Clause 43
Housing and Regeneration Bill
Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
It is a pleasure to see you back in the Chair this afternoon, Mr. Gale.
I think that this morning I covered adequately the points about guidance raised by hon. Members, and I gave some examples.
Lembit Öpik (Shadow Minister (Housing), Department for Communities and Local Government; Montgomeryshire, Liberal Democrat)
I am grateful for the clarification that the Minister provided. However, one concern remains, to which he could respond now or, if necessary, in writing. Will he provide clarity on the question of whether the guidance is binding or advisory, as it would be useful for the Homes and Communities Agency to know what is expected of it? I am not putting him on the spot: if he wants to consider that question, and respond in writing, or later in Committee proceedings, I am comfortable with that.
Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
As I think I mentioned this morning, my understanding is that guidance is guidance, and that it is not binding. However, if I have inadvertently misled the Committee, I shall make Members aware of it.
My right hon. Friend the Member for Greenwich and Woolwich made a point about guidance to the regulator. Clause 40, which we agreed this morning, places a duty on the agency to co-operate with the regulator. We expect that to ensure that the two bodies can work together and exchange information where appropriate. A reciprocal arrangement is provided for in clause 102, which places a similar duty on the regulator to co-operate with the agency. I hope that that reassures hon. Members.
Andrew George (St Ives, Liberal Democrat)
In my contribution, I sought clarification on the question of whether guidance could go up from the HCA to the Secretary of State in the manner that I described. That sort of communication is important. The HCA should be free to give such guidance and advice, but that is not made explicit in the Bill.
Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
I apologise to the hon. Gentleman for not addressing that point. Guidance could certainly be given upwards to the Secretary of State, although it would not be binding, as I said to the hon. Member for Montgomeryshire. However, the free exchange of ideas and opinions will certainly be important to the Secretary of State and the agency. I hope that that reassures the hon. Gentleman.