Legislative Competency Order for Housing

For people who are not aware, there are currently two ways that Wales can seek legislative powers. Both are via Schedule 5 of the Government of Wales Act 2006. The first is by the inclusion of provisions in UK Parliamentary Bills (referred to as framework powers) by the UK Government.

The second is via a Legislative Competency Order (LCO). This is a piece of constitutional legislation in the form of an order in council that transfers legislative authority from the UK parliament to National Assembly for Wales. Each LCO adds a ‘Matter’ to one of the ‘Fields’ stated in Schedule 5 of the Government of Wales Act 2006. This is the list of areas in which the National Assembly for Wales may legislate. One of these ‘Fields’ is housing matters.

The LCO must be approved by the National Assembly for Wales, the Secretary of State for Wales, both houses of Parliament and then the Queen in Council. Each Matter then gives the Welsh Assembly Government permission to pass legislation known as an Assembly Measure, which operates in Wales just as an Act of Parliament operates across the UK.

The text that comes with the LCO contains the actual title of the legislation (Measure). An Assembly Measure allows provisions to be made in certain areas e.g. Housing, Health, Social Services etc.



Allies of aspiration – A new broad ranging LCO for housing in Wales

The National Assembly for Wales has set out proposals concerning the transfer of legislative powers in the key areas of tenancy issues, housing related support, homelessness, regulation of social landlords, gypsy and travellers, empty homes and council tax for second homes.
The Welsh Tenants Federation welcomes the LCO which aims to give powers to the National Assembly for Wales to deliver on key priorities as outlined in the One Wales agreement and the linked strategies concerning National Housing, homeless and supporting people priorities. It will also address outcomes from the wide ranging Essex review on affordable housing. To the lay person, no one in their right mind would contemplate starting a job without ensuring they have the appropriate tools to complete the work to a good standard, so it makes sense to seek these legislative tools to deliver on the housing sectors collaborative aspirations.
Speaking on the ‘measures’ being sought, policy officer Steve Clarke said ‘We are particularly pleased that the National Assembly for Wales is seeking the transfer of powers in respect of ‘tenancy matters’. We look forward to the debates concerning the potential to equalise rights across the housing sector ending the disparity that exists between different providers and potentially widening choice and delivering on social mobility objectives.
However there are difficulties when trying to introduce instituitional change when full law making powers are not available. There is also an opportunity to address equality issues regarding co-habiting couples and women in domestic violence cases, expanding on some of the good practice that already exists. There are always risks when you open these issues up for change, therefore the tenant community needs to ensure that their aspirations are being considered as we embark on this journey. Collectively agreeing on a suite of rights and responsibilities, will also mean examining how they are enforced while providing tenants with the means by which their consumer rights are protected.
We are also pleased to see wider intervention powers by the Welsh Assembly Government as the regulator of social housing as recommended under the Sustainable Homes report published in July 08.
There are several other measures contained in the LCO concerning delivery approaches to homeless prevention and supporting people which we broadly welcome and look forward to the opportunity to consider them in depth as the measures are considered and developed by the scrutiny committees should the proposals seek wide ranging support from a majority in the assembly.
Clearly there is a journey to be travelled before the National Assembly for Wales achieves the legislative programme required to preserve and protect our valuable social housing assets and the people that occupy them. We have allies of aspiration within the housing sector, what we need now, is for that aspiration to find collective support to ensure delivery.