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Mr. Loughton: The Minister appeared to be perorating, but I wish to intervene on his reference to section 189(1)(c) of the 1996 Act. That section refers to identifying people in priority need, but it has nothing to do with consulting specialist groups that represent people with mental and physical disabilities on the best strategy for dealing with them. As I pointed out in Committee, they are two entirely different issues, so my point is not covered by referring to a section in the 1996 Act.
Mr. Ainsworth: In drawing up their strategies, local authorities will be obliged to consult groups representing those with priority needs. As the hon. Gentleman can see, the groups are identified in section 189(1)(c). As he rightly said, we are back to what was known in Committee as argument A. If we include one group in the Bill, that might relegate the priority given to every other group. That might be an unforseen consequence of including one group without making the broader provision that is needed.
Mr. Bercow: In the context of amendment No. 18, and assuming the veracity of the Minister's words about local discretion, how can he seriously suggest that the inclusion of the words "including rough sleeping" would either circumscribe that discretion or, still less, prove justiciable?
Mr. Ainsworth: Homelessness is covered and rough sleeping is a part of homelessness. To mention it separately in the Bill would be superfluous and would achieve absolutely nothing. On that basis, I hope that that amendment will not be pressed.
Ms Glenda Jackson: There is an obsession with the phrase "rough sleeping", although I accept it gives rise to real needs. Many rough sleepers have multiple needs, and one could argue that they could be covered by every single category that one might care to name. However, the bottom line is that they are homeless.
Mr. Ainsworth: My hon. Friend makes the point perfectly. Rough sleepers are already covered within the category of homelessness. As I said, to include them separately in the Bill would be superfluous and would achieve nothing.
Mr. Don Foster: I beg to ask leave to withdraw the motion.
Motion and clause, by leave, withdrawn.
New Clause 4
Duty to persons with priority need who are not homeless intentionally
'.--( ) In section 193 of the 1996 Act (duty to persons with priority need who are not homeless intentionally) after subsection (7) there is inserted--
"(7A) an offer of accommodation under Part VI is a final offer for the purposes of subsection (7) if it is made in writing, states that is a final offer for the purposes of subsection (7) and states that the offer shall remain available to the applicant for not less than three working days from the date of the offer, or such longer period as the authority consider reasonable in all the circumstances.".'.--[Mr. Don Foster.]
Brought up, and read the First time.
Mr. Don Foster: I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Mrs. Sylvia Heal): With this it will be convenient to discuss the following: New clause 5--Right of review of eligibility for allocation of housing accommodation--
'.--( ) If a local housing authority decides that an applicant for housing accommodation is ineligible by virtue of subsection (3) and (5) of section 160A for an allocation by them, they shall inform him of his right to request a review of the decision and of the time within which such a request must be made.'.
New clause 6--Interim duty to accommodate in case of apparent priority need--
'( ).--Section 188 (interim duty to accommodate in case of an apparent priority need) of the 1996 Act is amended as follows.
(3) After subsection (3) for the words "The authority may continue to secure that accommodation is available for the applicant's occupation pending a decision on a review" there is substituted--
"The authority shall, if the applicant requests a review of the decision, consider whether to continue to secure that accommodation is available for the applicant pending a decision on a review, and shall take into account all the circumstances and in particular--
(a) any new information provided by the applicant since the authority's decision was notified to him;
(b) whether a decision not to continue to secure that accommodation is available for his occupation will substantially affect his ability to pursue his request for a review;
(c) the merits of the request for a review, as they appear to the authority at the time the request is made.".'.
New clause 7--Right of appeal to county court on point of law--
'.(1) Section 204 of the 1996 Act (right of appeal to county court on point of law) is amended as follows.
(2) In subsection (2), after the words "decision on review" there is inserted "or such longer period as the authority and the applicant may agree or as the court may allow.".
(3) For subsection (4) there is substituted--
"(4) where the authority were under a duty under section 188, 190 or 200 to secure that accommodation is available for the applicant's occupation, they shall consider whether to continue to secure that accommodation is so available--
(a) during the period for appealing under this section against the authority's decision, and
(b) if an appeal is brought, until the appeal (and any further appeal) is finally determined
and they shall take into account all the circumstances and in particular--
(a) any new information provided by the applicant since the authority's decision was notified to him;
(b) whether a decision not to continue to secure that accommodation is available for his occupation will substantially affect his ability to pursue his request for a review;
(c) the merits of the request for a review, as they appear to the authority at the time the request is made.".
(4) After subsection (4) there is inserted--
"(5) A county court may, in any case where an applicant appeals under this section, require the authority to continue to secure that accommodation is available until the appeal (and any further appeal) is determined.".'.
New clause 10--Guidance by the Secretary of State--
'.--( ) In section 169 of the 1996 Act (guidance by the Secretary of State) after subsection (2) there is inserted--
"(3) Without prejudice to subsection (2) of this section, a local housing authority or social services authority shall exercise their functions relating to the allocation of housing accommodation in accordance with such directions as may be given to them under this section by the Secretary of State.
(4) Directions under this section--
(a) shall be given in writing; and
(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.".'.
New clause 11--Guidance by the Secretary of State (No. 2)--
'.--( ) In section 182 of the 1996 Act (guidance by the Secretary of State) after subsection (2) there is inserted--
"(3) Without prejudice to subsection (1) of this section, a local housing authority or social services authority shall exercise their functions relating to homelessness and the prevention of homelessness in accordance with such directions as may be given to them under this section by the Secretary of State.
(4) Directions under this section--
(a) shall be given in writing; and
(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.".'.
New clause 12--Provision of advice and assistance--
'( ).--(1) The Secretary of State may by order specify matters to be taken into account in providing (or securing the provision of) advice and assistance under sections 190(2)(b) and (3), 192(2) and 195(5) of the 1996 Act, and make provision as to the procedure to be followed in the provision of that advice and assistance.
(2) Before making such an order the Secretary of State shall consult with such associations representing relevant authorities, and other persons as he considers appropriate.
(3) No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.'.
New clause 17--Persons with priority need--
'.--( ) In section 193 of the 1996 Act (entry to persons with priority need who are not homeless intentionally) after subsection (7) there is inserted--
"(7A) An offer of accommodation under Part VI is a first offer for the purposes of subsection (7) if made in writing, states that it is a first offer for the purposes of subsection (7) and states that the offer shall remain available for five working days from the date of the offer or such longer period if the authority consider reasonable and shall include an opportunity for the person receiving the offer and an independent adviser to inspect the property.".'.
New clause 18--Independent review--
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