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Keith Hill: I beg to move, That this House agrees with Lords in the said amendment.
Mr. Speaker: With this we may discuss Lords amendments Nos. 2 to 25, 212 to 214, 216, 218, 219, 221, 248, 250 to 252, 271, 273, 275 to 278 and 281 to 283.
Keith Hill: The great majority of these amendments are, as you can see, Mr. Speaker, minor and technical. They are either consequential on amendments made to later provisions in the Bill, intended to rectify small errors or clarificatory, but there are a few that I should briefly like to draw to the House's attention.
Lords amendment No. 2 responds to concerns raised by the Joint Committee on Human Rights. Under clause 5, which deals with the health and safety rating system, where a category 1 hazard exists, the local housing authority is under a duty to take the most appropriate course of enforcement action available to it. Under clause 7, where a category 2 hazard exists, it may take one of the available courses of action.
Ms Keeble: I am pleased that overcrowding will be dealt with separately, and I congratulate the Government on the consultation on that. What is the Government's thinking on overcrowding in relation to the special needs of children with behavioural and other difficulties, and will those special needs be taken into account in considering the revision of the overcrowding rules?
Keith Hill:
As ever, I am grateful to my hon. Friend, who is a former housing Minister. I share her pleasure that we have been able to introduce some important provisions to the Bill on the issue of overcrowding, which she has worked to achieve for a long time. Of
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course, as we seek to implement those provisions, we will take into account the issues of special needs that she has raised with me tonight and on previous occasions.
In its eighth and 10th reports, the Joint Committee on Human Rights expressed concerns that the absence of a duty on local authorities to give reasons for deciding which form of enforcement action to pursue under clauses 5 or 7 failed to comply with article 6 of the human rights convention on the right to a fair hearing; could lead to breaches of article 8 on respect for private and family life; and could lead to breaches of article 1 of the first protocol on the protection of property. The amendment responds to those concerns by placing a duty on local authorities to prepare a statement of reasons for their decision to take the course of action on which they have settled. We believe that this new clause responds positively to the Joint Committee's concerns without placing local authorities under a significant additional burden.
Lords amendments Nos. 212 to 214, 216, 218, 219 and 221 amend clauses 199, 203 and 204. In part, they respond to concerns of the Joint Committee on Human Rights and in part they are clarificatory. Clause 199 allows a local housing authority to require the production of documentation that the authority might need to carry out its functions under parts 1 to 4 of the Bill and to investigate offences committed in relation to any residential premises. In its 10th report, the Committee expressed concern that the lack of procedural safeguards, and the lack of requirement for authorisation, could lead to a risk of unjustified or disproportionate use of the powers in clause 199. Lords amendments Nos. 212 and 213 require that a person exercising the power to require the production of documents has been authorised in writing.
Clause 203 gives a local housing authority power of entry to properties in pursuance of its duties under parts 1 to 4 and part 7 of the Bill when certain conditions are met. Representatives of the authority must have written authorisation that sets out the purpose for which the entry is authorised and must give at least 24 hours notice to the owner or occupier of the premises they intend to enter. Permission under this clause does not include a power to use force to obtain entry. This power of entry includes entry for the purpose of taking samples. In its 10th report, the Committee expressed the view that the authorisation to express the power should be given at an appropriate level of seniority.
Clause 204 enables a justice of the peace to issue a warrant for admission to premises. This includes power to enter by force if necessary. This power is applicable, however, only when either entry under clause 203 has been refused, or the property is empty and immediate access is necessary, or prior warning of entry is likely to negate the purpose of access. Lords amendments Nos. 214, 216, 218 and 219 extend the power of entry in clauses 203 and 204 to include an express power for the purposes of inspections under clause 4. These amendments are clarificatory.
The concern of the Joint Committee that authorisations should be given at an appropriate level of seniority is addressed by Lords amendment No. 221, which introduces a new clause after clause 206. The new clause provides that authorisations under a number of
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powers in the Bill, including clauses 199 and 203, must be given by a relevant deputy chief officer of the local housing authority or by the officer to whom he reports or is directly accountable.
Ms Keeble: Can my right hon. Friend let me know what kind of documents he was referring to when he referred to the production of documents?
Keith Hill: I am again grateful to my hon. Friend for that question. Of course, I will send her examples of such documentation. I hope that that reassures her of my positive, honourable and transparent intentions and I ask the House to support the amendment.
Lords amendments Nos. 2 to 54 agreed to [some with Special Entry].
Lords amendment No. 55 and Government amendment (a) thereto agreed to.
Lords amendments Nos. 56 to 100 agreed to [some with Special Entry].
Lords amendment No. 101 [Special Entry] and Government amendment (a) thereto agreed to.
Lords amendment No. 102 and Government amendment (a) thereto agreed to.
Lords amendments Nos. 103 [Special Entry] and 104 agreed to.
Lords amendment No. 105 [Special Entry] and Government amendment (a) thereto agreed to.
Lords amendments Nos. 106 to 127 and 129 agreed to [some with Special Entry].
Lords amendment No. 130 disagreed to.
It being Ten o'clock, Mr. Speaker, put forthwith the Questions necessary for the disposal of business at that hour, pursuant to Orders [28 June 2001, 6 November 2003 and this day].
Lords amendments Nos. 135, 137, 143 and 144 disagreed to.
Remaining Lords amendments agreed to [some with Special Entry].
Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their amendments to the Bill: Paul Clark, Matthew Green, Mr. John Hayes, Keith Hill and Mr. Terry Rooney; Three to be the quorum of the Committee.—[Paul Clark.]
Reasons for disagreeing to certain Lords amendments reported, and agreed to; to be communicated to the Lords.
DELEGATED LEGISLATION
Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),
That the Fishing Boats (Satellite-Tracking Devices) (England) Scheme 2004 (S.I., 2004, No. 2467), dated 14th September 2004, a copy of which was laid before this House on 21st September, be approved.—[Margaret Moran.]
Question agreed to.
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Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),
That the draft Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004, which was laid before this House on 9th September, be approved.
That the draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, which was laid before this House on 9th September, be approved.
That the draft Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004, which was laid before this House on 12th October, be approved.
That the draft National Assembly for Wales (Transfer of Functions) Order 2004, which was laid before this House on 11th October, be approved.—[Margaret Moran.]
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