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Written evidence from Shelter Cymru (H&LG LCO 2)

 

Shelter Cymru is the leading housing and homelessness charity in Wales and works for the prevention of homelessness and the improvement of housing conditions. Our vision is that everyone in Wales should have a decent home.

 

We believe

· a home is a fundamental right and essential to the health and well-being of people and communities.

Values

 

Independence

· We work for people in housing need without fear or favour.

· We will constructively challenge to ensure people are properly assisted and to improve practice and learning.

 

Respect

· We work as equals with the people who use our services.

· We will help people identify the best options to find and keep a home and take control of their own lives.

 

Introduction

 

1. Shelter Cymru welcomes the opportunity to provide the Welsh Affairs Committee with evidence on the Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010.

 

2. Shelter Cymru believes that everyone in Wales has the right to decent housing and works with the Assembly and partners to improve the approaches to tackling homelessness and poor housing in Wales. We believe that legislative developments can, in certain circumstances, improve practice and help prioritise resources and therefore contribute to eradicating the trauma of homelessness and housing need in Wales. From this perspective the future ability of the Welsh Assembly Government to legislate when necessary on housing matters is of considerable importance to the beneficiaries of the charity.

 

3. The process of devolution has enabled Wales to make progress in several policy areas, including housing and homelessness, which would not have otherwise occurred as policy was made outside Wales and simply implemented here. In terms of legislation specifically related to homelessness we have seen:

 

· The Homeless Persons Priority Need Wales Order 2001 - which extended the groups of people accorded priority need under s.189 of the Housing Act 1996

· Homelessness (suitability of accommodation (Wales) Order 2006)

 

 

4. These developments ensured that many of the most vulnerable people experiencing homelessness were given greater assistance and placed in more suitable accommodation than before Orders were implemented.

 

5. To enable Wales to more fully act in the interest of people facing homelessness and housing need, which includes the drivers for delivery, and provision of, suitable homes, more effective regulation of social housing providers and a more integrated approach to homelessness and sustainability, Shelter Cymru believes that the Welsh Government should acquire the powers identified in the Legislative competency Order (LCO).

 


1. Is the LCO request in the spirit and scope of the devolution settlement?

We believe that the proposed order is in the spirit and scope of the devolution settlement. The Assembly already has the responsibility for developing policy in many areas of housing and homelessness and the matters identified in the LCO but does not currently have the legislative powers to, when necessary, take forward and achieve many of these policy positions.


2. Is the use of the LCO mechanism in accordance with the Government of Wales Act 2006?

We believe the order is in line with the Government of Wales Act 2006 in that it clearly identifies the matters for which powers are requested and explains the rationale for requesting the powers.


3. To what extent is there a demand for legislation on the matter(s) in question?

We believe that there is a demand for the legislative powers on the matters included in the order. Shelter Cymru regularly works with a broad range of stakeholders from both governmental and statutory sectors as well as the voluntary sector in Wales - including recently on the Essex Review, development of the Welsh Government's ten year homelessness plan and the subsequent delivery groups, the National Housing Strategy and Supporting People Strategy - and we believe that there is consensus amongst partner organisations that the powers relating to homelessness and housing should lie with the Welsh Government in order that it can more comprehensively take forward its strategies.

 

While successive Governments have been able to make progress on individual issues, to enable Wales to more fully act in the interest of people facing homelessness and housing need, the Assembly should have the legislative powers to achieve the policy aims it has set, and may set, in the future. The matters referred to in the order will enable the Government to pursue a coherent and long-term policy in terms of housing supply, regulation and homelessness.

 

In order to prevent homelessness and assist people to live independently and sustain accommodation, we believe that Wales needs to explore the development of a more integrated statutory framework that seeks to assist anyone experiencing homelessness and which leads to more sustainable solutions. This framework will be dependent upon improved access to housing supply, more flexible means of accessing homes to rent or buy, and schemes which can tailor ownership to the individual circumstances of people at different stages of their lives (e.g. staircasing up or down depending on income). The proposed order will give the Welsh Government the powers to legislate, if necessary, in many of the areas required to deliver its aims.

 

4. Are there any cross-border issues relating to the LCO? (e.g. financial or policy issues)

We don't believe that there are major cross-border issues relating to this order. In their evidence to the Assembly Legislative Committee, the Deputy Minister for Housing and the Assembly's Head of Housing stated that there were no major cross border issues arising from the order and that close communication is maintained with the Local Government Department in England to discuss general policy direction.


5. Are the purpose and scope of the LCO clearly defined, including the terms and definitions used?

We believe they are and that the explanatory document gives further information on the matters included.


6. Does the LCO have the potential to increase the regulatory burden on the private or public sector?

We believe that any Measures that may be developed from the Order must ensure that the regulatory burden is not increased and, where possible, that regulation, while remaining effective and fit for purpose, is reduced e.g. lighter regulation of Registered Social Landlords is something that the Assembly has already begun to develop and is an aim of the LCO.

 

In terms of homelessness, any Welsh Measures could reduce the bureaucratic burden on Local Authorities by reducing homelessness categories and some of the procedural work that authorities must currently undertake during the statutory decision making process.


7. Would the proposed LCO necessitate the formation or abolition of Welsh institutions and structures? If so, where does the legislative competence to exercise such changes lie?

We don't believe that the proposed order will necessitate such changes.


8. Is the use of an LCO more appropriate than, for example, the use of framework powers in a Westminster Bill to confer competence on the Assembly?

We believe that the proposed order is more appropriate as it will give the Assembly the flexibility to take forward its policy aims in a timely, coherent and comprehensive way. For example, the Assembly is currently beginning its ten year plan to tackle homelessness in Wales. This plan includes reviewing the current statutory framework and considering alternative models of delivery. The order will give the Assembly the ability to take forward any subsequent plans without having to request powers through, for example, a Westminster Bill, which clearly would need to compete with the diverse priorities of the Parliamentary calendar.

 

The issues of tackling homelessness and providing suitable homes are broad and having to negotiate time and space at Westminster could easily cause disruption to any plans the Assembly might have in this respect.

 

In summary, the order enables the Assembly to consider policy approaches and to, if necessary, legislate in a planned and coordinated manner.

 

9. Has full use been made of any existing powers to issue statutory guidance and/or secondary legislation in relation to this Matter?

 

Shelter Cymru believes that the Assembly has used its existing powers, through statutory guidance and secondary legislation, in relation to housing and homelessness in Wales. The Assembly produced a Code of Guidance for Local Authorities on Homelessness and Allocations, has introduced two pieces of secondary legislation on homelessness (see Introduction), and in policy terms developed the first National Homelessness Strategy (a UK first) as well as the current ten year plan to tackle homelessness.

 

However, current Assembly powers in this area are fundamentally fragmented. The powers included in the order will mean that the Assembly can fully consider many of the issues and the means of addressing them, and to take forward an effective and cohesive framework for tackling housing need in Wales, which includes the provision of suitable homes and drivers for delivery, and a more integrated approach to homelessness and sustainability.

 

January 2010