Welsh Ministers should be able to suspend ‘Right to Buy’, says Assembly Committee

Published 02/02/2010   |   Last Updated 14/07/2014

Welsh Ministers should be able to suspend ‘Right to Buy’, says Assembly Committee

2 February 2010

Welsh Housing Ministers should be able to legislate to suspend the ‘Right to Buy’ council stock in areas where there’s a shortage of social housing.

That’s the view of the National Assembly of Wales’ Legislation Committee No.2 who have backed the proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010

It follows a previous order, laid in 2007, which was scrapped after concerns were raised about the legalities of some aspects.

“Good quality affordable housing is an essential part of living a fulfilling life,” said Committee Chair, Val Lloyd AM.

“That’s why we, as a committee, recognise the importance of the proposed Order in providing the Assembly with legislative competence relating to social housing and meeting the housing needs of vulnerable people.

“We note the evidence from consultees welcoming the breadth of scope of the proposed Order compared to the original proposed Order and we, too, welcome that.”

As well as giving Ministers the ability to suspend the Right to Buy, the proposed order will also allow the Assembly to:

- provide the Assembly with legislative competence over the provision of caravan sites, by local authorities, for Gypsies and Travellers;

- allow the Assembly to develop legislation in relation to the prevention of homelessness and issues of intentionality;

- enable the Assembly to pass legislation relating to the Council Tax charges on dwellings that are not the main residence of an individual.

Background information:

1. In November 2007, in pursuit of a One Wales commitment in relation to the Right to Buy, the Welsh Government laid the proposed Affordable Housing Legislative Competence Order (the ‘original proposed Order’). That proposed Order was considered and reported on by an Assembly committee and the Welsh Affairs Select Committee in the House of Commons. A draft Affordable Housing Order was subsequently laid, in amended form, and approved by the National Assembly.

2. Following concerns raised about the legality of one aspect of the final text of the draft Order, the Welsh Government announced plans for a new housing Order. The draft Affordable Housing Order did not, therefore, complete its legislative passage through Parliament.

3. On 30 November 2009, Jocelyn Davies AM, the deputy Minister for Housing, laid the proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (‘the proposed Order’) and Explanatory Memorandum, in accordance with Standing Orders 22.13 – 22.14.

On 1 December 2009, the Business Committee agreed to refer the proposed Order to Legislation Committee No.2 for detailed consideration, in accordance with Standing Order 22.16, and agreed a reporting deadline of 29 January 2010.

View Draft Report (PDF)