COMMITTEE FOR SOCIAL DEVELOPMENT
MINUTES OF PROCEEDINGS
TUESDAY 11 JANUARY 2011
ROOM 29, PARLIAMENT BUILDINGS
Present:
Mr Simon Hamilton MLA (Chairperson)
Mr Sydney Anderson MLA
Mrs Mary Bradley MLA
Mr Mickey Brady MLA
Mr Jonathan Craig MLA
Mr Alex Easton MLA
Mr John McCallister MLA
Mr Fra McCann MLA
Ms Carál Ní Chuilín MLA
In Attendance:
Mr Peter McCallion (Assembly Clerk)
Mrs Clairita Frazer (Assistant Assembly Clerk)
Mr Stewart Kennedy (Clerical Supervisor)
Ms Allison Ferguson (Clerical Officer)
Ms Sian Woodward (Bill Clerk – item 4 only)
Apologies:
Mr Tommy Gallagher MLA
Ms Anna Lo MLA
The meeting began at 10.05am in public session.
The Deputy Chairperson assumed the Chair.
1. Apologies
Apologies are detailed above.
2. Chairperson’s Business
None
3. Matters Arising
None
4. Housing (Amendment) (No.2) Bill – Clause-by-clause scrutiny
The following Departmental officials joined the meeting at 10.08am to brief the Committee on the clauses and proposed amendments to the Housing (Amendment) (No.2) Bill:
- Alastair Campbell, Housing Division, DSD;
- Stephen Baird, Housing Division, DSD; and
- Angela Clarke, Housing Division, DSD.
The Committee also noted a submission on the Bill from the Royal Institute of Chartered Surveyors.
Mr Easton joined the meeting at 10.09am.
The Committee continued its formal clause-by-clause scrutiny of the Housing (Amendment) (No.2) Bill.
Clause 2 – Tenant Deposit Schemes
The Committee noted that the Department had tabled an amendment to clause 7 which would make the establishment of a Tenant Deposit Scheme a duty and not just a power and would also include a timeframe for the establishment of the Scheme.
Agreed: The Committee therefore agreed to defer consideration of this issue.
Agreed: The Committee agreed to defer consideration of clause 2 pending receipt of the text of an amendment from the Department which would require landlords to repay deposits to tenants where the landlord is in breach of tenancy legislation.
Clause 5 – Registration of landlords
The Committee noted that the Department had tabled an amendment to clause 7 which would make the establishment of a Landlord Registration Scheme a duty and not just a power and would also include a timeframe for the establishment of the Scheme.
Agreed: The Committee therefore agreed to defer consideration of this issue.
Mr McCallister joined the meeting at 10.20am.
Mr Anderson declared an interest as a member of Craigavon Borough Council at 10.25am.
Agreed: The Committee agreed to seek advice as to whether the Bill could be amended to include a minimum level of fines which could be applied in respect of breaches of tenancy legislation.
The Committee approved a Departmental amendment which will allow district councils to apply to the courts to require an unregistered landlord to register within 28 days.
“Agreed: That the Committee for Social Development recommends to the Assembly that Clause 5 be amended as follows:
Clause 5, page 4, line 42 at end insert -
‘(7) If on an application made to it by a district council, the county court is satisfied that -
(a) a person has been convicted of an offence under subsection (4)(b), and
(b) that person is continuing after that conviction to contravene subsection (4)(b),
the court may make an order requiring that person to register under this Article within such period (not being less than 28 days from the date of the order) as the court may specify.’”
Agreed: The Committee agreed that the Clerk should write to the Department seeking assurances that following the passage of the Bill, it will undertake a formal review of fines and penalties associated with tenancy legislation and of district councils’ ability to recover court costs associated with the enforcement of tenancy legislation.
Agreed: The Committee agreed to defer consideration of clause 5 pending receipt of responses to the issues identified above.
Clause 6 – Fixed penalty for certain offences
Agreed: The Committee agreed to defer consideration of clause 6 pending receipt of responses to the issues discussed in connection with clause 5.
Clause 7 – Regulations
Mr Easton left the meeting at 10.46am.
The Committee approved an amendment which would make the establishment of a Tenant Deposit Scheme and a Landlord Registration Scheme a duty and not just a power and would also include a timeframe for the establishment of the Schemes.
“Agreed: That the Committee for Social Development recommends to the Assembly that Clause 7 be amended as follows:
Clause 7, page 6, line 13, at end insert -
‘(4) The Department must lay before the Assembly -
(a) a draft of regulations under Article 5A, and
(b) a draft of regulations under Article 65A,
not later than 18 months after the date on which the Housing (Amendment) Act (Northern Ireland) 2011 receives Royal Assent.”’
“Question: That the Committee for Social Development is content with clause 7 as amended, put and agreed to.”
Clause 9 – Withholding of consent to mutual exchange of secure tenancies
Mrs Bradley joined the meeting at 10.56am.
Mr Hamilton joined the meeting at 10.59am.
Mr Hamilton left the meeting at 11.05am.
The Committee approved an amendment which would allow social landlords to withhold consent to the exchange of tenancies on the grounds that the dwelling house was being used for immoral or illegal purposes and where the assignee has been convicted of an indictable offence.
“Agreed: That the Committee for Social Development recommends to the Assembly that Clause 9 be amended as follows:
Clause 9, page 7, line 38, at end insert -
‘Ground 2B
The tenant or the proposed assignee or a person who is residing with either of them has been convicted of -
(a) using the dwelling-house of which the tenant or the proposed assignee is the secure tenant, or allowing it to be used, for immoral or illegal purposes, or
(b) an indictable offence.’”
The Committee approved an amendment which would allow social landlords to withhold consent to the exchange of tenancies where there are court orders in place relating to anti-social behaviour.
“Agreed: That the Committee for Social Development recommends to the Assembly that Clause 9 be amended as follows:
Clause 9, page 7, line 29, at end insert ‘granted or sought on the grounds that the tenant -
(i) is engaging in, or threatening, to engage in, conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality;
(ii) is using or threatening to use the premises for immoral or illegal purposes; or
(iii) is allowing, inciting or encouraging any other person to engage or threaten to engage in such conduct or use or threaten to use the premises for such purposes;’”
Mr Easton rejoined the meeting at 11.11am.
Agreed: The Committee agreed to defer further consideration of clause 9 pending receipt of Departmental guidance to the Housing Executive on anti-social behaviour and possession proceedings for secure tenancies.
Clause 10 – Disclosure of information as to orders, etc. in respect of anti-social behaviour
The Committee noted Departmental evidence that information relating to anti-social behaviour was to be restricted to public domain information such as injunctions and convictions etc. which would be subject to existing accuracy protocols. The Committee also accepted Departmental assurances in respect of guidance to social landlords on the treatment of vulnerable tenants who may have mental health issues.
Agreed: The Committee therefore agreed that it would not support amendments which would restrict disclosures of anti-social behaviour information to prescribed persons. The Committee also agreed that it would not pursue amendments relating to information protocols and the provision of guidance to limit discrimination against vulnerable groups.
“Question: That the Committee for Social Development is content with clause 10 as drafted, put and agreed to.”
Clauses 15 – Commencement
The Committee approved technical Departmental amendments relating to the commencement of the provisions of the Bill.
“Agreed: That the Committee for Social Development recommends to the Assembly that Clause 15 be amended as follows:
Clause 15 page 10, line 25, at beginning insert ‘Except as provided by subsection (1A),’
Clause 15 page 10, line 26, at end insert -
‘(1A) Sections 2, 5 and 7 come into operation on Royal Assent.’”
“Question: That the Committee for Social Development is content with clause 15 as amended, put and agreed to.”
New Clauses
The Committee accepted a Departmental proposal which would allow the Housing Executive to make legal arrangements with other statutory authorities where such arrangements will enhance services to tenants.
“Agreed: That the Committee for Social Development recommends to the Assembly that the following new clause be inserted:
After Clause 12 insert-
‘Power of Executive to enter into arrangements with other statutory authorities [j3a]
. -(1) The Department may by regulations make provision for or in connection with enabling the Executive (on the one hand) and prescribed statutory authorities (on the other) to enter into prescribed arrangements in relation to the exercise of prescribed functions of the Executive and prescribed housing-related functions of the statutory authorities, if the arrangements are likely to lead to an improvement in the way in which those functions are exercised.
(2) The arrangements which may be prescribed include arrangements for or in connection with -
(a) the exercise by the Executive on behalf of a statutory authority of prescribed housing-related functions of the authority,
(b) the exercise by a statutory authority on behalf of the Executive of prescribed functions of the Executive,
(c) the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a) or (b),
(d) meeting exp enditure incurred in connection with the arrangements, including provision for t he making of payments by a statutory authority to the Executive or by the Executive to a statutory authority.
(3) Regulations under this section may make provision -
(a) as to the cases in which the Executive and statutory authorities may enter into prescribed arrangements,
(b) as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation),
(c) for or in connection with requiring the consent of a Northern Ireland department to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval),
(d) as to the sharing of information between the Executive and statutory authorities.
(4) Any arrangements made by virtue of this section shall not affect -
(a) the liability of the Executive for the exercise of any of its functions,
(b) the liability of statutory authorities for the exercise of any of their functions, or
(c) any power or duty to recover charges in respect of services provided in the exercise of any functions of statutory authorities.
(5) A Northern Ireland department may issue guidance to the Executive and statutory authorities in relation to consultation or applications for consent in respect of prescribed arrangements.
(6) The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate.
(7) In this section -
“housing- related functions” , in relation to a statutory authority, means functions of the authority which, in the opinion of the Department -
(a) have an effect on the housing of any individual;
(b) ha ve an effect on, or are affected by, any functions of the Executive, or
(c) are connected with any functions of the Executive;
“prescribed” means prescribed to any extent by regulations under this section;
“statutory authority” means a body or person exercising functions under any Act of Parliament or Northern Ireland legislation.
(8) Regulations under this section -
(a) are subject to negative resolution;
(b) may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient. ’”
Agreed: The Committee agreed to continue formal clause-by-clause scrutiny of the Bill at a subsequent Committee meeting.
The Chairperson thanked the officials.
Officials left the meeting at 11.19am.
5. Any Other Business
Agreed: The Committee agreed that the Chairperson would write to the Minister seeking an update on the Northern Ireland Housing Executive’s response during the recent spell of cold weather. In particular, the Committee sought: information on the apparent communication breakdown between NIHE and its contractors; an explanation as to the apparent absence of adequate communication arrangements for tenants and their representatives; an update on the status of repairs and the reasons for delays and assurances that lessons will be learned and improvements made in NIHE’s service delivery to its tenants.
6. Date, time and place of next meeting
The next meeting will take place on Thursday, 13 January 2011 in Room 29, Parliament Buildings at 9.30am.
The Deputy Chairperson adjourned the meeting at 11.35am.
Mr Simon Hamilton MLA
Chairperson, Committee for Social Development.
20 January 2011
16 December 10 / Menu
