Point of Order

John Bercow Excerpts

1st reading: House of Commons
Wednesday 29th June 2016 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

On a point of order, Mr Speaker. Page 49 of “Erskine May” refers to the official Opposition as

“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.

The current official Opposition has lost two thirds of its shadow Cabinet. Their leader and what remains of the Front-Bench team no longer command the support of the overwhelming majority of their Back Benchers. They can now no longer provide shadow Ministers for large Departments of State. They are clearly in no shape to assume power or to meet the key responsibilities outlined in “Erskine May”. Given these obvious failings, what steps would now need to be taken to have the official Opposition replaced with one that can meet the responsibilities set out clearly in “Erskine May”?

[Mr Speaker]

I am familiar with “Erskine May”, as the hon. Gentleman would expect, and I am genuinely grateful to him for giving me notice of his point of order. I can confirm that the Labour party currently constitutes the official Opposition and that its leader is recognised by me, for statutory and parliamentary purposes, as the Leader of the Opposition. He will have noticed that I called the Leader of the Opposition earlier to ask a series of questions of the Prime Minister. He will also be aware that today we have Opposition business duly chosen by the Leader of the Opposition, as indicated on the Order Paper. I should perhaps add that in making these judgments and pronouncing in response to points of order, I do give, and have given, thought to the matter, and I have also benefited from expert advice. These matters are not broached lightly. I understand the vantage point from which he speaks, but he raised the question and I have given him the answer. We will leave it there for now.

Bills presented

Sexual Offences (Pardons Etc) Bill

Presentation and First Reading (Standing Order No. 57)

John Nicolson, supported by Amanda Solloway, Keir Starmer, Stewart Malcolm McDonald, Iain Stewart, Sarah Champion, Tommy Sheppard, Paula Sherriff, Nigel Huddleston, Stephen Twigg and Dr Philippa Whitford, presented a Bill to make provision for the pardoning, or otherwise setting aside, of cautions and convictions for specified sexual offences that have now been abolished; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 6).

Homelessness Reduction Bill

Presentation and First Reading (Standing Order No. 57)

Bob Blackman, supported by Mr Clive Betts, Helen Hayes, Mr Mark Prisk, Kevin Hollinrake, David Mackintosh, Alison Thewliss, Jim Shannon, Mary Robinson, Julian Knight, Mr David Burrowes and Liz Kendall, presented a Bill to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 7).

National Minimum Wage (Workplace Internships) Bill

Presentation and First Reading (Standing Order No. 57)

Alec Shelbrooke presented a Bill to require the Secretary of State to apply the provisions of the National Minimum Wage Act 1998 to workplace internships; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 8).

Parliamentary Constituencies (Amendment) Bill

Presentation and First Reading (Standing Order No. 57)

Pat Glass presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; to specify how the size of a constituency is to be calculated; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 9).

Awards for Valour (Protection) Bill

Presentation and First Reading (Standing Order No. 57)

Kelly Tolhurst, on behalf of Gareth Johnson, presented a Bill to prohibit the wearing or public display, by a person not entitled to do so, of medals or insignia awarded for valour, with the intent to deceive.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 10).

Benefit Claimants Sanctions (Required Assessment) Bill

Presentation and First Reading (Standing Order No. 57)

Mhairi Black, supported by Chris Law, Mr Dennis Skinner, Liz Saville Roberts, Caroline Lucas, Ian Blackford, Carolyn Harris, Angela Crawley and Andrew Percy, presented a Bill to require assessment of a benefit claimant’s circumstances before the implementation of sanctions; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 11).

Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill

Presentation and First Reading (Standing Order No. 57)

Dr Eilidh Whiteford, supported by Mrs Maria Miller, Jess Phillips, Gavin Newlands, Liz Saville Roberts, Fiona Mactaggart, Angela Crawley, Mr Alistair Carmichael, Ms Margaret Ritchie, Alison Thewliss and Lady Hermon, presented a Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 12).

Families with Children and Young People in Debt (Respite) Bill

Presentation and First Reading (Standing Order No. 57)

Kelly Tolhurst, supported by Mark Garnier, Amanda Milling, Craig Mackinlay, Victoria Borwick, Roger Mullin, Angela Crawley, Antoinette Sandbach, Yvonne Fovargue, Ian Paisley, Ben Howlett and Jo Churchill, presented a Bill to place a duty on lenders and creditors to provide periods of financial respite for families with children and young people in debt in certain circumstances; to place a duty on public authorities to provide access to related advice, guidance and support in those circumstances; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 13).

Registration of Marriage Bill

Presentation and First Reading (Standing Order No. 57)

Edward Argar, supported by Sir Simon Burns, Victoria Atkins, Simon Hoare, Seema Kennedy, Wes Streeting, Christina Rees, Jess Phillips, Stephen Doughty, Nigel Huddleston and Greg Mulholland, presented a Bill to make provision about the registration of marriages.

Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 14).

Assets of Community Value Bill

Presentation and First Reading (Standing Order No. 57)

James Morris presented a Bill to make provision about the disposal of land included in a local authority’s list of assets of community value; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 15).

Double Taxation Treaties (Developing Countries)

Presentation and First Reading (Standing Order No. 57)

Roger Mullin, supported by Kirsty Blackman, Patrick Grady, Michelle Thomson, George Kerevan and Ian Blackford, presented a Bill to place a duty on the Chancellor of the Exchequer to align the outcomes of double taxation treaties with developing countries with the goal of the United Kingdom’s overseas development aid programme for reducing poverty and to report to Parliament thereon; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 16).

Farriers (Registration)

Presentation and First Reading (Standing Order No. 57)

Byron Davies, supported by Chris Davies, Dr James Davies, Craig Williams and Mike Wood, presented a Bill to make provision about the constitution of the Farriers Registration Council and its committees.

Bill read the First time; to be read a Second time on Friday 13 January, and to be printed (Bill 17).

Parking Places (Variation of Charges)

Presentation and First Reading (Standing Order No. 57)

David Tredinnick presented a Bill to make provision in relation to the procedure to be followed by local authorities when varying the charges to be paid in connection with the use of certain parking places.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).

Disability Equality Training (Taxi and Private Hire Vehicle Drivers)

Presentation and First Reading (Standing Order No. 57)

Andrew Gwynne, supported by Andrew Stephenson, Mrs Sharon Hodgson, Byron Davies, Norman Lamb, Lyn Brown, Mark Menzies, Barbara Keeley, Robert Flello, Mims Davies, Helen Jones and Diana Johnson, presented a Bill to make the completion of disability equality training a requirement for the licensing of taxi and private hire vehicle drivers in England and Wales; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).

Gangmasters (Licensing) and Labour Abuse Authority

Presentation and First Reading (Standing Order No. 57)

Louise Haigh, supported by Mr Chuka Umunna, Mr Iain Wright, Chris White, James Cleverly, Paul Blomfield, Lisa Nandy, Will Quince, Greg Mulholland, Chris Stephens, Stella Creasy and Mr Dennis Skinner, presented Bill to amend the Gangmasters (Licensing) Act 2004 to apply its provisions to certain sectors including construction, care services, retail, cleaning, warehousing and the transportation of goods; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 20).

International Trade and Investment (NHS Protection)

Presentation and First Reading (Standing Order No. 57)

Mrs Anne Main, on behalf of Mr Peter Lilley, presented a Bill to require the National Health Service to be exempted from the provisions of international trade and investment agreements; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 21).

Kew Gardens (Leases)

Presentation and First Reading (Standing Order No. 57)

Mr Ian Liddell-Grainger presented a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 22).

Merchant Shipping (Homosexual Conduct)

Presentation and First Reading (Standing Order No. 57)

John Glen presented a Bill to repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.

Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 23).

Counter-Terrorism and Security Act 2015 (Amendment)

Presentation and First Reading (Standing Order No. 57)

Lucy Allan presented a Bill to repeal provisions in the Counter-Terrorism and Security Act 2015 requiring teachers, carers and responsible adults to report signs of extremism or radicalisation amongst children in primary school, nursery school or other pre-school educational settings; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 27 January, and to be printed (Bill 24).

Child Poverty in the UK (Target for Reduction)

Presentation and First Reading (Standing Order No. 57)

Dan Jarvis presented a Bill to establish a target for the reduction of child poverty in the United Kingdom; to make provision about reporting against such a target; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 February, and to be printed (Bill 25).

Homelessness Reduction Bill

John Bercow Excerpts

2nd reading: House of Commons
Friday 28th October 2016 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

Order. No fewer than 29 Back-Bench Members are seeking to contribute to the debate, meaning there is a premium upon economy.

Homelessness Reduction Bill

John Bercow Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th January 2017 Commons Chamber

[Mr Marcus Jones]

I beg to move amendment 1, page 5, line 32, at end insert—

“( ) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (7)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—

(a) will expire within 56 days or has expired, and

(b) is in respect of the only accommodation that is available for the applicant’s occupation.”

This amendment prevents a local housing authority from bringing the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end after 56 days if the applicant has been given a notice under section 21 of the Housing Act 1988 that has expired or will within 56 days expire and which is in respect of the only accommodation that is available for the applicant’s occupation.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government amendment 2, page 6, line 11, after “accommodation” insert—

“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”.

This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.

Government amendment 3, page 6, line 22, at end insert—

“(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).”

This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.

Government amendment 4, in clause 5, page 7, line 45, after “accommodation” insert—

“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”.

This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.

Government amendment 5, page 8, line 9, at end insert—

“(9) The duty under subsection (2) can also be brought to an end under—

(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or

(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).”

This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.

Government amendment 6, page 8, line 18, leave out paragraph (a) and insert—

“(a) for subsection (1) substitute—

(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.

(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or

(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—

(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”

See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.

Government amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert—

“pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”

See amendments 6 and 8.

Government amendment 8, page 8, line 27, at end insert—

“() for subsection (3) substitute—

‘(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.

(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.

But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.’”

This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).

Government amendment 9, in clause 6, page 11, leave out lines 14 to 16 and insert—

“(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”

This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.

[Mr Jones]

I shall start with amendment 1. At our last Committee sitting on 18 January, I committed to tabling an amendment to clause 4 to ensure that tenants at risk of becoming homeless were sufficiently protected and had access to the required help and support. The Committee agreed amendments to clause 1, so that it now extends the period an applicant is “threatened with homelessness” from 28 to 56 days and clarifies that an applicant is “threatened with homelessness” if they have a valid section 21 eviction notice that expires in 56 days or fewer.

Amendment 1 to clause 4 extends the prevention duty to cover instances where a household that has been served with a valid section 21 notice still remains in the property after receiving 56 days of help from the local housing authority under the prevention duty, and is still at risk of becoming homeless. Specifically, it covers instances where a valid section 21 notice has already expired or will expire in relation to the only accommodation the household has available. The amendment ensures that, in such instances, the prevention duty will continue to operate until such time as the local housing authority brings it to an end for one of the other reasons set out in clause 4, even if the 56 days have passed.

I will also address a related question about other ways of ending a tenancy, which was raised by a number of Members—particularly my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson)— during the Committee’s consideration of clause 1. That clause and this amendment address the particular need to clarify the status of an applicant who has been served with a section 21 notice, but, obviously, people can be threatened with homelessness in a number of ways, as was pointed out in Committee, and any eligible applicant who is at risk of being homeless in 56 days or fewer will be entitled to support under the new prevention duty.