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4.15 pm
Mr. Curry: There is one area in which we have made it clear that we do not expect there to be majorities for any of the constituent parties--the new housing companies. I am willing to discuss with the Housing Corporation any other matter that concerns the guidance it issues, in the context not only of its guidance but of guidance that will necessarily follow this legislation.
Lords amendment agreed to.
Lords amendments Nos. 11 and 12 agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Madam Speaker:
With this, it will be convenient to discuss also Lords amendments Nos. 14, 30, 32, 38, 41, 74 to 81, 243 and 271.
Mr. Curry:
This group is technical down to its fingertips.
Lords amendment agreed to.
Lords amendment No. 14 agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Madam Speaker:
With this, it will be convenient to discuss also Lords amendments Nos. 16, 138 to 140, 167, 168, 242 and 315.
Mr. Curry:
This group is technical. It reconciles the Bill to other housing legislation and other housing legislation to legislation that deals with matrimonial breakdown. I commend it to the House.
Lords amendment agreed to.
Lords amendments Nos. 16 and 17 agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Some concern was expressed about the possible removal of the exemption from the purchase grant in rural areas for housing association tenants. The fear was that the Secretary of State might act arbitrarily. We have therefore tabled this amendment so that the Secretary of State must consult before there is any removal from the list of settlements that are designated not to have the right to buy. I commend it to the House.
Mr. Raynsford:
The Opposition welcome the amendment for the reasons that the Minister has made clear. It ensures that the Secretary of State will have to consult the relevant local housing authority or authorities before reaching a decision. It also requires the Secretary of State to consult bodies that appear to him to be representative of registered social landlords.
I would welcome some guidance from the Minister on what will be the Housing Corporation's broad approach to deciding which organisations are representative of registered social landlords. I assume that the Secretary of State will be seeking guidance from the Housing Corporation on the matter.
Will every social landlord operating in this area be consulted, or will only a relatively small number be consulted? If the latter, what will be the criteria for deciding which ones are appropriate? In some areas, many social landlords operate, and it might prove completely impractical to consult all of them. On the other hand, if the Secretary of State were arbitrary in his choice of consultees, an entirely fair point of view might not be registered by social landlords in the area. It would be helpful to have an indication as to how this discretion is likely to be exercised.
Mrs. Diana Maddock (Christchurch):
I and my colleagues welcome the amendment also, although I am sorry that it does not go as far as the amendments that I tabled in Committee. But the amendment recognises the importance of the view of local authorities in dealing with the provision of social housing. I look forward to the Minister saying who else he will consult, because, as the hon. Member for Greenwich (Mr. Raynsford) said, it
Mr. Curry:
This is a question of common sense. I envisage that the Housing Corporation will wish to consult what will become the National Housing Federation, and it will consult the landlords operating in a particular area. Settlements of 3,000 do not have hundreds of housing associations, nor do rural areas, and a handful will specialise in this field. I do not envisage practical difficulties, and it is our intention to consult fully.
Lords amendment agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy Speaker (Sir Geoffrey Lofthouse):
With this, it will be convenient to discuss also Lords amendments Nos. 20 to 22 and 25.
Mr. Curry:
These amendments are absolutely technical, and I commend them to the House.
Lords amendment agreed to.
Lords amendments No. 20 to 28 agreed to [some with Special Entry].
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy Speaker:
With this, it will be convenient to discuss also Lords amendments Nos. 31, 33, 35, 36, 269 and 270.
Mr. Curry:
These amendments deal with proceedings for offences committed by social landlords, and provide that proceedings for such offences can be initiated only with the consent of the Housing Corporation or the Director of Public Prosecutions. Their purpose is to protect social landlords from vexatious prosecutions, and they are consistent with other legislation covering the matter.
Lords amendment agreed to.
Lords amendments Nos. 30 to 36 agreed to.
Mr. Curry:
I beg to move, That this House doth agree with the Lords in the said amendment.
Mr. Deputy Speaker:
With this, it will be convenient to discuss also Lords amendments Nos. 40, 47, 50, 57, 58, 61 to 64, 66 to 69 and 71.
Mr. Curry:
These are minor amendments to improve the way in which the clause works. There is no issue of policy or principle involved, and I commend them to the House.
Mr. Raynsford:
I want to draw attention to Lords amendment No. 71, which makes provision for the manager appointed by the Housing Corporation in such cases to arrange a transfer of engagements where a housing association is in financial difficulty. The transfer ensures that the properties can continue to be managed without the risk of the tenants being forced to leave their homes.
We especially welcome that provision, because, earlier this year, the Government tabled a series of measures in the Housing Bill, which were subsequently withdrawn, that would have put at risk a significant number of tenants whose homes were owned by housing associations that got into difficulty. By applying the Insolvency Act 1986, the Government would have made it much more difficult to use procedures such as those now proposed. A transfer of engagements ensures continuity of management and, more importantly--from the lender's point of view--continuity of income stream.
Everyone involved with the housing world knows how important it is to ensure that confidence is maintained among lenders, but, equally, how vital it is to ensure that tenants are not put at risk by difficulties that may from time to time confront their housing associations. We welcome Lords amendment No. 71, but regret that the Government have gone a tortuous way to get to it. However, we are moving towards a more satisfactory framework, which should ensure that proper arrangements are in place to deal with housing associations that get into financial difficulty, without putting tenants at risk of losing their homes.
Lords amendment: No. 13, in page 7, line 24, leave out ("in writing")
Lords amendment: No. 15, in page 10, line 3, leave out from third ("of") to end of line 8 and insert
("any such order as is mentioned in subsection (5A);")
Lords amendment: No. 18, in page 12, line 5, at end insert--
("( ) Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult--
(a) the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and
(b) such bodies appearing to him to be representative of registered social landlords as he considers appropriate.")
Lords amendment: No. 19, in page 15, line 39, leave out from ("section") to ("do") in line 40 and insert
("27 below (recovery, &c. of social housing grants) and section 52 of the Housing Act 1988 (recovery, &c. of grants under that Act and earlier enactments)")
Lords amendment: No. 29, in page 19, line 16, at end insert--
("( ) Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of the Corporation or the Director of Public Prosecutions.")
Lords amendment: No. 37, in page 23, line 13, leave out ("(section 47)") and insert
("(sections 47 and (Powers of the manager: transfer of engagements))")
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