lives are improved—I am referring to women, as they make up the majority of victims of domestic violence; I accept that there are also male victims, but I am using “women” as the more general term—and are not hindered in any way by policy. We must ensure that the policy that we agree is the best that it can be.
Our amendments and the amendment of the Bill in the Lords will, I believe, greatly reduce the risk of return to abusive partners and will, I hope, go a great distance towards reducing the absolutely terrible statistic of two women dying every week at the hands of the person who is supposed to love and care for them the most. One cannot help but think about that and the reality of the situation for these women. We know that women sometimes remain in abusive relationships for years before summoning the courage to leave. Children are often the reason for staying: the women do not want the kids to be without their dad because he is a good dad; he loves them and would do anything for them. However, there is also fear of the alternative: what else awaits women if they go? They leave the comfort of their surroundings and the place that they know. They leave their friends, their social networks, family perhaps, their children’s schools, their work—everything is thrown up in the air. It is a period of great upheaval and uncertainty.
The Minister will know that I have previously expressed frustration that it is always the victim who is expected to leave, to seek refuge and to start again. That will remain the case until we see a significant change in the judicial system and the education system, as well as the embedding of the principles of early intervention and healthy relationships across the country. I look forward to the domestic violence Bill that will be introduced later this year, so that we can see what the Government’s plans are in this area.
After women have taken the step of leaving, the process of rebuilding a life for them and their family can be a tough road. There must be certainty of housing support. In Baroness Lister’s contribution on the Lords amendments she noted that Women’s Aid had reports of women being
“reluctant to leave a secure tenancy and that some would take massive risks rather than give it up.”—[Official Report, House of Lords, 24 January 2018; Vol. 788, c. 1042.]
The amendment that the Government have supported was tabled with every intention of tackling that fear, and of laying to rest the concern of victims of domestic violence about being left—because of being a victim—in a worse housing position with their council tenancy.
That great intention—that purposeful move towards supporting the victims of domestic violence—could, however, be undermined if the Government do not make the meaning of the Bill clearer. In debate after debate—about housing, on International Women’s Day, about the justice system and about domestic violence specifically—there has been discussion of the fact that women often have to go out of the area when they are in the situation we are considering, as well as of the resulting funding issues and the wider issue of the problematic review of supported housing funding. The reasons are various, and include, sometimes, a lack of refuge places or finance, people returning to homes in the wider family, and issues of individual or family safety. If the abuser is a persistent harasser, in particular, there will be a need to keep the location discreet.
Lord Lipsey noted that three quarters of the women in a refuge would not be from the area where it was situated, and commented that it was natural for victims to want to
“fly as far away as possible”—[Official Report, House of Lords, 9 January 2018; Vol. 788, c. 145.]
from the source of the abuse. Women’s Aid put the figure at about 68%, just shy of three quarters. It has also provided us with the outcome of its No Woman Turned Away project, which shows that nearly a fifth of women were prevented from making valid homelessness claims on the grounds of domestic abuse for reasons that included having no connection to the area.
That is important and goes to the heart of the purpose of amendment 5. We are talking about women’s situation and their need for support. When we see what really happens when people cross local authority boundaries—how many people are being refused, and the fact that the Women’s Aid report mentions refusals being made specifically because of a lack of local connection—we must do all we can to ensure, through the Bill, that that situation does not continue. If the Bill is allowed to go forward without amendment, we shall have failed to deliver what the Government intend by it.
Local housing teams make the decisions. The systems that they develop are based on legislation that comes from this place. That leads me to the point that when a right to housing and a secure tenancy is specified, that should follow the individual. It should not matter whether they are within or outside their local authority; it should follow the victim. Whether it is through fate or design that victims leave their areas and relocate—and for some of them the relocation must be long-term and discreet—legislation must reflect the reality.
The measure will be something of a legacy for the Minister, and there is no point in failing to sew up the least thread of the seam. It is not inconceivable, given the reaction of some local authorities when asked to contribute to refuge support services, that with all the constraints and pulls upon their resources, they will find enough of a hole in the Bill to wriggle out of the duties that it is intended to place on them. I call on the Minister to do all in her considerable power to see that that that possibility—however small she may consider it—is addressed today, and that the amendment is accepted.
It would be a tragedy if the Government’s well-intentioned measure were to be undermined later through limited implementation in cases where victims tried to re-establish their lives outside their original local authority area. Is there is a reason why it is not possible to make the provision explicit?
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is a pleasure to serve under your chairmanship, Mr Rosindell, I believe for the first time.
The amendment aims to ensure that where a victim of domestic abuse applies to another local authority to be rehoused, the requirement to offer a lifetime tenancy still applies if a new tenancy is offered. The Bill is intended to protect people who need to move from their current home, and those who have already fled, to escape domestic abuse. It is clearly understandable why a victim of domestic abuse may want or need to move themselves and their family to an area far from the perpetrator. It is therefore important that the Bill protects victims who apply for housing assistance in another local authority district. However, it already does that, so the amendment is technically ineffective.
The Bill applies to any local authority in England, and to any tenant who has a lifetime local authority or housing association tenancy for a dwelling house anywhere in England and needs to move from that house to escape domestic abuse. I therefore believe that the amendment is unnecessary and ask for it to be withdrawn.
The Chair
Let me clarify, in case there is any confusion, that the Minister may speak again. It is perfectly fine for the Minister to speak and for Back Benchers to come in afterwards.
Stella Creasy (Walthamstow) (Lab/Co-op)
It is obviously a pleasure to serve under your chairmanship, Mr Rosindell, for this incredibly important piece of legislation. I do not think a single member of the Committee can be unaware of how important it is to get these issues right. We will have seen in our constituency surgeries the people for whom the system does not work. I want to start by giving an example of that to explain—[Interruption.] If the Minister has not, she is very lucky, because sadly, in my constituency—
Stella Creasy
I do not think this is about good councils; it is about how we deal with domestic violence cases in this country. Still too often, we require the victim to put the pieces of her escape route together. I say “her”, and I recognise that men are victims as well, but it is overwhelmingly women who we ask to try to work through a system based on service provision rather than their needs.
I want to give the Minister an example—which I hope will explain why Opposition Members are concerned about future-proofing this legislation—of one of the cases I dealt with in Walthamstow, near the boundary with Redbridge, because in London the difference between 33 boroughs can be the difference between life and death. It is the example of a woman whose secure tenancy was ruined because her abusive partner set fire to their flat. She fled to Redbridge, but as soon as she left the borough, a mere 10 minutes by car, everything fell apart for her. Suddenly, she was simply someone from another borough seeking housing, not a victim of domestic violence—as he stood on the balcony of the property that she had managed to find, tapping on the window and telling her that he had found her.
We could not keep that woman safe. I took to calling the borough commanders in my borough and in Redbridge every single day about her, because we could not get housing and could not get the police forces to work together, merely because they were 10 minutes apart by road. They were two different boroughs and two different housing departments. She started getting chased for her council tax and rent arrears on a property that was a burnt-out shell. If she had gone back to that property, he could have found her there, too. Every single day, that woman was on my conscience, all because bureaucracy could not see the victim, only the housing service and the policing requirements. The police in Redbridge said to her, “Close your windows, then he can’t knock on the windows,” not understanding what was going on, because we did not put the victim first.
The challenge is that that case is not unusual. It is not about London boroughs or co-ordination; it is simply that there are two different housing departments, one of which recognises that there might be a domestic violence case, while the other simply sees somebody whose postcode is in the wrong district.
I share the Minister’s desire to get secured tenancies right. She says that is already written into the legislation, but why not make it certain that it can be beyond a degree of reasonable doubt with any housing authority? That way, when MPs are faced with somebody who has come from a mere 10 minutes away, who is desperate for help, in fear of their life and has made that difficult decision to leave, there is no doubt that they will be housed. There should not be a point at which a housing officer says, “I’m sorry, this postcode isn’t in our borough and therefore this person is not our responsibility. They need to go back into the system.”
We have all seen the person who does not leave—the person who recognises that bureaucracy is going to be another hurdle and who, with everything else going on their life, does not want to take the risk. Each of us has had that conversation with that resident, pleading with them to talk to the independent sexual violence adviser and not go back. All too often, it has been a housing officer who has not understood their obligations and said to them, “I’m sorry, if you leave, you’re making yourself intentionally homeless.” That is the phrase we have to deal with, and that is why amendment 5 is so important. It changes the conversation and says that if someone is recognised as a victim of domestic violence—I appreciate that we also need to get some later clauses and amendments right—that person is more likely to get help.
The Minister does not look impressed. There are countless examples that I am sure other Members will give her. That is the lived reality of trying to get this right. We all want the best councils, the best police services, the best healthcare providers, the best social workers and the best MASH—multi-agency safeguarding hub—teams, who do not say, “Well, for the needs of the child we’ll try to keep the family together,” even though they have had perpetrators who put their partners into hospital and near death. The lived reality of trying to deal with these situations means that we have to make sure the legislation is belt and braces. Even if the Minister thinks the point is covered, I urge her to include it, to put it beyond reasonable doubt, because those cases, such as the person who moved between Redbridge and Waltham Forest, are not unusual.
Jess Phillips (Birmingham, Yardley) (Lab)
It is a pleasure to serve under your chairship, Mr Rosindell. I also welcome the Bill. As somebody who worked in the field for many years, it is revelatory to see this put into law. I am really pleased and feel that we are constantly surging forward, and 99% of the time that is done on a completely cross-party basis, with total consensus. When I first started working in domestic abuse services, that was not something I necessarily would have said or experienced, but times are changing. I am very pleased to say that this is no longer the bastion of noisy feminists such as myself; it is everybody’s business, which is great to see.
The concerns on this side of the Committee stem from memories of how localisation under new welfare rules after the 2010 general election changed the way that people moved across boundaries. It was not a willing Government, or even the Opposition, who changed the ruling about whether people could cross borders and seek tenancies; it was a woman who lived in the refuge where I worked and the Child Poverty Action Group. They took the case to court, on a judicial review, to stop local councils—in this instance Sandwell Council—being able to say, “You have to have lived in a local authority area for five years before you can have access to the housing list and be put on priority.”
It was not even five years ago that that was the case. Councils all over the country—certainly Birmingham and Sandwell—were saying, “Unless you have a link to this local authority area, you cannot come and live here,” regardless. There was no exemption for victims of domestic abuse. Thanks to brilliant victims of domestic abuse and brilliant charities that support them, that was overturned. Councils were told by the courts, not by any Government policy, that they had to allow victims of domestic abuse to be exempt from those rules. I had some personal issues with that, which I raised with my council in a public forum—when I was told by the then MP for Birmingham, Yardley, in a moment of horrendous dogwhistling, that I was trying to encourage anybody to come and claim benefits in Birmingham—so I have some form on arguing for this issue.
What we are trying to get across in the amendment is that that cannot happen again—that there should be no room for the Child Poverty Action Group and local authorities to have to go up against each other with individual victims’ cases. As my hon. Friend the Member for Walthamstow has said, there will be cases that come to light where there is difficulty, and we do not want the courts to have to be the place that makes the right decision.
We should remember there are lots of local authorities that are rubbish on this. We are living in a total postcode lottery. I remember a mantra where I used to work was, “Don’t get raped in Dudley,” because there were no services for rape victims in Dudley. We had to somehow give them a postcode for another area, so that we did not turn away children who had been raped, for example. Not all councils are brilliant on this stuff. It seems like a painfully political point to make, but the Prime Minister’s own council, where her seat is, does not fund a single refuge bed. There is good and bad—
Jess Phillips
As the Minister says from her sedentary position, nor does Southwark fund a single refuge bed. That is not a case I have ever heard. However, if it does not, it should—absolutely it should. This is not said with a Labour cap on; we took a Labour council to court. I do not give a toss what colour the council is; I care that the law protects the victims when they cross the border. I do not think anyone who might be watching this, either in this room or outside, thinks I am afraid of criticising the Labour party. Some of us are more than keen to point out problems wherever they arise.
The issue is ensuring that councils that are hard up do not have any excuse. That is all we seek. If we do not do it in these rooms, if we do not get the legislation right, you can bet your bottom dollar that somewhere a judge will.
Mrs Wheeler
I have listened carefully to what everybody has said, and there is a genuine misunderstanding about what is currently in the Bill, and what that means going forward. Under the Bill, any local authority in England that has somebody presenting with domestic abuse issues must take on a secure tenancy if that person had a secure tenancy before. It cannot be plainer than that, and that why the amendment is ineffective: the measure is in the Bill. The courts have said that local authorities must not apply the local connection test to victims of domestic abuse who apply for social housing, which is again in line with guidance issued in 2013. The amendment does not change anything and is therefore unnecessary.
The Department collects data on all social housing lettings through CORE, the continuous recording of social housing lettings and sales system. That information includes the type of tenancy granted, the nature of the landlord—local authority or housing association—whether the new tenant has moved from another social home or local authority district, and the main reason why the tenant left their last settled home, including whether that was in relation to domestic abuse. Taken together, those data will enable us to monitor the impact of the Bill. The amendment is therefore technically ineffective because the measure is in the Bill, and I ask the hon. Member for Great Grimsby to withdraw it.
Melanie Onn
I find the Minister’s response disappointing. The amendment has been tabled in good faith, and I cannot see this measure in the Bill. The Minister said that “any local authority” must grant a tenancy, but the Bill does not say that.
Melanie Onn
The Minister speaks repeatedly from a sedentary position throughout every proceeding. Perhaps I may continue. The Bill does not say “any” local authority—the Minister’s words are important, as are those in the Bill. As I was trying to explain, the amendment has been tabled to try to ensure that there can be no mistake when it comes to the practical implementation of the Minister’s good intentions.
Let me return to the comments from Women’s Aid, which spoke about the very inconsistent approach taken by local authorities across England in discharging their current obligations to house women who are fleeing domestic abuse in another area. It states that on one day in 2017, 68.4% of women resident in refuge services had come from a different local authority area. That number is so significant that we cannot dismiss it. The danger is that when we draft legislation, we assume that what we think, believe and discuss in this room will automatically be understood by people out there who have to work within our words. Too often we find that that is not the case, that the situation is confusing and oblique, and the holes that I was talking about become ever wider.
Local housing teams have prevented nearly a fifth of women who are supported by the No Woman Turned Away project from remaining because they had no local connection, and we can consider the evidential base behind that. I also support the comments that the hon. Member for Poole made about ensuring that the implementation of the Bill is robustly monitored and reviewed. I disagree fundamentally that this measure is in the Bill. I am not inclined to push the matter to a vote today. However, I put the Minister on notice that we will not shy away from pursuing further amendments on Report, whereupon votes may indeed be pursued, to try to tackle this. If we cannot protect nearly 17% of women who are going out of area with their housing needs, we will all have failed in our duties and responsibilities.
I remind the Minister that this is an incredibly sensitive subject and the approach to it matters. We would not be in this situation—we would not even have to discuss it—if we had continued security of tenure within council housing, and if we had not removed the fixed-term tenures and applied limits to them. My hon. Friend the Member for Birmingham, Yardley made it clear that this has been pulled and yanked to this stage, even to get the amendment that the Government are supporting. I will leave it there, but we may well come back to this. I hope the Minister will take time to consider this before the Bill is complete. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Melanie Onn
I beg to move amendment 1, in clause 1, page 1, line 25, at end insert—
‘(2BA) The Secretary of State must by regulations issue guidance as to—
(a) the identification of persons entitled to be offered a tenancy under subsection (2A) or (2B) including the evidence required of domestic abuse; and
(b) the training of local authority officials in matters relevant to the exercise of the duties of local authorities under subsection (2A) or (2B).
(2BB) Before issuing the guidance the Secretary of State must consult such persons and the representatives of such persons as he or she considers appropriate.
(2BC) Regulations under this section shall be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’
I will begin by returning to the point that has just been made about a fifth of women being turned away by housing teams due to their not having a local connection. That leads to the issue of training. I have been discussing consistency across the country, which puts into sharp focus the training of local government staff, who will be charged with executing the new duty. I have worked alongside staff in local government and recognise the funding challenges that local government is facing—I say that in the kindest terms, in the hope that the Minister will have open ears to my arguments. Unfortunately, as in any industry, training is usually the first budget to be trimmed.
We are fortunate to have good connections across the House with experts from the refuge sector, whether that is Women’s Aid, Solace, Refuge or SafeLives—all those organisations work day in, day out, on this. Some hon. Members have personal experience of dealing with domestic violence on a day-to-day basis, so will have been deeply immersed in the realities and the struggles of women who present themselves at a refuge, then require additional support going forward. Those organisations have great depth of knowledge, understanding and personal connections with those victims. They approach the issue from a very different perspective from a local housing officer. It is fair to say that the housing officers in the local authority, with the best will in the world, simply do not have access to the same depth of knowledge and resource of experienced colleagues to be able to properly support the women who are presenting.
There are a multitude of pressures on local authorities. It is not just individuals who have suffered domestic violence who present themselves to a housing officer. There are people who feel like they have been on a housing waiting list since time immemorial. The council house waiting list in Southwark stands at 20,000, I think. There will be people there who are in extreme need—new babies coming along. [Interruption.] I am not sure why the Minister shakes her head on that point.
Melanie Onn
With pleasure, if the Minister explains why she was shaking her head.
Mrs Wheeler
I have had the great pleasure of going to Southwark to talk about housing arrangements. Southwark’s statistics for getting people into homes and moving people out of B&Bs are stunningly brilliant. It has nobody in B&Bs now, and it has amazing statistics on temporary accommodation as well. Perhaps the hon. Lady would like to talk about a different council.
Melanie Onn
Well, I will talk about my local council, which has 2,000 people on its waiting list. It is a small local authority covering one and three-quarter constituencies. We have about 180,000 people residing in the area, and 2,000 people on a housing waiting list is a significant proportion of that.
Hon. Members may wish to intervene and discuss their areas. There is no point denying that there are councils that are under strain or that there are excessive waiting lists. That is the whole point: we have a crisis. We do not have enough social housing in the country; private rents are far too expensive for many people to afford.
Melanie Onn
My hon. Friend makes the point perfectly. I applaud Southwark. I understand that it is operating some Government pilot schemes and I commend it for its proactive approach. Having met with the portfolio holder responsible for housing, I know how seriously she takes it. She is very committed to making sure that Southwark residents have the best housing opportunities, but we know that there is significant pressure in the housing sector. People are being moved around the country. I have often knocked on doors and found that suddenly there is somebody from London living in a street in Grimsby—as unexpected for them as it is for me.
Alex Norris
Like the Minister, I have a very good local authority. I have long admired the housing officers there, who are exceptionally skilled people. When they open that door in the morning, when they open their emails or answer the phone, they never quite know what they are going to get. It could be somebody suffering domestic abuse, as we are talking about today; someone with drug or alcohol abuse issues, or mental or physical health challenges; or someone does not speak English as their first language. They face all sorts of challenges, they have to be very adaptable to meet the different needs of the people who require their services, and they have to do that against a difficult backdrop. These officers can face hard councillors, which many of us in the Committee were, who prosecute the case for their resident because they want to get them the best deal, and have to balance that because there are five other hard councillors that morning trying to do the same thing.
I believe fundamentally in the best in people—I think that is a strength, but some say it is a weakness. However, I acknowledge that there is still dishonesty, and we have to be able to pick through. We know from our casework that what a case looks like might not be so when we dig into it. We ask our housing officers to be extraordinary generalists—multi-skilled and aware of many different things, at a time when local authorities are under unprecedented pressure. As my hon. Friend the Member for Great Grimsby says, the first budgets to go are those for training, because they are not the immediate frontline services of the day. As a result we are giving our housing officers a difficult challenge, asking them to do more while others are asking them to do it with less. We are sending a real signal that we value their work by putting it on the face of the Bill.
Risk is an issue that weaves throughout the Bill and will do so throughout the next domestic abuse Bill, later in the Session. When I was in local government and had responsibility for domestic abuse services, it was not the women who were considered high risk who gave me the most anxiety, although of course those cases are really serious. Those women get the very intense, immediate support, wrapped round them 24 hours a day, seven days a week, and there is some comfort in that. My concern was about those who were low and medium risk—cases that might escalate quickly, but one cannot know which ones might do so, or they would be classified as higher risk. The only mitigation against those fast-escalating, low and medium risk cases is to make every contact with people count. Someone might directly speak about their situation, or we can try to read other cues that give us a clue, as my hon. Friend the Member for Walthamstow said. That only works if, with every single contact, that person is skilled enough to read those cues. To give them a fair chance, we need to give them proper training. Putting that on the face of the Bill would send a strong signal.
Mrs Wheeler
Though I understand the intention behind the amendment, I do not believe that it is necessary. Local authorities already have to identify whether a person who is applying for social housing or homelessness assistance has been a victim of domestic abuse. The purpose of the Bill is to provide important protections for victims and it does not require local authorities to make decisions in relation to domestic abuse cases that may be significantly different from those already made.
Melanie Onn
I beg to move amendment 2, in clause 1, page 1, line 25, at end insert—
“(2BA) A local housing authority which grants an old-style secure tenancy under subsection (2A) or (2B) has discretion to decide whether or not the maximum rent for the old-style secure tenancy should be determined according to regulation B13 of the Housing Benefit Regulations 2006 (SI 2006/213) as amended by the Housing Benefit (Amendment) Regulations 2012 (SI 2012/3040).”
This amendment will probably not find favour with the Minister as it relates to under-occupancy and the charges applied during the last three years, or even longer, that the bedroom tax has been in place. We know that that has caused significant difficulties for people not in a domestic violence situation. The purpose behind this amendment is to ensure that domestic violence victims are not penalised when they leave a secure tenancy and are then provided with a secure tenancy in another property with a spare room incorporated. The Minister will be relieved to hear that I will not speak ad infinitum on this. The principle behind the bedroom tax and its effectiveness will presumably be assessed over time.
We have to look at the Prime Minister’s intentions when she talks about her commitment to supporting victims of domestic violence, and we have to look at the circumstances. We should remember that every week two women die in domestic violence circumstances, ask ourselves why they do not leave their properties, and try to remove all the barriers to their doing so. I try to place myself in the situation that may befall some victims, and think about the significant barriers that would stop me leaving and trying to start again—not having a family network to rely on, not having the financial resources to fully support myself, the emotional difficulties that my children may be experiencing, and wanting to continue to support them and give them as normal a life as possible during a very challenging time. Given those burdens and blocks, had I been told that I was leaving a secure tenancy with the option of another tenancy that involved additional financial costs put upon me as an individual, it would worry me a great deal if I were on a low income or had limited means.
We must do everything we can to reduce the likelihood of victims returning to their abusers or ending up in an even worse situation through not having the security of a home. Removing those barriers is essential. We know that there are already exemptions to the bedroom tax, and victims of domestic violence should be included in that.
Mrs Wheeler
I thank the hon. Lady for being succinct and for indicating that she will not push the amendment to a vote. I will also be brief, and try to give her some succour.
Under the Bill, we expect that a local authority offering a tenancy will ensure, wherever possible, that that does not result in a tenant under-occupying the property. Allocating a property that is too big for the tenant’s needs would not be in the interests of the tenant or the landlord. The tenant, if eligible for housing benefit, would be subject to the adjustment to remove the spare room subsidy, and under-occupancy would not be the best use of scarce social housing.
Statutory allocation guidance issued in 2012 clearly recognises that when framing the rules to determine what size property to allocate to different households and in different circumstances, local authorities should take into account the removal of the spare room subsidy. Where the victim wishes to remain in her own property after the perpetrator has left, or been removed, we would expect in most cases that that would not result in an under-occupation charge. Domestic abuse will normally occur between partners, and in this case between joint tenants, and in such instances the property is typically let on the basis that both tenants share a bedroom. Removing the perpetrator would generally therefore not result in under-occupation.
When deciding whether to grant a further tenancy to victims who remain in their home, local authorities must take into account a number of factors, including the particular circumstances of the victim and her household. In some cases it may be more appropriate to offer a new tenancy in another smaller property—but only where appropriate. There may be a small number of cases where, for whatever reason, the local authority allocates a new property, or grants a new tenancy in the same property, and that property has more bedrooms than the tenant needs, but I expect that number to be very, very small. Furthermore, in such cases it would be open to the tenant to apply for discretionary housing payment to cover any rental shortfall.
The Government’s policy is not to deal with personal circumstances unrelated to the size of the property by the inclusion of general exemptions to the regulations, but rather to take into account a person’s individual circumstances separately, through the process of discretionary housing payments. In 2016 the Supreme Court upheld that policy, and dismissed a challenge for the removal of the spare room subsidy brought by a victim of domestic abuse on the grounds that it amounted to unlawful sex discrimination. That case involved a victim who was being provided with protection under a sanctuary scheme. Since 2011, £900 million has been provided to local authorities for discretionary housing payments to support vulnerable claimants, including victims of domestic abuse. Funding for 2018-21 was set out in the summer Budget in 2015, and for 2018 there will be £153 million for England and Wales.
The spare room subsidy was introduced to bring parity in treatment between the social and private rented sectors, and to encourage mobility, strengthen work incentives, and make better use of available social housing. Rules on the removal of the spare room subsidy already exist, and include an exception for victims of domestic abuse in refuges. We do not intend to provide any further exceptions. Where local authorities grant tenancies to victims of domestic abuse, they have a choice: they can either ensure that they offer a property that meets the tenant’s needs, or they can consider providing a discretionary housing payment. For all those reasons, I do not believe that the amendment is necessary, and I hope that the hon. Lady and her colleagues will agree to withdraw it.
Melanie Onn
I naturally find the Minister’s view disappointing, but if she is confident that the current provisions will not result in any hardship—I accept that Women’s Aid say that the measure would impact on a relatively small number of people—I will therefore beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rosie Duffield (Canterbury) (Lab)
As Opposition Members have mentioned many times, the barriers to leaving are crucial. We are talking mostly about women who have spent months, years, sometimes decades making mental lists over and again about their route out. Their route out will be to sort out the children’s school, to talk to their friends, to reach out to someone and to go to services. All those things take huge amounts of courage at the first step and then the next step, and then it possibly gets easier.
Our main responsibility today is to remove all the barriers on that route out. If those of us here decide to do something, we mostly have the money to do it. These women have been controlled financially, which is the main way in which women are controlled in a domestic violence situation. The partner may have run up debts that the woman cannot deal with, or certainly will have stopped access to money for anything from children’s presents to basic sanitary products and food. We have a duty to make sure that that crucial element is included in the Bill.
Finances are the barrier—the brick wall with no holes. Someone might be able to deal with the other things; they might be able to borrow a little money from a grandparent for a children’s present or for Tampax, but they will not be able to find £100—from the list of desperate, emergency things in their head—to prove that they have been a victim. It is essential to make sure that that is not a thing that happens.
Mrs Wheeler
I am sure we can all agree that we are not at ease with the idea of charging a fee to a victim of abuse who is seeking evidence of that abuse. The issue was raised when the Bill was debated in the Lords, and it was discussed on Second Reading in the Commons, particularly in relation to the medical profession.
As I understand the matter, the provision of notes or letters of evidence of abuse falls outside a GP’s NHS contract, and therefore a fee can be charged. Negotiations for the 2018-19 contracts are currently going on, and the Minister for Faith, Lord Bourne of Aberystwyth, who took the Bill through the Lords, has written to the Department of Health and Social Care to raise the concerns that arose among peers about this issue during the Bill’s passage through the Lords. As I said to hon. Members on Second Reading, I shall inform the House when we have a response to that letter.
It is, however, important to remember that victims of abuse may seek evidence from a wide variety of sources—not just GP letters or notes—as set out in the homelessness code of guidance. As part of the variety of evidence that can be supplied, an individual, as a data subject, can ask to be provided with their medical records.
Stella Creasy
One of the things about this country is that we do not own our medical records. When constituents of mine have tried to do as the Minister describes, doctors have been able to say no. The Secretary of State for Health and Social Care owns all our medical data and therefore access can be refused.
Mrs Wheeler
I thank the hon. Lady. Forgive me; I was not quite clear. From 25 May, the general data protection regulation becomes directly applicable and a data subject cannot be charged a fee except where a request is manifestly unfounded or excessive, or where requests are made for further copies of the same information. In that case, the fee must be reasonable and based on the administrative cost of providing the information. In the first instance, a person will be able to ask for their medical records from 25 May.
In addition, the British Medical Association advises GPs that where they intend to make a charge for providing a letter as evidence, they should inform the patient before doing so. The amendment has been introduced to deal specifically with GP charges, but it is widely drawn and, as a blanket prohibition, would apply across the public and private sector. I do not believe that regulating parts of the private sector is appropriate in the circumstances in question, or that it is a matter for the Bill.
For those reasons, I ask the hon. Member for Great Grimsby to withdraw the amendment.
Melanie Onn
I trust that the new measure due to be enacted at the end of April will go some way to removing some barriers that women face, although it will not go all the way. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mrs Wheeler
I am mindful that we break at 11.25, so I will be as brief as I can. Amendment 4 would extend the Bill so that it applied to housing associations. Generally, tenancies granted before 15 January 1989, the date the Housing Act 1988 came into force, were secure tenancies, even though they might have been granted by housing associations. With very limited exceptions—for example, in relation to their own tenants who already had a pre-’89 secure tenancy—tenancies granted by housing associations on or after that date have been assured tenancies under the Housing Act 1988 and not secure tenancies under the Housing Act 1985.
The amendment would ensure that, where a housing association decides to rehouse an existing lifetime tenant who needs to move to escape domestic abuse, it must grant a lifetime tenancy under the Housing Act within—
Melanie Onn
I want to be sure I understand correctly what the Minister is saying. Is that the housing association within its own organisation or is that between housing associations, perhaps in different local authority areas?
Mrs Wheeler
I am responding to the hon. Lady’s amendment, so I suppose that is a question for her. I do appreciate the motivation behind the amendment, which is to ensure that victims of domestic abuse are treated on the same basis, whether the landlord of the new property is a local authority or a housing association. However, I cannot accept the amendment for a number of reasons.
In the first place, local authorities and housing associations are very different entities, which are subject to different drivers and challenges. Local authorities are public sector organisations. When schedule 7 to the Housing and Planning Act 2016 comes into force, local authorities will generally be required to give fixed-term tenancies and will be able to grant lifetime tenancies only in limited circumstances specified in legislation or regulations.
Housing associations are private not-for-profit bodies. They will continue to have the freedom, as now, to offer lifetime tenancies wherever they consider them appropriate. The purpose of housing associations is to provide and manage homes for people in housing need. The vast majority are charities with charitable objectives that require them to put tenants at the heart of everything they do.
We would expect housing associations to take their responsibilities for people fleeing domestic violence very seriously. As some hon. Members may know, the Domestic Abuse Housing Alliance was set up, as the hon. Member for Great Grimsby said, by two leading housing associations, Peabody and Gentoo, together with Standing Together Against Domestic Violence, a UK charity bringing communities together to end domestic abuse. The alliance’s stated mission is to improve the housing sector’s response to domestic abuse through the introduction and adoption of an established set of standards and an accreditation process.
I am sure hon. Members will agree that housing associations play a critical role in delivering the affordable homes that we need. That includes providing a home for people fleeing domestic abuse.
Stella Creasy
Many of us pay tribute to the work that Peabody, and particularly Gudrun Burnet, has done on this. Sadly, I have to say to her that not every housing association lives up to the standards that she just articulated. Many of them, including some in my area, seem to act as private landlords that are given public commissions. Why would we penalise those tenants, who have been allocated to those housing associations by local authorities, by not giving them the equal protection that we see organisations such as Peabody offering?
Mrs Wheeler
I appreciate the hon. Lady’s comments. I have asked for guidance, and for clarification I will read it out so that we all know what we are talking about. Where council properties are moved over to an arm’s length management organisation—ALMO—that is included. These rules do not apply to separate housing associations, but they apply to ALMOs. That is crucial, because that will affect a lot of people across the country.
That includes providing a home for people fleeing domestic abuse, but we can only do that if there are the homes to put them in. It is vital that we ensure that housing associations remain in the private sector, so that they are able to borrow funding free of public sector spending guidelines. We must also avoid imposing any unnecessary controls that might risk reversing the Office for National Statistics classification of housing associations as private sector organisations.
The amendment would also require housing associations to offer secure tenancies. As I have explained, since 1989, housing associations have granted assured tenancies under the Housing Act 1988, except in very limited circumstances—for example, when dealing with a tenant who has an old-style secure tenancy. The rights of assured and secure tenancies are very different. For example, secure tenants have a statutory right to improve their property, and to be compensated for those improvements in certain circumstances.
The amendment would require private sector landlords to operate two different systems, which would be an unnecessary burden over and above the very limited circumstances in which they still manage pre-1989 tenancies. It would introduce unnecessary additional costs, which would introduce an element of confusion for tenants and would risk the re-classification of housing associations, as I stated earlier.
Mrs Wheeler
I am sorry about that. For the reasons I have given, I invite the hon. Member for Great Grimsby to withdraw the amendment.
Melanie Onn
It is with some disappointment that I will withdraw the amendment. I reserve the right to bring something back on Report and explore this matter a little further. I am sorry that we are running short of time; this is something that warrants a bit more investigation, because it will impact on thousands of people. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Kelly Tolhurst.)
Cable Standards: Fire Safety
Heather Wheeler Excerpts(6 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I am grateful to the right hon. Member for Knowsley (Mr Howarth) for raising the important issue of cable standards and fire safety. He has spoken about the Safer Structures campaign. Ministerial officials met representatives from the campaign last week to discuss issues around cable fire safety, and I hope that dialogue can continue.
Any debate about fire safety is of course overshadowed by the terrible events at Grenfell Tower last June. We must ensure that an event such as that cannot happen again. The public inquiry is looking at the circumstances of the fire, and we have commissioned an independent review of building regulations and fire safety to ensure that we have a regulatory system that is fit for purpose to deliver safe buildings.
When considering the fire safety of cables, there are three main aspects. The first is cables continuing to provide power to life safety systems in the event of fire. This is known as fire resistance of cables. Secondly, is the way in which cables burn, including how much smoke they produce. This is different to fire resistance and is known as reaction to fire. The third aspect is cables collapsing in a fire and preventing people from evacuating the building or hampering emergency services. I will set out how each of these aspects is controlled within the current system.
The right hon. Gentleman referred to European legislation. He was referring to the construction products regulation, which governs how construction products are placed on the European market, including those in the UK. The regulation works by requiring that products covered by a European harmonised standard must have a declaration of performance against key characteristics and must be CE marked. The European standard for cables, EN 50575, came into effect, as he said, in July 2017. This means that all electrical cabling should be tested for their reaction to fire and assigned to a performance class, which should be set out in the declaration of performance. It is up to member states, exactly as the right hon. Gentleman said, to determine whether they wish to set a minimum performance class through, for example, their building regulations. I would like to set out the ways in which our current regulatory system controls the safety of electrical cables in buildings.
The Government set standards for fire safety in buildings through part B of the regulations and approved document B. Approved document B contains guidance for the minimum fire resistance of electrical cables to ensure that life safety systems, such as fire alarms and emergency lighting, can operate during a fire. Also in approved document B are standards that attempt to prevent the spread of fire within a building—for example, in concealed voids where there may be large concentrations of electrical cables. Guidance states that physical barriers should be present to prevent fire and smoke spread within the void and throughout the building.
There are further standards for cables in electrical safety standards. The building regulation part P and the electricity at work regulations set requirements for electrical safety of work in homes and workplaces respectively. In both cases, the approved way to comply is to follow the British standard BS 7671, commonly known as the IET wiring regulations. BS 7671 is a long-standing and well-respected document, which sets a high standard for the electrical safety of installations, as the right hon. Gentleman said. Providing good-quality electrical work, in compliance with BS 7671, is the best way to reduce the risk of electrical fires starting in the first place. An example of BS 7671 improving standards is in requiring fire resistant supports for cables to prevent the cables collapsing in the event of a fire. This has been in the standard since 2015.
The BS 7671 standard also sets requirements for the reaction to fire from cables, equivalent to class E in EN 50575 under the construction products regulation. I am aware that BS 7671 is due to be revised in July 2018 and my officials have been working closely with the technical committees responsible for its contents. It is my understanding that the approach to reaction to fire is not due to change in the new edition, although there will be some further clarification on fire resistance supports for cables and a new reference to the requirements of the construction products regulation. I will be asking my officials to review the 18th edition of BS 7671 when it is published in July, and considering how we might reference the updated standard in our approved documents in future.
I understand that parts of the electrical cable industry think that the standard for fire reaction of cables should be higher. I am aware that there are differences of opinion on this matter within the industry technical committees and between different cable manufacturers in the UK. Some parts of the industry favour setting cable performance in response to the risk, which is how the existing system works, while others are asking the Government to set a blanket standard for all cables. I mentioned earlier that we have commissioned an independent review of building regulations and fire safety, as the right hon. Gentleman said, which is being led by Dame Judith Hackitt. Dame Judith’s interim report was published in December. In it, she identified product testing and quality assurance as one of the key areas she will focus on as she drafts her final report.
Jim Shannon
How can the Minister encourage electrical contractors to adhere to the new conditions to ensure that cables are sound and homes are safe?
Mrs Wheeler
I thank the hon. Gentleman for his second contribution tonight—the usual high standards for Strangford. The important thing is that BS 7671 in its 18th iteration will have that at its heart, because what we all want is safe cabling for the future for all our sakes.
I mentioned the independent review of building regulations. Dame Judith’s interim report was published in December. She is looking at identifying product testing and quality assurance as one of the key areas that she will focus on as she drafts her final report. I believe that that will answer the fifth question—I think—from the right hon. Member for Knowsley.
Dame Judith is due to produce a final report in the spring, after which the Government will consider her recommendations, including any specific recommendations concerning product testing and safety. I am happy to tell the right hon. Gentleman that as part of our consideration of Dame Judith’s recommendations, we will review the evidence of risk associated with electrical cabling to consider how we should respond. If he or other hon. Members have evidence that it would be useful for us to consider, please send it in to the Ministry.
In conclusion, a system of regulation is in place that controls the fire safety of cables. We do this through a number of regulations that work together to consider the fire performance of cables in the context of the building and to manage the risk appropriately. However, we recognise the importance of the issues that were raised by the right hon. Gentleman and the Safer Structures campaign. We await the recommendations of Dame Judith Hackitt’s review.
Mr Howarth
I am trying to reconcile a couple of statements that the Minister has made. On the one hand, she recognises that there is room for improvement, but on the other hand, she seems to be saying that everything is okay. They cannot both be right. Does she accept the point that I made in one of my questions, which was that this really does need some energy behind it if we are going to reach a constructive and better system?
Mrs Wheeler
I thank the right hon. Gentleman for his intervention and for repeating his question. The difficulty is that there is not agreement in the market. He has one producer in his constituency and he is doing a grand job of standing up for them, but the market is not in agreement on this matter, which is why we have to look at all the evidence and take it forward from there.
Mrs Wheeler
No, if the right hon. Gentleman does not mind, I am just going to conclude. We await the recommendations of Dame Judith Hackitt’s review. In the light of those, I am happy to confirm that we will work with the industry to review the evidence base for enhanced cable fire safety performance. Thank you, Mr Speaker, and I thank the right hon. Gentleman for bringing this matter to our attention.
Question put and agreed to.
Grenfell Update
Heather Wheeler Excerpts(6 years, 1 month ago)
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Tony Lloyd (Rochdale) (Lab)
I thank the Secretary of State for an advance copy of his statement.
Anybody who has dealt with people who have gone through this kind of tragedy is bound to have compassion and real empathy, and the Secretary of State is absolutely right to demand that from all the agencies involved. However, what has been absolutely lacking is the fire and zeal that that compassion and empathy should have delivered, both in the Secretary of State’s office and in the local authority that has so abysmally failed the survivors of Grenfell Tower.
We are now nine months on from this tragedy. Two hundred and nine families needed rehousing. Had the Secretary of State come to the House at the very beginning of this process and told us that, nine months on, only 62 of those families would have been permanently rehoused, he would have been laughed out of this Chamber, and rightly so.
Tony Lloyd
The hon. Lady mutters, “It’s their choice.” If we offer people a decent choice, they will move into the permanent homes they want. Nobody wants to be in emergency accommodation with their children. Eighty-two families are in emergency accommodation. This is a shameful record, nine months on.
In December, the Secretary of State told the House:
“I have been very clear with the council that I expect it to do whatever is necessary to help people into suitable homes as swiftly as possible. I am confident that the council is capable of that”.—[Official Report, 18 December 2017; Vol. 633, c. 773.]
Frankly, none of us can have confidence in this council. It has continued the litany of failure that it began those nine months ago, and indeed before, in the lead-up to the tragedy. When the Secretary of State’s promise that everyone would be rehoused within the year prior to the anniversary of the tragedy gave some hope to the survivors of Grenfell Tower. He has abysmally failed in that promise. He now has to say what he intends to do to make sure that he can give a reasonable timescale that gives reasonable hope to the many people who are still waiting for some good news out of the tragedy those nine months ago. I have to ask him a serious question: does he really have confidence in the council to deliver? If so, that confidence has so far been sadly misplaced. At what point will he step up and take responsibility, given that ultimately he is the Secretary of State with responsibility for housing and for relations with that failing council? Both for the nation as a whole and for the survivors of Grenfell Tower, it is time to see legitimate progress. This is simply not an acceptable record.
I turn now to some of the wider issues where we are still waiting for answers. The Secretary of State has been asked about the timescale with regard to the other local authority tower blocks. Only seven of the 300-plus tower blocks that were identified as having combustible material and as not meeting modern-day building regulations have been re-clad. When can he give us some sense of progress where we can see some real change taking place? He has legitimately made the point that at each of those affected blocks there are, for example, fire marshals to ensure public safety. That is a sensible precaution, but obviously what is really sensible is making sure that re-cladding is delivered where appropriate. In that context, he still has not answered the question as to when he will respond to the 41 local authorities that have asked for financial assistance to complete that task. I hope he can give us some idea of when progress will take place.
I have to raise again with the Secretary of State the question of private tower blocks. It is quite clear that the Government simply do not know which private blocks are affected, potentially putting their residents and tenants at risk. Of course, if we do not know which blocks have combustible material, that means that we do not know whether they have the fire marshals and alternative precautions that will keep people safe, at least on a temporary basis.
Last week the Secretary of State came to the House to tell us about the failure of the fire doors at Grenfell. I understand that, of the fire door samples tested this week, at least one of the three that failed came from blocks other than Grenfell Tower, which means that there is still a risk out there. Can the Secretary of State satisfy us that he knows where those defective doors are? That information needs to be put in the public domain and we need to do something about it.
Finally, developers are still building and they need to know when and how they can do so in a way consistent with public safety. We are not there yet. Nine months on from the tragedy, there has been a failure to protect the interests of the survivors of Grenfell Tower; a failure to ensure that structures are in place to guarantee that other tower blocks can be declared safe; and a failure to ensure that we can face the future in the knowledge that developers are building in a way consistent with public safety. The Secretary of State has to give certainty to the people who deserve it. This is not about Members in this Chamber or even the people of this country in general. The survivors of Grenfell Tower deserve an awful lot better, and he has to stand up and take responsibility.
Houses in Multiple Occupation: Combined Planning Applications
Heather Wheeler Excerpts(6 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is a pleasure to serve under your chairmanship, Mr Hanson.
I congratulate the hon. Member for Ealing North (Stephen Pound) on securing this important debate. I welcome the wide-ranging discussion and recognise many of the concerns about the impact of houses in multiple occupation, or HMOs, in certain areas.
I thought it would be helpful if I set out clearly the wide range of housing and planning controls that exist to control both the creation and operation of HMOs. I hope this will demonstrate that local authorities have an effective array of tools to ensure that any adverse impacts from HMOs can be properly addressed. Before discussing those controls in detail, it is important to acknowledge the wider context: the pressing national need to increase the supply of all types of housing.
As we set out in the housing White Paper, the Government are determined to boost the supply of housing and, over the longer term, create a more efficient housing market where outcomes more closely match the needs of all households. Our actions are already delivering success. Since 2010, we have delivered more than 357,000 new affordable homes, and around one quarter of them are in London.
The Prime Minister recently announced an additional £2 billion funding for affordable housing, which will increase the affordable homes programme budget to over £9 billion. The new funding will support councils and housing associations to build more affordable homes where they are needed most—where families are struggling with rental costs, and some are at risk of homelessness. But there is more to do.
The Government recently published a revision of the national planning policy framework for consultation, which implements around 80 reforms announced last year. It will ensure that planning remains locally led and that all local communities get the homes and infrastructure they need. It represents an ambitious step forward in our aim to tackle the housing crisis by bringing forward more land for housing in the right places. The consultation runs until 10 May at 11.45, that is 23.45—
Mrs Wheeler
At 23.45.
Subject to being properly planned, constructed and managed, the provision of additional HMOs can make a small but important contribution to housing supply in some areas. That is particularly true for those entering the market for the first time.
One final point of introduction: hon. Members will appreciate that because of the Secretary of State’s role in the planning process, I cannot comment on specific cases raised today. I apologise to the hon. Gentleman that my comments will therefore cover the issues in general. I hope, none the less, to reassure hon. Members that the Government take proper control of HMOs seriously.
HMOs play an important role in the private rented sector. They provide a cheaper alternative to other private rented accommodation and flexibility. However, they sometimes pose greater management challenges than single household accommodation. That is why mandatory licensing of HMOs was introduced in 2004 for properties with three or more storeys that are occupied by five or more people. Since its introduction over a decade ago, it has been successful in raising standards and enabling local authorities to tackle overcrowded conditions and poor management practices. However, significant growth in the private rented sector means that some smaller properties are being converted for use as HMOs. Those HMOs do not legally require a licence at the minute, and there are sometimes problems with standards. To address that, we are extending mandatory licensing, which we expect to come into force in October 2018.
I am sure you will be pleased to hear, Mr Hanson, that the extended scope of mandatory HMO licensing will cover properties where five or more unrelated tenants share facilities, regardless of the number of floors in the building. We are also creating two new mandatory HMO licence conditions: national minimum sizes for rooms used as sleeping accommodation, and a requirement to comply with council refuse schemes.
Gareth Snell
As the Minister is outlining things that the Government are looking to do, would they be willing to consider a saturation limit? As my hon. Friend the Member for Ealing North (Stephen Pound) said, the issue is not necessarily the numbers, but the concentration in certain areas. If the Government were able to entertain that, I am sure she would find cross-party support.
Mrs Wheeler
There is not, in fact, a limit on the number of HMO licences a local housing authority can issue, so it can deal with it that way.
Good management of HMOs is important. Before a local housing authority can issue a licence, it must be satisfied that the proposed licence holder or landlord is a fit and proper person. It has to ensure that the landlord has no unspent convictions, has not carried out unlawful discrimination and is not in contravention of housing or landlord and tenant law.
Local authorities have the powers that they need to impose conditions on how landlords manage these properties, and to ensure that they do not cause overcrowding. Conditions can also be included to ensure that landlords maintain the upkeep of properties. The conditions can also make them responsible for such things as antisocial behaviour committed by their tenants. A breach of a licence condition is a criminal offence and a licence holder can receive a substantial fine if convicted. Repeated or substantial breaches of a condition can also result in the licence being revoked. That is a significant penalty.
Licensing HMO properties strengthens a local authority’s enforcement capacity. They have strong powers in the Housing Act 2004 to tackle poor property conditions and overcrowding in HMOs. They can serve improvement notices requiring landlords to carry out works to remedy poor conditions or make prohibition orders to prevent overcrowding. In the most serious cases, where the health and safety of tenants and their families is at significant risk, local authorities are under a duty to take action to combat the problem.
Landlords who fail to comply with an improvement notice or prohibition order are committing a criminal offence. Indeed, failure to apply for a licence is also a criminal offence. We have gone further in tackling rogue landlords by introducing new powers in the Housing and Planning Act 2016 that mean that non-compliant landlords can face a civil penalty of up to £30,000. Furthermore, we have enabled local authorities to keep the income from such fines to support their enforcement capacity.
Ealing, specifically, has been proactive in licensing smaller HMOs by introducing an additional licensing scheme in 2017 to cover HMOs occupied by four people or more. Ealing has gone further in using licensing to raise standards in the sector. It has also introduced selective licensing, which allows it to license all private rented properties in specific parts east of the borough. That is with a view to driving improvements in the quality and management of such properties. Ealing has also previously been successful in securing additional financial support under our rogue landlord funding. Through that, it has carried out more than 1,500 inspections and 30 raids in partnership with the UK Border Agency.
However, I recognise that HMO accommodation can sometimes lead to problems for local residents who live in the vicinity. Many of the problems arise from the intensification of the use of the property. If there is a concentration of HMOs, the cumulative impact can affect neighbours’ amenities. The planning system also has a role to play in controlling such development. Permitted development rights allow a family house to be changed to a small house in multiple occupation for up to six people sharing facilities without a planning application. Where neighbours have concerns, they can alert the planning authority. It is then for the planning authority to determine whether the works are lawful, and if not what, if any, action to take.
I will get to article 4, but I am concerned about the time because the hon. Gentleman probably wants to respond.
Mrs Wheeler
The hon. Gentleman does not? That is really kind; I thank him.
I will talk more about enforcement. A landlord who deliberately rents out a house to more than six individuals would be in breach of planning control if they had not obtained planning permission from the local planning authority, so it could take enforcement action.
The Government believe that it is important to tackle breaches of planning control that would have an unacceptable impact on the amenity of an area. Local planning authorities already have a wide range of strong enforcement powers to do so. However, enforcement action can be taken only when a breach has occurred. It cannot be taken in anticipation of a likely breach; although, where a local authority considers that an unauthorised development is likely to occur, it can apply for an injunction to prevent that from happening.
Making full and effective use of all the available powers can also act as a deterrent. Taking action against the unlawful development of houses in multiple occupation in a targeted area, combined with licensing and building regulation enforcement if necessary, can send a strong message to other rogue developers and landlords that they will not be tolerated. However, it is up to planning authorities when and how they use these powers. I am encouraged to learn that the hon. Gentleman recently met the chief planner of Ealing London Borough Council to discuss the local issue. It is best placed to undertake these investigations.
To conclude, I hope that hon. Members are convinced that there are rigorous powers available to local authorities to ensure the control and management of HMOs.
Motion lapsed (Standing Order No. 10(6)).
Local Authority Financial Sustainability: NAO Report
Heather Wheeler Excerpts(6 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is a pleasure to serve under your chairmanship, Mr Evans—for the first time, I believe. I congratulate the hon. Member for Weaver Vale (Mike Amesbury) on securing the debate. For the record, I am married to a councillor, and I employ a councillor.
This is an important issue that the Government take seriously, and we recognise the hard work of our councillors, councils and council staff. The report sets out the National Audit Office’s view on the financial sustainability of the sector. I wish to take this opportunity to set out what the Government are doing to support local authorities and to design a fairer and more transparent system of funding that gives them more control over the money they raise. Every day, local authorities deliver vital services to the communities they serve. Like the rest of the public sector, they have had their part to play in helping to bring down the deficit. It is to their credit that they have continued to provide high-quality services, while delivering a better deal for the taxpayer. Indeed, so good are they that non-ring-fenced reserves have increased by 47% since 2011, to £21 billion in March 2017.
We take the funding of local government very seriously. That is demonstrated by the package of measures that we provide to local government as part of the 2018-19 finance settlement, which Parliament approved last month. The settlement confirmed a real-terms increase in resources for local government over the next two years, from £44.3 billion in 2017-18 to £45.6 billion in 2019-20. That is the third of a four-year deal, and it has reinforced our commitment to delivering more freedom and fairness, and greater certainty to plan and secure value for money. The deal has given English councils access to more than £200 billion of funding in the five years to 2020.
We recognise that pressures are growing, particularly in the light of higher than expected inflation—I was delighted, however, to hear today’s announcement that inflation is down to 2.75%—and pressures on services such as adult and children’s social care. That is why in the settlement we sought to strike a balance between addressing the pressures on services and the burden placed on taxpayers, by increasing the core council tax referendum principle by 1% to 3% for authorities in 2018-19.
Andrew Gwynne
But that is not a single penny extra from central Government. All the Minister has done is shift the burden from central Government on to local taxpayers. As I explained, a 1% increase in Tameside brings in £700,000. It is not enough, is it?
Mrs Wheeler
I thank the hon. Gentleman for that intervention and repeat: the money from this Government has increased from £44.3 billion in 2017-18 to £45.6 billion in 2019-20. The National Audit Office rightly noted that local authorities are increasing their spending on the social care services that councils provide to our elderly and vulnerable citizens, in the face of growing demand. This is why at the spring Budget in 2017 an additional £2 billion was announced for adult social care. This year we have seen how that money has enabled councils to increase provider fees, provide for more care packages and reduce delayed transfers of care.
Mike Amesbury
That still equates to a 3% reduction from 2010 to 2017. It is a real-terms reduction.
Mrs Wheeler
I am always delighted to hear the dexterity of mathematicians in this building. It is £44 billion up to £45 billion, which I see as an increase. [Interruption.] I will move on. Local government and the NHS have worked in collaboration this year to deliver significant improvements in care. That is highlighted by the 26% reduction in delayed transfers of care, when comparing February this year with February last year. That is not all, however, because a further £150 million is being made available in 2018-19 for adult social care support grants. That, alongside the freedom to raise more money more quickly through the use of the adult social care precept, and the improved better care programme, means that councils have access to £9.4 billion in dedicated adult social care funding over the three years from 2017-18 to 2019-20.
Fiona Onasanya
Listening to the figures being presented, I understand the proposition that there has been an increase in funding. However, as Labour Members have said in their contributions, in real terms this is not an increase because supply is not keeping up with demand. I feel that this is like the emperor’s new clothes—the emperor seeks to describe the elegant, flamboyant gown that he is wearing, but actually he is completely naked. The amounts that the Minister is talking about do not keep up with the demand. These are demand-led services, and that is the point we are seeking to make.
Mrs Wheeler
The hon. Lady makes her point very elegantly, but I prefer the dress she is wearing today to ones I might imagine.
Alongside the £150 million for adult social care support grants, there is the freedom to access £9.4 billion up to 2019-20. I make it absolutely clear that real improvements are being made in adult social care services. That is in relation to the delayed transfers that have happened and the change whereby the NHS is working so much better by working hand in hand with local government. There has been such an improvement.
Like the NAO, we recognise the importance of investment in prevention and in high-quality children’s services. That is why the Government have invested almost £250 million since 2014 to help the children’s social care sector to innovate and redesign service delivery to achieve higher quality and better value for money. We have also invested £920 million in the troubled families programme, reducing the number of children in need.
I would like to say something about our work to deliver a fairer funding settlement for local government—I do appreciate the comments from the hon. Member for Denton and Reddish (Andrew Gwynne) on this matter. We all know that we live in a changing world. Over the years, the current formula for budget allocations has served councils well, but what is right today might not be right tomorrow. The conditions that councils face, including demographic shifts in some parts of the country and new risks, mean that the system of financing local government also needs to change. We need an updated and more responsive way of distributing funding that gives councils the ability to meet the challenges of the future. That is why we are currently working with councils to undertake a review of local authorities’ needs and resources. There have been widespread calls for a thorough review, and we will deliver that.
We are committed to using the most up-to-date data available and, as far as possible, taking an evidence-based approach to both current and future demand. What we are looking to do is very important. We want to devise a new funding system that more fairly reflects modern needs. The Government aim to implement a new system, based on their findings, in 2020-21. Alongside the new methodology, in 2020-21 the Government are committed to giving local authorities greater control over the money they raise.
Wera Hobhouse
Will the Minister ensure that no council gets less money as a consequence of the new funding formula that she is proposing?
Mrs Wheeler
Much as I would love to do that, I think the safest thing I can do is refer the hon. Lady to the new funding for schools. Every single school has not had a reduction under the new fairer funding; every single school has had an increase of at least 1%.
Mrs Wheeler
No, I am going to carry on. As I said, alongside the new methodology, the Government are committed to giving local authorities greater control over the money they raise, which we are doing through our plans for increasing business rates retention. Local authorities are the engines of local growth. They know best the levers to pull to boost their business rates, which is why business rates retention is an important move. Our aim is for local authorities to retain 75% of business rates from 2020-21, with the other 25% going to councils that do not have a large business rates take.
Emma Hardy
On that point, if I am not able to make the point that I was going to make previously, I want to ask this: will the system make allowances for councils such as Hull? Currently, 81% of its income comes from the Government revenue grant and only 19% can be raised locally.
Mrs Wheeler
Yes, indeed. Forgive me for repeating myself, Mr Evans: 25% will go to the councils that do not have large business rates retention.
Emma Hardy
The Minister says 25%. Hull City Council currently relies on the Government revenue grant for 81% of its income, not 75%.
Mrs Wheeler
The business rates for the City of London are many, many millions of pounds. The money that is split out goes to the rest of the country.
Andrew Gwynne
Of course, this is not just about the councils that are unable to raise enough business rates to support their services now. Will adequate funding mechanisms be in place to ensure that if a large employer were to close and leave a council that is currently sustainable in terms of business rates, it would in effect get the shortfall created by the employer moving out or closing down?
Mrs Wheeler
I would be devastated if that happened and I cannot imagine why it would happen, with the growing economy that we have.
We will continue to work with the sector to identify opportunities to increase the level of business rates retention further at the right time. We are already making progress towards that. The Government have announced an expansion of the piloting programme for business rates retention into 2018-19. In the latest round of pilot bids, more than 200 authorities put themselves forward, demonstrating local government’s enthusiasm for business rates retention. We are enthusiastic about working with them to take that agenda forward. We will be taking forward 10 new pilots, covering 89 authorities, instead of the five that we originally planned. A further pilot will begin in London in 2018-19, and existing devolution pilots will continue in 2018-19. The 10 that we have selected, taken alongside the existing pilots, give a broad geographic spread.
Mike Amesbury
At what stage will the Government legislate, as they previously stated they would, to ensure that there is 100% business rates retention? And surely, as part of the funding mix, an area-based grant needs to be retained.
Mrs Wheeler
I am afraid that the hon. Gentleman will have to wait for that to happen.
I referred to a broad geographic spread. That was carefully thought through, as we want to see exactly how the system works across the country, and the pilots will ensure that that happens. The expansion of the pilots, and our plan to do more piloting in 2019-20, is how the Government are listening to the voice of local councils. The precise benefit to the areas involved will depend on the economic growth that they achieve. I am very keen to see what we can learn from these and the other pilots. We should be clear: the system of business rates retention is helping local authorities to benefit from the proceeds of growth.
Dan Carden
Does the Minister agree with us that, actually, a fair funding formula is about the requirements of the citizens who live in the area, and that that has to be the responsibility of not just local government, but national Government? I invite the Minister to come to Liverpool to see what would be the consequences of any business rates changes before they take place.
Mrs Wheeler
I thank the hon. Gentleman for that kind invitation; I am sure that eventually that will happen. Thanks to the business rates retention scheme, local authorities have had approximately an additional £1.3 billion of funding to support local services in 2017-18. That is over and above their core settlement funding.
Investment is important, but it is also vital that local government continues its work to deliver better value for money. Local government has a strong track record on efficiency, setting an example to other parts of the public sector. My right hon. Friend the Secretary of State and the Under-Secretary of State, my hon. Friend the Member for Richmond (Yorks) (Rishi Sunak), who is responsible for local government, are keen to continue to work with the sector to increase transparency and share best practice and to harness the power of digital to transform services.
I am glad that we have had this chance to discuss the National Audit Office report. It is good that the NAO has recognised the positive work of the Department in getting to grips with the challenges across local government. I believe that the Government have shown that we are alive to the challenges that the sector faces and have a coherent plan for reform.
I thank the hon. Member for Weaver Vale for calling a debate on this important issue. I look forward to working closely with many colleagues over the coming months and discussing some of the challenges and opportunities facing the local government sector, and I look forward to hearing the hon. Member for Weaver Vale winding up the debate now.
Secure Tenancies (Victims of Domestic Abuse) Bill [Lords]
Heather Wheeler Excerpts(6 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I beg to move, That the Bill be now read a Second time.
I am delighted to move the Bill’s Second Reading. Hon. Members will know that domestic abuse is a devastating issue that has a serious impact on the lives of the victim and their family, and on society as a whole. It can be physical, psychological, sexual and financial, and when violence is involved, the victim and their family are placed in immediate physical danger. All forms of domestic abuse have long-term damaging emotional effects on the victim and their family, and place huge costs on society and the public purse. An estimated 1.9 million people in England and Wales suffer from some form of domestic abuse each year, according to crime survey statistics.
This short and focused Bill is an important part of the Government’s wider aim of supporting victims of domestic abuse to leave their abusive situation and ensuring that they and their families are provided with the stability and security that they need and deserve. We are fortunate that the Bill has reached us after scrutiny in the other place. The amendments made there have improved its consistency and extended protections for victims of domestic abuse. I am aware that the Bill has strong cross-party support. I commend the Minister for faith, Lord Bourne, for successfully steering it through the other place and pay tribute to domestics abuse charities, particularly Women’s Aid, for their contribution to ensuring that it is in such good shape.
Catherine West (Hornsey and Wood Green) (Lab)
Will the Minister join me in praising the work of Solace Women’s Aid in London? It does an incredible job for women who are survivors and victims—sadly—of domestic abuse.
Mrs Wheeler
I thank the hon. Lady for mentioning Solace, which has a very good reputation across London. It is quite right that it should get a namecheck in this place.
The Bill will do two things. First, it will ensure that if victims of domestic abuse who have a lifetime social tenancy need to flee their current home to escape abuse, they will be granted a new tenancy and retain their lifetime tenancy in their new social home. It will also apply to lifetime tenants who, having fled their homes, may be considered to have lost their security of tenure, or may have lost their lifetime tenancy altogether before they are rehoused. The Bill will specifically protect all lifetime social tenants in such circumstances, whether they have a secure local authority tenancy, or an assured tenancy with a private registered provider of social housing —a housing association.
Secondly, the Bill will ensure that victims of domestic abuse who are joint lifetime tenants and want to remain in their home after the abuser has left or has been removed can be granted a new lifetime tenancy after the joint tenancy has ended. We have Baroness Lister of Burtersett to thank for her persistence in ensuring that the Bill should be extended to apply to that situation as well. The provisions will apply to all local authorities in England, and not only when the tenant is a victim of domestic abuse, but when a member of the household, such as a child, has suffered domestic abuse. The definition of domestic abuse has deliberately been drawn widely to apply not just to those who have suffered physical abuse and violence, but to victims of psychological, sexual, financial and emotional abuse.
The Bill delivers on a commitment the Government made to the House during the passage of the Housing and Planning Act 2016. We committed to ensuring that when local authorities move to fixed-term tenancies, the regulations that specify when they may grant a further lifetime tenancy would make that mandatory for victims of domestic abuse. Primary legislation is necessary for us to deliver on that commitment, and I am very pleased to be introducing it today.
I should make it clear that the Bill does not create a new requirement for local authorities to rehouse lifetime tenants who are the victims of domestic abuse, and does not require local authorities to grant a further tenancy to victims in their own homes after the perpetrator has left. However, it ensures that when a lifetime tenant is rehoused in those circumstances, or when a victim is granted a new tenancy in his or her home after the previous tenancy has ended, the victim does not lose security of tenure. The purpose is to remove an impediment that could prevent victims from leaving their abusive situations, or from taking steps to secure their safety in their current social homes. The Government are absolutely committed to supporting victims of domestic abuse.
Toby Perkins (Chesterfield) (Lab)
That support for victims of domestic violence is incredibly important. Will the Minister say a little more about allocations policy, which seems to be applied very inconsistently in different local authority areas? If a victim of domestic violence moves from one area to a hostel in another local authority area, should that local authority have a responsibility for the tenant who is fleeing domestic violence?
Mrs Wheeler
The average stay in a hostel or refuge can be up to four and a half or five months, so a local connection is created. Most local authorities that deal on a workaday basis with people who need to be rehoused from refuges take the view that domestic abuse is one of the highest priorities when it comes to the reallocation of premises. I think that there needs to be a full and frank discussion about which is the best place for a family to move to, and the best place may be where the family have been for the last four and a half months.
Toby Perkins
It is true that some local authorities take the view that the Minister describes, but would it not be better if central Government made the rules clear? Allowing people who are fleeing domestic violence to stay in hostels for an extended length of time simply in order to develop a local connection is the wrong approach. Do the Government plan to put in statute the rights of victims of domestic violence in respect of future allocations?
Mrs Wheeler
That is a very good question, but I do not think there is the problem that the hon. Gentleman thinks there is. I have certainly never known that to be the case.
As I have said, the Government are absolutely committed to supporting victims of domestic abuse, which is why we have invested £33.5 million in supporting them since 2014. However, we want to go further. We are carrying out a fundamental review of the commissioning and funding of domestic abuse services, which will conclude this summer. I look forward to updating the House on its progress later in the year. We will also announce details of further significant funding for domestic abuse services as early as possible in the new financial year. It will be open to all local areas to bid for a share.
Leo Docherty (Aldershot) (Con)
I am very pleased that the Bill is being introduced, but will my hon. Friend give us a little more detail about how information about the changes will be spread? My constituency is lucky to benefit from the work of the North East Hampshire Domestic Abuse Forum, led by the magnificent Karen Evans, which does a tremendous job of spreading such information. What provision does the Bill make for that sort of work?
Mrs Wheeler
The Bill is specifically about lifetime tenancies. The review of women’s refuges is about provision across the country. Some areas specialise in sanctuaries rather than hostels or refuges; others specialise in hostels followed by move-on accommodation and the involvement of outreach workers. We intend to review all provision in the country, to close the review in the summer, and to report back in the autumn. We will be updating the House as we proceed.
The most recent lettings data show that in 2016-17, some 1.52% of all social lettings were to existing social tenants who cited domestic violence as the main reason why they left their previous social home. This may be a small proportion of tenants, but it is still more than 5,000 lives affected by domestic abuse, and those people can be supported better under the provisions in this Bill.
As Lord Bourne of Aberystwyth said in the other place, we understand and appreciate
“that there will be other circumstances in which it might be appropriate for local authorities to continue to offer lifetime tenancies at their discretion. We will set out those circumstances in regulations that we are currently developing.”—[Official Report, House of Lords, 9 January 2018; Vol. 788, c. 136.]
I hope that that helps the hon. Member for Chesterfield (Toby Perkins). These regulations will be subject to the affirmative procedure, and the House will have the opportunity to debate them after they have been laid.
As I said at the start of my speech, this Bill has already faced scrutiny in the other place, and it reaches us in a much better shape as a result. This is a great example of how constructive cross-party efforts can have positive results, and I have been extremely pleased with the work going forward. I am grateful to colleagues on both sides of the House for taking so much time to talk to me about the Bill. I hope that all hon. Members can support this narrow Bill for a specific purpose. I look forward to our further helpful debates about the Bill.
Melanie Onn
My hon. Friend makes the important point that it is not a single issue but a variety of factors that has culminated in a very difficult situation for women and domestic abuse victims, who are in incredibly vulnerable positions.
Despite the intentions for the 2016 Act, it became clear that they had not been implemented. Ministers have acted quickly to rectify that situation by bringing this Bill to the House. I am pleased that the Bill is before us today and that dealing with the matter was not delayed until the introduction of the domestic violence and abuse Bill, as this is a matter of critical importance.
Housing insecurity has a massive effect on women’s ability to leave abusive relationships and to start rebuilding their lives after managing to leave. A Women’s Aid study showed that 63% of women in its refuges had spent over two years in their abusive relationship, with 17% spending over 10 years in it. Women’s Aid also says that housing concerns are a major barrier for many women who are trying to escape domestic abuse, and that housing insecurity interferes with the processes that enable them to begin undoing the harms of domestic violence. The reality is that far too many women are put in a position where their only choice is between staying in an abusive relationship and ending up in a temporary accommodation system that is increasingly unfit for purpose. That is truly horrific.
Many women in abusive relationships also have children and other dependants whom they must consider when making their dreadful choice. That is why this Bill is so important. By providing security of tenure to those who previously held old-style secure tenancies, the Bill will remove a key barrier that prevents victims of domestic violence from leaving an abusive relationship and rebuilding their lives.
The Bill helps only a fraction of victims of domestic violence, however, and in one way. Such victims are the people who are forced out of their properties, abandoning friendships, communities, their children’s schools and other family members. Rarely in our justice system do we see the perpetrator rather than the victim being forced to give up so much of their life. It is not right that victims of domestic violence should be forced to do just that in such a sudden and immediate way. They often have to leave with little notice and have no opportunity to plan or secure future housing, schooling and many other needs. I am pleased to see that the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), in the Chamber to hear this. These issues cannot be solved without joint enterprise between Government Departments, and I am pleased that she is here to listen to the debate.
It is welcome that the Bill offers a secure tenancy to victims, but many will simply be unable to go through the process of moving into such a tenancy straight from their previous one. Many victims of domestic abuse will leave their abusive relationships with very few possessions and nowhere to go. This is why we need a fit-for-purpose refuge system to provide a safe haven for those with nowhere to go. Unfortunately, the current system is simply failing women across the country. Just this Friday, victims of domestic violence from Birmingham were offered accommodation in Burton and Milton Keynes, and even as far away as Manchester. Birmingham is not a small town experiencing a spike in referrals. It is a city of 2.5 million people that is sending victims 86 miles away because it does not have the capacity to accommodate vulnerable people.
Sadly, that fits into the national crisis under this Government. One fifth of specialist women’s refuges have shut down under the Conservatives, and 60% of all referrals to refuges were declined in 2016-17 due to a lack of space. Furthermore, 95% of refuge managers have reported turning away victims with complex mental health needs, with physical impairments or with a large number of children over a six-month period because they simply did not have the means to accommodate and care for them. On a typical day, 155 women and 103 children are turned away from refuges. This national crisis needs urgent attention, but instead the Government are pressing ahead with their catastrophic reforms to supported housing funding that threaten the future of refuges as we know them. Charities such as Women’s Aid, St Mungo’s, Shelter and the Salvation Army all highlighted their concerns to the Government during the consultation period, and serious questions remain about the effect of the Government’s proposals on refuges.
The reality for the funding of refuges is that, following an oversight—if I am going to be generous—by the Government, supported housing, including refuges, was included in the local housing allowance caps. A review into the funding of supported housing ended on 23 January, but the Minister has said today that there will be yet another extension, review and consultation, specifically with regard to refuge. It seems to me that when refuges are asking for security and reassurance for the sector when it comes to funding, another review will not help.
Mrs Wheeler
To set the record straight, it is not a review. It is an audit, and we have been asked by those in the business to do this.
Melanie Onn
I thank the Minister for that comment. I genuinely believe that this has been asked for as a result of the lack of clarity that came out of the Government’s review that ended on 23 January. The sector needs security and reassurance about its funding if it is to extend its provision and support the people who, as the Minister has rightly acknowledged, deserve all the support that the Government can afford to provide.
How can councils measure local demand when two thirds of victims of domestic abuse come from outside their local authority area? Are the Government finally ready to offer assurances to providers of refuges, and to guarantee that funding will be ring-fenced for 2021 and beyond and that the £500 million set aside by the Treasury for 2021-22 has been assigned to supported housing? According to Women’s Aid, more than half of refuges will have to close their service entirely or reduce the number of spaces available if these reforms go through as proposed. Will the Government therefore use the end of the consultation period on 23 January to finally listen to the experts in this field and to reconsider their reforms?
One thing that the Government must do to remove some of the pressure on short-term supported housing providers is ensure that victims and their families are rehoused in their secure tenancies as soon as possible. However, social rent capacity—whether provided by councils or by housing associations—is in crisis. New social housing is desperately needed, but the Government funded fewer than 1,000 new homes last year. In 2010, Labour left the Government a legacy of 40,000 new social rental houses a year, because we knew that having readily available social housing stock around the country is critical for so many people, including domestic violence victims. The Conservatives have taken a wrecking ball to that legacy, with fewer than 1,000 social rental homes being built in the past year, a number dwarfed by the 13,500 social homes that were sold off under the Government’s right-to-buy scheme.
That perhaps explains the Government’s rationale behind the Housing and Planning Act 2016. Rather than allowing councils to offer a secure, stable home to those who need it and building a sustainable amount of social housing, the Government decided to rip the heart out of social housing by making social tenancies more insecure. I note that the Government have not published plans to go ahead with the change agreed in the 2016 Act, and I wonder whether they have seen sense and have reconsidered the changes that they proposed in 2016. If not, perhaps they will tell us today when they plan to implement the changes.
The Government must solve the myriad problems with provision for domestic abuse victims as soon as possible. The Bill before the House today represents a small step in the right direction, and we will support it, but this legislation should have been enshrined in the 2016 Act. As such, Labour will be particularly hawkish in ensuring that the Bill carries out its intended purposes and lives up to the guarantees that the Government gave in the other place. The Bill must ensure that the many women who move local authority area after being victims of domestic abuse can transfer the right to a secure tenancy to their new local authority. The Government guaranteed that after an amendment tabled by my colleague Baroness Lister, as the Minister recognised.
Victims of domestic abuse need support after leaving an abusive relationship, and knowing that a safe pathway out of an abusive relationship exists will ease many of the worries that prevent the ending of an abusive relationship. Much more needs to be done to make that a reality. I hope that the forthcoming domestic violence and abuse Bill does much to improve provision, but we are happy to support this Bill’s Second Reading.
Mrs Wheeler
With the leave of the House, Madam Deputy Speaker, I am grateful to have the opportunity to respond to the debate.
As I set out in my opening speech, the Bill forms part of the Government’s wider work to support victims of domestic abuse. Some £20 million of spending supports 80 projects with more than 2,000 bed spaces, helping to build a new life for domestic violence victims in safety and security. The Bill removes an impediment to victims of domestic abuse from being able to escape their abusive situation. It ensures that those who have a lifetime social tenancy and need to flee their current home so as to be safe from abuse are able to retain their lifetime tenancy in their new social home.
The Bill was improved in the Lords. As a result, it also covers a situation where a victim of abuse who is a joint lifetime tenant and wants to remain in their current home after the abuser has left or been removed can be granted a new sole lifetime tenancy in their social home. We have ensured that the Bill covers off circumstances in which a victim of domestic abuse who has or had a lifetime tenancy is seeking a new tenancy as a consequence of that abuse. This may be a short Bill but, as I am sure that we all agree, it is an important one with the potential to make a real change to victims’ lives.
A few questions were raised during the debate. In response to the hon. Member for Chesterfield (Toby Perkins)—I will read this word for word, if I may—“A further Government amendment was made to the existing provisions of the Bill for victims who move to cover the scenario where the tenant has lost her security of tenure or no longer has a tenancy at all after she has fled her home. The amendment means that in this circumstance she will still be granted a lifetime tenancy in the new council property so long as the new tenancy is granted for reasons connected with the abuse.” I think that that answers his question.
Mrs Wheeler
No, I will not—I have to move on.
My hon. Friend the Member for Clacton (Giles Watling) brought up the matter of domestic violence as a priority for Essex police. I am very grateful for that. Councils have been given large amounts to help them to support people in this regard, and training on domestic abuse has been provided from that funding pot.
My hon. Friend the Member for Northampton South (Andrew Lewer) mentioned GPs charging for letters. The provision of notes or letters as evidence falls outside a GP’s NHS contract, so a fee can currently be charged. This issue was raised in the Lords, as we heard, and Lord Bourne of Aberystwyth has already written to the Department of Health and Social Care about it. While we await a response, it is important to note that GP contract negotiations for 2018-19 are still ongoing and negotiations for the 2019-20 contract begin in April. We look forward to receiving the details of that response.
We have had a very good debate. There is cross-party support for the Bill. I am grateful to everybody who has been involved in the debate and hope that I have dealt with the points that have been raised. I commend the Bill to the House and look forward to discussing it further during its later stages.
Question put and agreed to.
Bill accordingly read a Second time.
Madam Deputy Speaker (Dame Rosie Winterton)
We now come to the programme motion. I must inform the House that paragraph 5 of the motion on the Order Paper should refer to Third Reading being brought to a conclusion three hours after the commencement of proceedings on consideration, not on Third Reading.
Secure Tenancies (Victims of Domestic Abuse) Bill [Lords] (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Secure Tenancies (Victims of Domestic Abuse) Bill [Lords]:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 27 March.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on Consideration.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on Consideration.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Paul Maynard.)
Question agreed to.
Oral Answers to Questions
Heather Wheeler Excerpts(6 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Stephen Timms (East Ham) (Lab)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
Since 2010 we have delivered 357,000 affordable homes, including about 128,000 homes for social rent. The Government are providing £9 billion for affordable housing, a £1 billion housing revenue account borrowing freedom, and rent certainty for social landlords. Those measures will support social landlords to build more affordable homes where the need is greatest.
Stephen Timms
The number of Government-funded homes built for social rent fell to 199 in the past six months—the lowest number since records have been kept. Is it not now clear that there is an urgent need for a major Government-funded programme of social housing?
Mrs Wheeler
I know that this is an issue that the right hon. Gentleman has championed, and it is a pleasure to do business with him. We absolutely recognise the critical role that supported accommodation can play in helping vulnerable people to live independently. In fact, we have delivered almost 30,000 new units and we have plans to increase the number in those areas that need it most.
Bob Blackman (Harrow East) (Con)
I thank my hon. Friend for her answers. Will she explain why the Department is returning to the Treasury money that could be used to build desperately needed affordable new homes?
Mrs Wheeler
I am delighted that my hon. Friend has asked that question, because some people seem to be causing mischief. This is less than 3% of the total budget. The money has been re-profiled, to come back in in future years. When councils, local authorities and housing associations can bid in, the money is there to be spent. We want it to be spent.
Alex Norris (Nottingham North) (Lab/Co-op)
Building council houses is a very effective and financially prudent way to provide houses for social rent, but it is being choked off by the Government persisting with only inching the cap up, when they could remove it completely. When will they remove the cap and let our councils get building?
Mrs Wheeler
I do not understand why people misunderstand what is going on in local government finance. For those areas with the most serious shortages of affordable housing, the cap has been lifted to £1 billion of borrowing. We need local authorities to step up. If the hon. Gentleman’s local council has projects, like mine does, they will be looked on favourably. Please ask local councils to step up.
Ian Austin (Dudley North) (Lab)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
The number of evening rough sleepers in the west midlands has increased by eight people over the year from 2016 to 2017.
Mrs Wheeler
I have the figures, sir; please do not disagree with me. We have committed to providing £28 million of funding to pilot a Housing First approach in three major regions, including that of the West Midlands combined authority. I look forward very much to working with Mayor Street.
Ian Austin
Anybody in the west midlands who hears the Minister say that the number of rough sleepers has increased by only eight will be absolutely staggered at this Government’s complacency. The fact is that rough sleeping has soared, not just in Birmingham but even in towns such as Dudley, where, tragically, a homeless man died in a tent in the past few weeks. The Mayor’s policy will not result in rough sleeping being abolished until 2027. We need a much more urgent approach. Are Ministers prepared to fund an expansion of Birmingham City Council and the Labour police and crime commissioner’s street intervention teams, which have helped hundreds of people over the past few months?
Mrs Wheeler
That was a really good question. Intelligent questions in this Chamber are helpful, because they mean we can give intelligent answers. The intelligent answer is that the Housing First project is about wraparound care, with £28 million of public money going to help to solve this desperate problem. The advisory panel is meeting for the third time in two weeks’ time and the taskforce has already met. This is an urgent matter for the Government and it will be solved.
Diana Johnson (Kingston upon Hull North) (Lab)
Matt Western (Warwick and Leamington) (Lab)
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
I reiterate that we are raising the housing revenue account borrowing limit to £1 billion for local authorities where there is the highest need for new council housing to be built. Again, please may I ask the hon. Gentleman to encourage councils in his area to apply?
Alex Burghart (Brentwood and Ongar) (Con)