Official Report: Minutes of Evidence

The Deputy Chairperson (Ms Armstrong): We will now go through the formal clause-by-clause consideration of the Private Tenancies Bill. I will read out the title of each clause before I put the formal Question on that clause. Members, if you have any final queries for David, please alert me before I put the Question on whether the Committee is content with each clause as drafted or as amended. For those of you who are on StarLeaf, I will need you to raise your hand so that I make sure that I do not miss you.

The Deputy Chairperson (Ms Armstrong): Is the Committee content with clause 11 as drafted by the Department?

Mr Allen: Are we able to note our previous concerns?

The Deputy Chairperson (Ms Armstrong): Yes, we are. What do you want me to note?

Mr Allen: We articulated concerns previously to the Department on the consultation's coming late etc, and I feel that that is pertinent to the clause.

The Deputy Chairperson (Ms Armstrong): Do we want to say at this stage that, as there is a consultation going on, the Committee does not want to presume or pre-empt its outcome? Do we want to be content with the clause as it is drafted, or do we want to say that the Committee cannot make a response at this time?

Mr Allen: Are we not reserving our position in the hope that the Department is going to bring forward —

The Deputy Chairperson (Ms Armstrong): If you are content, instead of saying that the Committee is content with clause 11, we will say that the Committee has reserved its decision on the clause until the consultation report is produced.

Mr Frew: Yes, that would be sensible, as long as it is in order with the procedures of the Committee.

The Deputy Chairperson (Ms Armstrong): We can check with the Bill Clerk whether that is an appropriate comment for the Committee to make.

The Clerk Of Bills: The Committee does not have to take a formal position if it feels that it is not in a position to do so. If the Committee's view is that it is unable to say at this stage that it is content, that is sufficient. The Committee may also wish to note that there are regulation-making powers and that it will be coming back to consider the matter in the future, but it should not feel forced to take an opinion, if that is the case.

The Deputy Chairperson (Ms Armstrong): New clause 11A has been drafted by the Department and is "Payment options for tenants: power to make provision and duty to consult".

The Deputy Chairperson (Ms Armstrong): Is the Committee content with clause 13 as amended by the Department?

Mr Allen: So that no confusion is caused, does that contain the amendments that David discussed in relation to the coronavirus legislation?

The Deputy Chairperson (Ms Armstrong): So that the Department hears this, the amendment to the commencement for the notice to quit comes into effect after the coronavirus legislation finishes on 4 May.

The Clerk Of Bills: May I interject? David and the Department may clarify this, but I understand at this stage that the departmental amendment to clause 13 relates only to new clause 11A. We have not yet had sight of the amendment relating to the delay to clause 11. Is that correct, David?

Mr David Polley (Department for Communities): Both those things are correct. Yes.

The Clerk Of Bills: The Committee has not had sight of that amendment yet, and it will take a view separately on it.

Mr Polley: I think that it is fine to say that you are content with it as drafted because we have not sent anything over.

The Clerk Of Bills: Just to confirm, you will confirm that you are content with clause 13 as amended because an amendment to clause 13 is in new clause 11A. So, that is what you are agreeing today — clause 13 as amended. Clause 11A is the one that you are voting on today, not anything to do with the extension of the notice to quit.

The Deputy Chairperson (Ms Armstrong): Yes, we do not have that, so we can go only by what we have on paper at the moment

The Deputy Chairperson (Ms Armstrong): Members, the Committee team will finalise the draft Committee report and get it out to all of us as soon as possible. Are members content to meet tomorrow afternoon at 2.30 pm to consider the draft report only? That will allow the team to make any changes that we request and to bring the final version to us on Thursday, as the report must be laid in the Business Office on Friday.

I know that that is another meeting this week, folks, but at least it gets it done and dusted for us.

The Deputy Chairperson (Ms Armstrong): Great; so we will look at the draft report only tomorrow. If you have a chance, as soon as you get it, have a read of it, and we can go through it tomorrow at 2.30 pm with any comments, amendments or updates that you may need to add to it.

David, Conrad and Karen, thank you very much. If you have any further amendments, like the one that we just talked about with the commencement, if you want to send those to us, we can certainly try to consider them. Consideration Stage is coming up next, but we are waiting hopefully on a few outcomes of reports before that happens. For now, thank you very much.

Mr Polley: Thank you very much.