Senedd members denounced the “ill-judged, regrettable and unacceptable” decision to “piggyback” on the UK renters’ rights bill but held their noses to vote for it nonetheless.
Mike Hedges, in his role as chair of the legislation committee, expressed concerns about the Senedd consenting to the UK Government making law in a devolved area.
He said the Welsh Government provided no clear rationale for “piggybacking” on a UK bill, adding that a bill tailored to Wales’ needs could have already become law by autumn 2024.
“This would have meant that the benefits of the legislation could have been felt sooner by citizens in Wales,” said the Labour Senedd member.
“Moreover, the provisions could have been consulted on by Senedd committees and subject to more debate and scrutiny, with a view to producing better outcomes.”
‘Fait accompli’
The renters’ rights bill, described as the most significant change to the private rented sector in decades, amends two Senedd Acts – with little input from elected members in Cardiff Bay.
Mr Hedges warned: “The Senedd is in effect being provided with a fait accompli: vote in favour or risk losing important legislation on housing.
“This is even though the bill’s provisions for Wales have not been the subject of rigorous policy development, detailed scrutiny by members of the Senedd with knowledge of Welsh housing issues nor consultation with stakeholders.”
During a debate on a legislative consent motion on May 20, Mr Hedges criticised the lack of a formal Welsh Government consultation on a bill that creates new criminal offences.
He added: “In the committee’s view, the decision to pursue provisions for Wales in the UK Government’s bill on grounds of expediency was a miscalculation and ill-judged.”
‘Sacrifices’
The former Swansea council chief pointed out that using a UK bill meant Welsh ministers could “avoid” the need to prepare relevant impact assessments.
Expressing the committee’s scepticism of claims the bill would have no financial implications, he said using UK bills has become a matter of convenience for the Welsh Government.
Mr Hedges concluded: “The approach…, which excludes the Senedd as a legislature and stakeholders in Wales, represents a regrettable and unwelcome approach to devolution.”
Wales’ housing minister Jayne Bryant responded: “Practically, we could not deliver within the timeframe of this bill without making sacrifices elsewhere.
“We could have looked to deliver a discrete bill but it would have been delivered further down the line and I’m not prepared to make tenants in Wales who are being discriminated against wait… and nor did I want to jeopardise other important legislation.”
‘Unacceptable’
Ms Bryant, who was appointed in July 2024, stressed the need to balance Senedd scrutiny against the need to deliver positive changes for Wales, “which I believe this bill offers”.
She pointed out that there was nothing to stop people or organisations in Wales responding to the UK Government’s consultation.
Her Labour colleague Alun Davies intervened: “This is essentially an argument to go back to the pre-2011, 1999 settlement, that there’s no need for Welsh consultation.”
The Blaenau Gwent Senedd member said: “That is unacceptable, minister, I’m afraid. It’s absolutely unacceptable to speak to our parliament in that way.
“Members here have the absolute right to scrutinise legislation. It’s why we are elected here. It’s why the Welsh Government fought for and achieved a referendum on full primary powers and we should be afforded the opportunity to exercise those.”
But he said he would vote along party lines, prompting roars of laughter around the chamber.
Pet peeve
Fellow Labour backbencher John Griffiths was disappointed a new right in the bill for tenants to request permission to keep pets would not extend to Wales.
Landlords in England would not be able to unreasonably withhold consent. “We would like to see Welsh tenants afforded the same rights,” said Mr Griffiths, the housing committee chair.
Laura Anne Jones, the Conservatives’ shadow housing secretary, opposed the bill due to concerns surrounding a potential ban on so-called no-fault evictions.
She said: “Scotland abolished no-fault evictions in 2017 and… there’s been increasing hostility… resulting in 22,000 rental properties being taken off the market last year.”
Senedd members backed legislative consent for the bill, 37-14, with the Tories and Rhys ab Owen – who sits as an independent – voting against.