Housing and Regeneration Bill

moved Amendment No. 92: 92: After Clause 82, insert the following new Clause— ““Provision of social housing to be a function of a public nature Provision of social housing under this Part shall be deemed to be a function of a public nature for the purposes of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities).”” The noble Earl said: My Lords, in moving this amendment, I hope that I am a quarter as successful as the noble Lord, Lord Graham of Edmonton. This is our old friend YL again; in other words, should a housing authority be regarded as a public authority for the purposes of the Human Rights Act? In Grand Committee, the Minister said that housing associations are not and should not be regarded as such, except where ASBOs are to be given. However, it is interesting that Mr Straw said exactly the opposite in March 2000, before the concept of ASBOs was even thought of. Furthermore, in the Weaver case, the administrative court found that housing associations should be regarded as public bodies under the Human Rights Act. I think that all I have to do is to make those three statements and point out with crystal clarity that there is one hell of a muddle on this. Please can the Minister sort it out? I beg to move.