Previous Section Back to Table of Contents Lords Hansard Home Page

Lord Lucas moved Amendment No. 114:

Page 202, line 47, at end insert--
("( ) Except as otherwise provided by the regulations, in the case of introductory tenants, the provisions of the regulations shall apply in place of the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).").

The noble Lord said: My Lords, we have included a provision in paragraph 3 of Schedule 18, which will insert a new Section 27BA in the Housing Act 1985, which widens the Secretary of State's powers to make regulations governing tenant consultation on housing management.

Amendment No. 114 will ensure that introductory tenants will be treated in the same way as secure tenants when local authorities consult on housing management in accordance with any regulations made under Section 27BA. I beg to move.

On Question, amendment agreed to.

Lord Lucas moved Amendment No. 115:

Page 207, leave out lines 1 to 9 and insert--
("10. In section 89 of the Housing Act 1985 (succession to periodic tenancy), for subsection (3) substitute--
"(3) Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy--
(a) when it is vested or otherwise disposed of in the course of the administration of the tenant's estate, unless the vesting or other disposal is in pursuance of an order made under--
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents); or
(b) when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.".").

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 143. I beg to move.

On Question, amendment agreed to.

17 Jul 1996 : Column 975

Lord Lucas moved Amendment No. 116:

Page 212, line 21, at end insert--
(". In paragraph 21(d) of Schedule 13 to the Local Government (Wales) Act 1994 (Residuary Body a local authority for purposes of section 442 of Housing Act 1985)--
(a) omit the words from "(so" to "subsection (1)(b))", and
(b) after "local authority" insert "agreement to indemnify mortgagee and".").

The noble Lord said: My Lords, I shall speak also to Amendment No. 118. Section 442 of the Housing Act 1985, which provides for agreements by local authorities to indemnify mortgagees, is applied to the Residuary Body for Wales by Schedule 13, paragraph 21(d) to the Local Government (Wales) Act 1994. These two amendments make consequential amendments and repeals to Schedule 13, paragraph 21(d), to the Local Government (Wales) Act 1994 in the light of the amendments to Section 442 of the 1985 Act by paragraph 27 of Schedule 18 to the Bill.

In simple terms, what we are seeking to do is to continue to provide a power after the enactment of the Bill which the residuary body is currently able to exercise under the 1985 Act. I beg to move.

On Question, amendment agreed to.

10.30 p.m.

Schedule 19 [Repeals]:

Lord Lucas moved Amendments Nos. 117 and 118:

Page 214, column 3, leave out lines 9 to 23 and insert--
("In section 4(2)(aa), the words ""consisting of the creation of an estate or interest".In section 20(1), the definition of "the new landlord".In section 20(2), the words "or counter-offer" in each place where they occur.Section 31(5).In section 60(1), the definition of "rent assessment committee".")

Page 220, line 16, at end insert--
("1994 c. 19.Local Government (Wales) Act 1994.In Schedule 13, in paragraph 21(d) the words from "(so" to "subsection (1)(b))".")

The noble Lord said: My Lords, I spoke to Amendment No. 117 with Amendment No. 27 and to Amendment No. 118 with Amendment No. 116. I beg to move.

On Question, amendments agreed to.

17 Jul 1996 : Column 976

Earl Ferrers: My Lords, I beg to move that this Bill do now pass.

At this hour of the night, the greatest service that I can do your Lordships is to restrain my remarks by thanking all noble Lords who have taken part for the kind and courteous way in which they have addressed themselves to the Bill. It has been a pretty good marathon of a Bill and has covered many issues.

Perhaps I may thank in particular the noble Lords, Lord Williams and Lord Dubs, and the noble Baroness, Lady Hollis, for the way in which they conducted their work for the Opposition Front Bench. It has been a pleasure. On the whole, we did not become too ruffled, although flustered once or twice. Apart from that, we managed to get through the Bill all right.

Perhaps I may also thank the noble Baroness, Lady Hamwee, and the noble Earl, Lord Russell. On a number of occasions he entertained us by referring to Xerxes and all kinds of other curious and unexpected creatures from history.

I also wish to thank my noble friends who have participated on this side of the House, in addition to the noble Lord, Lord Strabolgi, and others from the Opposition Front Benches. Perhaps I may express--I was going to say my warmest thanks but everything is equal here--my particular thanks to my noble friends Lord Mackay of Ardbrecknish and Lord Lucas who carried the burden in the heat of the day on Second Reading and in Committee when I was out of the light. Probably they got on better than when I came back into the light. For all that, they carried a great burden, in particular my noble friend Lord Mackay who, like a sputnik, came from outer space and into the department. He took up the Bill which belonged to another department of which he was not a member. Then, like a sputnik, he shot back into terrestrial orbit until he returned to deal with his own amendments relating to his department.

I am grateful to your Lordships for the attention which you have given to the Bill. I hope that it leaves your Lordships' House in a better condition than when it started. I beg to move.

Moved, That the Bill do now pass.--(Earl Ferrers.)

Lord Williams of Elvel: My Lords, I am most grateful to the noble Earl, Lord Ferrers, who I am glad to see is back in his usual rumbustious mood. The Bill is not one which we would unhesitatingly endorse. Nevertheless, we have had long debates and today there was a wise decision from your Lordships.

As my mind has been diverted to the Armed Forces and other issues, as I explained on Second Reading, I have been unable to take part in the various stages of the Bill as I should have liked. However, my noble friend Lady Hollis has carried the burden on issues such as homelessness and those relating to the latter parts of the Bill. She has done so with great distinction, eloquence and effect.

17 Jul 1996 : Column 977

I am grateful in particular to my noble friend Lord Dubs who helped me on Parts I and II, which were technical. I hope that in the course of time he will be on the other side of this House, certain events having taken place in the next year or so.

Earl Ferrers: My Lords, we would welcome the noble Lord, Lord Dubs, on these Benches.

Lord Williams of Elvel: My Lords, I did say after certain events may take place, within a year or so. The noble Lord, Lord Mackay of Ardbrecknish, as always, has been good, effective and courteous. But I should like to pay a special tribute to the noble Lord, Lord Lucas who has carried a burden which was slightly unexpected, in the light of the noble Earl's wish to take holidays in Crete. He has performed with courtesy, the greatest distinction and with great intelligence. I am most grateful to the noble Lord, Lord Lucas, who will go far in this House--I hope in opposition.

However, I believe that this is not a Bill to which, at the end of the day, we can give our full support. There are a number of things which are quite right in the Bill and we would support them. But I still think that this Bill may well have to be re-written in a year or two, particularly on the matter of homelessness where I do not think the Government have given much.

Having said that, and not wishing to detain your Lordships very long, I believe that there will be a debate on the various matters that we have passed in this House, in one form or another, in another place. I am sure that that will be informed and slightly aggressive in a way that is, perhaps, foreign to your Lordships' House.

I wish this Bill partially well. There are some things which are good and some things which are bad. But it is not for me at this moment to say which are the good and which are the bad. I am grateful to the noble Lords opposite for their courtesy towards the Opposition. In particular, I repeat--and I mean it in very genuine terms--I am grateful to the noble Lord, Lord Lucas.

Baroness Hamwee: My Lords, I, too, share a little more enthusiasm for the process than the outcome of this Bill. Nevertheless, I should like to take the opportunity to thank those who have been mentioned. It is unusual for me to take the Government's part to save the noble Earl testing his healing hip yet again and answering the crack about "going on hols". We were very glad--and I know that other noble Lords were too--to see him back in his place after his operation. I had not thought of the noble Lord, Lord Mackay of Ardbrecknish, as a sputnik, nor had I thought of the Department of Social Security as out of space; but I will reflect on that.

Like the noble Lord, Lord Williams, my admiration for the sheer application of the noble Lord, Lord Lucas, is tremendous. I have noticed today that he has barely been able to leave the Chamber. I cannot do the arithmetic now, but, many hours on, it is quite clear that he has listened to many points where others might have felt that their temper had been strained just a little.

17 Jul 1996 : Column 978

It has been a pleasure working with other noble Lords on this Bill. I would like to thank my noble friend Lord Russell, although it always seems impertinent to thank someone whose wisdom and seniority I admire so much. I would also like to thank my noble friend, Lord Meston, who, from these Benches, carried a major part of the Bill at Committee stage. He has been unable, for professional reasons, to spend as much time on it since then.

I should like to thank also the organisations which have provided so much helpful material. I hope that we have been able to do them justice. I thank also Selena Bevis, the Liberal Democrat research assistant, and Mr. Nick Goss who volunteered to help and continued volunteering almost to the end of today. Like the noble Lord, Lord Williams, I wish a healthy passage to parts of the Bill and a fairly swift demise to other parts of it.

Next Section Back to Table of Contents Lords Hansard Home Page