Stage 3 of the Homelessness and Social Housing Allocation (Wales) Bill was completed on Tuesday 3rd February, following two hours of debate and votes on over 90 amendments. However, there was some controversy, as 14 amendments failed to pass due to the absence of two MSs.
During Stage 3, Cymorth worked with colleagues at Crisis and Shelter Cymru to develop a joint briefing for Members of the Senedd, which included suggested amendments that we felt would strengthen the Bill. We then worked with opposition MSs such as Sian Gwenllian (Plaid Cymru), Joel James (Welsh Conservatives) and Rhys ab Owen (Independent) to inform their decisions about amendments. Once the full set of amendments had been tabled, we sent MSs another briefing that explained which amendments we were supporting and why. We also highlighted how close some of the votes would be, given the Welsh Government no longer has a majority in the Senedd, encouraging MSs to vote for the amendments we were supporting.
Amendments that were passed at Stage 3 included those relating to:
- The creation, collection, collation and publication of information relating to common housing registers
- Providing guidance to local housing authorities on rent guarantees
- Conducting a review of the ‘Ask and Act’ duty within two years of implementation of this part of the Bill
- Ensuring the deliberate manipulation test cannot come into force before the abolition of intentionality
Unfortunately, a number of amendments that we supported did not pass.
14 of these amendments resulted in tied votes, with 24 oppositon MSs voting in favour and 24 Welsh Labour MSs voting against. The Llywydd (Presiding Officer) therefore had the casting vote, which she had to cast against the amendments, in line with the Senedd Standing Orders. These amendments included:
- Amendments 32-35, 67: Would have required local authorities to record the reasonable steps taken to prevent homelessness and provide applicants with a right to request a review of the reasonable steps
- Amendment 50: Would have ensured that applicants are made aware of free independent advice if a local authority suggests ending the main housing duty via an option other than social or private rented sector housing
- Amendments 51 and 73: Would have providesd protection for people who are vulnerable as a result of being a victim of abuse under section 19, which enables local authorities to end their duty to help applicants because of property damage or threatening/violent behaviour.
- Amendments 71/72: Sought to ensure that section 19, which enables services to end their duty to support a person based on property damage or threatening/violent behaviour, is applied proportionately.
- Amendments 55, 56: Would have required local authorities to publish their protocols for cases where people need particular support – e.g. young people, care leavers, prison leavers, veterans, people with mental health and substance use issues. Amendment 56 would have required the Welsh Government to publish a national template for these protocols.
- Amendment 61: Would have protected victims of abuse from being found to have deliberately manipulated the housing system (which would otherwise result in them losing prioritisation for social housing due to homelessness).
- Amendment 80: Would have ensured that properties with a category 1 hazard would not be considered suitable accommodation.
Absent MSs: There were several MSs who were not present for the votes. Labour and Conservative MSs were paired – a parliamentary convention to ensure that any absences (e.g. for illness, travel, other commitments) do not affect the outcome of the vote. However, the absence of Jane Dodds (Liberal Democrats) and Laura Anne Jones (Reform) did affect the vote – i.e. if either of them had been present and voted against the government, the 14 amendments above would have passed.
Media interest
We were contacted by journalists following the Stage 3 debate and vote, to ask for our reaction to the amendments that fell due to absent MSs. We provided them with the following quote:
“It is incredibly disappointing and frustrating that so many amendments ended in a tied vote and ultimately failed to pass because some MSs were not in the Senedd to cast their vote.
“Three and a half years of work has gone into the development of this legislation, including engagement with over 300 people with lived experience of homelessness, who wanted to see their experiences reflected in the Bill.
“Key amendments that fell after a tied vote included those that would have ensured access to independent advice at a critical point in people’s homelessness journey, strengthened new provisions for coordinating support for people facing the greatest adversity and trauma, and added protections to ensure victims of abuse do not inadvertently lose access to accommodation and support.
“While the Bill remains an excellent, ground-breaking piece of legislation, many of us are feeling upset and frustrated at this missed opportunity to strengthen it further.”
We also appeared on BBC Radio Wales Sunday Supplement programme on 8th February to discuss this issue. You can listen to the inteview here – at 31 minutes and 30 second in.
We have received an email from Jane Dodds MS, who has apologised for missing the vote and said that she is ‘committed to working with Cymorth Cymru and others to push for these protections to be delivered in practice, and to press the Welsh Government to address the gaps that remain’.
