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New clause 11
'.--(1) A local housing authority shall not entertain an application for a grant in respect of premises provided (by construction or conversion) less than ten years before the date of the application, unless--
(a) the application is for a disabled facilities grant, or
(b) the application is for an HMO grant in respect of a house in multiple occupation provided by conversion.
(2) The Secretary of State may by order amend subsection (1) so as to substitute another period for that specified.'.--[Mr. Clappison.]
Brought up, and read the First time.
3.32 pm
The Parliamentary Under-Secretary of State for the Environment (Mr. James Clappison): I beg to move, That the clause be read a Second time.
Madam Speaker: With this, it will be convenient to discuss Government amendment No. 17.
Mr. Clappison: The joint effect of amendment No. 17 and new clause 11 is to remove the 10-year age requirement as a condition of grant for houses in multiple occupation that are provided by conversion. We accept that, in terms of the 10-year condition, houses in multiple occupation are a special case.
Mr. Nick Raynsford (Greenwich): The new clause, which responds to one that we moved in Committee, makes a great deal of sense. Houses in multiple occupation are often in poor condition. They form some of the worst housing in the country and present some of the most life-threatening conditions. It is vital that action is taken to remedy that. Often, because of the way in which the conversion takes place, the property has been brought into multiple occupation fairly recently, so the 10-year limitation, which would apply otherwise and is perfectly sensible other than in respect of disabled facility grants, where the Government already accept the need for an exemption, would be unhelpful. We are pleased that the Government recognise the logic that we advocated in Committee, so we welcome the new clause.
Mr. Chris Davies (Littleborough and Saddleworth): I welcome the general tone of the new clause, which is
helpful, but I draw the House's attention to subsection (2) and the power that it gives to the Secretary of State, rather in the way referred to during questions to the Leader of the House. It enables a Secretary of State, at a whim and with a parliamentary majority, to substitute almost any period that he or she may wish for the time specified.
No doubt the Secretary of State, in keeping with the views of the House, would always act reasonably and ensure that any amendment was in keeping with what the Minister intends today, but, in practice, this is a good example of broad drafting that can allow massive changes later. Unwritten rules and conventions, which many of us follow as a matter of course, can so easily be torn up if the political complexion of the Executive decides that that should be the case.
I lost my position as chairman of housing in Liverpool when a Labour administration came in, with its strong bias towards the militant tendency. Those unwritten rules were torn up immediately. The administration took full advantage of broad drafting of this sort in the council's policies. Within days, policies that we would have expected to continue for many years were completely revised, without the council's full endorsement. Much the same can happen to laws with such broad drafting. Ministers are keen to respond to points made in the House and say that they would not dream of giving the Secretary of State undue powers, but this new clause gives the Secretary of State, of whatever political party, just that sort of authority.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Mr. Chris Davies:
I beg to move, That the clause be read a Second time.
Madam Speaker:
With this, it will be convenient to discuss the following amendments: No. 11, in clause 19, page 11, line 25, at beginning insert--
No. 12, in clause 24, page 14, line 20, at end insert--
Mr. Davies:
I hope that the House will regard this as a reasonable and constructive new clause. Applying for disabled facilities grants can be complicated. Some elements of the grant are mandatory, others discretionary. Although the housing authority would normally be responsible for ensuring the smooth processing of applications, inevitably, social service departments will be brought into the process. Because of the nature of local government, that may involve more than one local
The Department of the Environment has undertaken its own evaluation of disabled facilities grants and has recognised the problem that I highlight in the new clause. In its reports, it has recommended that simple leaflets giving information should be published. I hope that that includes versions in Braille as well as in hard print, so that the needs of all disabled people will be met.
One of the problems is that, although, normally, I would wish local authorities to respond to that in the way in which good local government is expected to do, and to meet the needs of its citizens, that is not happening in each and every case. Frankly, some local authorities are not getting their act together when it comes to ensuring that departments are working closely and in co-ordination, and that disabled residents are getting the information that they need.
I ask the Minister, therefore, to consider the new clause positively and to take my point, which is that, in relation to disabled persons, it is not inappropriate for the House to lay down certain minimum standards.
Mr. Clappison:
New clause 3 would require housing authorities to publish details of the procedures for applying for disabled facilities grants in the authority's area. That is not necessary, because authorities are already able to provide information to potential applicants.
The Department's grants literature, which authorities distribute to potential applicants, already sets out full details of grants, including information about how to apply and where to obtain help and advice before commencing works. That literature will be updated in readiness for the introduction of the new grant regime.
Authorities are also encouraged to operate preliminary inquiry systems to help people understand how their application will be processed by the housing authority and how grant, if any, will be assessed. Many authorities have set up their own advisory services to provide advice to potential applicants and answer queries. That helps to ensure that any uncertainty in applying for grant is removed and applicants therefore have a clear picture of the application process.
In addition, home improvement agencies also provide a valuable service in helping elderly and disabled applicants and those on low incomes through the difficult task of arranging for works and obtaining finance to meet their share of the cost of works.
I believe that those arrangements already ensure that applicants receive the right information on the procedures for making an application for disabled facilities grant, and I do not consider the new clause necessary.
I heard the arguments of the hon. Member for Littleborough and Saddleworth (Mr. Davies) about social services and housing authorities. I am aware of the reports to which he referred. As we made clear in Committee, we
are looking into the way in which social services' advice and input into the system is organised. It is appropriate that decisions remain with the housing authority and that it works together with the social services authorities in the way that I have described.
Mr. Davies:
That is an inadequate reply. It does not even tackle the problems that the Department mentioned in its reports, which said that the system that the Minister described is not working, although he implied that it was. Would he at least meet me half way, by placing some guidance in the guidelines that the Department of the Environment produces when the Bill reaches the statute book?
Mr. Clappison:
We made it clear in Committee that we would consider the problems that arose in respect of the social services organisation of, for example, the occupational therapy service and the part that it plays. We think it appropriate for the housing authority to be the main authority responsible for the grant system.
'A local housing authority shall publish information in accessible formats clearly outlining the procedure for applying for a disabled facilities grant in their area.'.--[Mr. Chris Davies.]
Brought up, and read the First time.
'( ) The local housing authority shall ensure that an applicant shall be able to apply for a disabled facilities grant as soon as is reasonably practicable after making an initial enquiry either to the local housing authority or the social services authority.'.
'(3A) Where the local housing authority is not itself a social services authority, the two shall agree jointly as to who will act as the principal point of contact for enquirers and applicants for a disabled facilities grant.'.
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