CONSULTATION ON MATTERS OF HOUSING MANAGEMENT (Hansard, 30 April 1996)

§ Mr. Simon Hughes
I beg to move amendment No. 156, in page 73, line 31, leave out 'it considers appropriate to enable' and insert 'will guarantee.'

§ Madam Deputy Speaker
With this, it will be convenient to discuss also the following amendments: No. 157, in page 73, line 40, after 'arrangements', insert 'and replies with a reasonable response to each and every representation made.'. No. 158, in page 74, line 25, at end insert— '(c) be given to all tenants affected.'.

§ Mr. Hughes
Clause 118(2) states: The authority or trust"— the landlord— shall maintain such arrangements as it considers appropriate to enable those of its introductory tenants who are likely to be substantially affected by a relevant matter of housing management—

(a) to be informed of the proposals of the authority or trust …

(b) to make their views known"

I want a guarantee that tenants who are likely to be substantially affected are informed. People often are not. The council may say that it has sent a notice or posted a letter, but often such communications never arrive. I am not so trusting of local authorities. My experience in Southwark has taught me to be untrusting often of Southwark council's housing department. I would be far more trusting if the law gave tenants a guarantee that they will be consulted—and if it can be proved that the council did not consult, it can be taken to task.
Amendment No. 157 would give some teeth to subsection (2), which embodies a wonderful tradition of legislating by stating that local government shall, before making a decision on the matter, consider any representations made to it in accordance with those arrangements. That can mean placing one piece of paper in front of a council officer, who considers it for one second before dismissing it. If one is really lucky, the matter might appear on an agenda and be nodded through in a meeting without formal consideration. The amendment would make certain that any representation is answered, and answered reasonably. Any tenant who says, "This is my view: you ought to run the show this way; you ought to do something different, " will know that his comments will be taken into account.
Probably more pieces of paper from tenants have gone missing in Southwark council than in any other authority in the world. People are told, "Sorry, we cannot find the files. We cannot find the paperwork. We don't think that we received the document." Tenants go to the council day after day, sometimes week after week, to complain but nothing happens. We must give tenants the right to an answer. Democracy in housing management needs answers, and if there is to be equity as between tenants and landlords, tenants must have a right to them.
Amendment No. 158 would ensure that the authority or trust publishes details of the arrangements that it makes under this section, that it publishes a copy of the documents and that a copy is given to all tenants affected. Yes, it can be perfectly proper to place the information in the council's principal office. Yes, it may be made available, on payment of a reasonable fee, to any member of the public. It is, however, important to ensure that it reaches the people affected. Although in that respect Labour-run Southwark council is better than it was, people are regularly not given information. Some people must have it put through their door and drawn to their attention. It is no good saying, "It is in the council office, " or, "You can come and see it, " or, "Get your friend to go along and pay 20p to get a copy." We must ensure that tenants are given the information.
Democratic housing management, which, above all, is about the rights of tenants, requires that tenants are given information. That should be the duty of the landlord. My amendments simply seek to ensure that we give teeth and a bit of toughness to the proposal, to deal with 1008 authorities, which, like Southwark over many years, have often been poor at ensuring that tenants are given information to which they are entitled, and which we have legislated that tenants should have.

§ Mr. Gwilym Jones
Amendment No. 156 would require local authorities to guarantee that their tenants are consulted on housing management matters. As the hon. Member for Southwark and Bermondsey (Mr. Hughes) said, clause 118 already requires local authorities to maintain such arrangements as they feel appropriate to ensure that introductory tenants are consulted. The provision is based on the Housing Act 1985, which requires local authorities to consult their secure tenants on the same basis. I have no reason to suppose that the current system has not worked for both tenants and local authorities.
Authorities are already required to consider any representation made during consultation, but amendment No. 157 would require them to reply to each and every representation. I am sure that local authorities will make every reasonable effort to reply.

§ Mr. Simon Hughes
But they do not, so what is the sanction? How can tenants know that any representation that they make is considered properly and what the considered view is? I can assure the Minister that representations regularly disappear into a black hole or into thin air and tenants never hear anything from the council again.

§ Mr. Jones
I am struck by the hon. Gentleman's regard for local democracy and accountability. He must have even more experience than I have of Labour and Liberal councillors.
Amendment No. 158 would be a costly and wasteful exercise. Authorities are already required to make details of consultation arrangements available and can make a small charge should anybody want a copy. I cannot see that the hon. Gentleman's amendments would improve the situation, and I urge him not to pursue them.

§ Mr. Simon Hughes
I am entirely unsatisfied. If the Minister thinks that all councils are the wonderful paragons of virtue that we legislate to make them, he has another think coming. Not all councils are as bad in their housing management as Southwark traditionally is, but I am afraid that it is not a happy story in many cases. I could bring in an army of tenants, who could fill the Gallery and Central Lobby. They would tell the Minister just how bad it is. Even now, under the so-called new management of Southwark, things have barely improved in that respect.
I shall not withdraw the amendments. The Government can vote them down if they want to, but I sincerely hope that the Minister will not try to make party political points. We need good management by all councils, of whichever party. The rights of tenants must be looked after. I should have thought that it was in the Government's interest to do that.