The Reform of Social Housing (P.33/2013): amendment (P.33/2013 Amd.) – comments.

STATES OF JERSEY

THE REFORM OF SOCIAL HOUSING (P.33/2013): AMENDMENT

(P.33/2013 Amd.) – COMMENTS

Presented to the States on 13th May 2013 by the Council of Ministers

STATES GREFFE

2013   Price code: A  P.33 Amd.Com.

COMMENTS Amendment 1

This amendment is accepted by the Council of Ministers.

In particular, it is appreciated that "Housing our Community", as one of our Strategic Priorities, is of the utmost importance, and that the retention of a dedicated Minister in the form of the Minister for Housing having responsibility for the Strategic Housing Unit, is consistent with this prioritisation.

At the same time, it remains the case that wherever responsibility for housing policy is assigned, it is a portfolio that is cross-cutting in nature.

In particular, many of the statutory instruments for its delivery are vested in other Ministers, including the Minister for Health and Social Services, the Minister for Social  Security,  the  Minister  for  Treasury  and  Resources,  and  in  particular,  the Minister for Planning and Environment.

It was in recognising the corporate nature of the portfolio that it was proposed in P.33/2013 that responsibility be vested in the Chief Minister, as the Chair of the Council  of  Ministers, and having responsibility  for  the  co-ordination  of  common functions, with those responsibilities in relation to housing delegated to an Assistant Chief Minister. This would vest in the position the authority of the Chief Minister.

Indeed, rather than crowding out housing policy, this would compliment and reinforce housing as a priority, placing it alongside migration policies, the administration of housing controls, the newly formed social policy and safeguarding groups, and the Economics  and  Statistics  Units.  This  seems  a  sensible  conglomeration  of responsibilities.

At  the same time, the Minister for Housing  can  work  in concert  with the Chief Minister and the Assistant Chief Minister, and be supported by their Officers, such that the synergies mentioned can be realised, while also having responsibility vested in a dedicated Minister who can champion housing.

Indeed, this issue illustrates the importance of enhancing our system of government, as recently  highlighted  by  the  Chief  Minister  and  the  Privileges  and  Procedures Committee, to secure this necessary co-ordination through successive Councils of Ministers.

Amendment 2

This element of the amendment outlines, in particular, that "a clear and convincing argument for the establishment of a regulator is lacking".

However, it is difficult to conceive of a proposal whereby the provision of social housing, involving a  very significant portfolio of assets, is placed at arms-length without an accompanying regulatory regime, which necessarily involves a regulator of some kind. Otherwise, the Assembly retains no substantive powers over the provision of  social  housing in Jersey, with reference  to  the efficiency  and  effectiveness  of provision,  notwithstanding  current  levels  of  operational  performance,  or  with

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reference as to whether its objectives are being pursued, for example, in relation to rent policies, performance standards, and levels of tenant engagement.

Any debate then is about the nature of regulation, for example, the powers vested in the  Law,  and  the  form  of  enforcement,  for  example,  whether  a  regulator  is independent, or "in-house".

While the report and proposition does expand on these matters, in paragraphs 4.1 – 4.18 of P.33/2013, it is appreciated that the Panel would like a separate debate on detailed  proposals,  including  a  presentation  of  the  various  alternatives,  prior  to considering enabling legislation. As such, this amendment is accepted by the Council of Ministers.

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