My Lords, I thank the Minister for introducing the government amendment. Any move towards increasing tenancy neutrality in the Bill is to be welcomed. I will raise one issue with the Minister, which arises from the letter that he sent to us setting out the reasons for the changes that were being made. The paragraph in question states:
“However, as the IPNA can do everything a tenancy injunction can do, we are satisfied that there is no compelling case for retaining this bespoke provision for those living in social housing”.
Earlier in the letter, the Minister had said:
“The provisions in respect of the IPNA are tenancy neutral”—
I am not sure whether that is regarded as different from tenure-neutral—
“save for the provisions in clause 13”.
From that, one would assume that if Clause 13 is disappearing from the scene, then the provisions in respect of the IPNA are indeed neutral. With the comment in the letter that,
“the IPNA can do everything a tenancy injunction can do”,
that was why the Government felt that they could withdraw Clause 13. Of course, not only does Clause 13 cover what is said in Clause 12(1), that an injunction,
“may have the effect of excluding the respondent from the place where he or she normally lives”,
it also states:
“The court may include in the tenancy injunction a provision prohibiting the person against whom it is granted from entering or being in … any premises specified in the injunction (including the premises where the person normally lives)”,
and,
“any area specified in the injunction”.
In the light of the statement in the letter that the IPNA can do everything a tenancy injunction can do, are we to assume that that part of Clause 13(3) would or could apply to any tenure and not simply to those tenures previously covered by the tenancy injunction? As I understand it, the Government appear to have moved on that point and the provisions in respect of the IPNA are now neutral. Bearing in mind what Clause 13(3) said, which went beyond merely,
“excluding the respondent from the place where he or she normally lives”,
which covered,
“any premises specified in the injunction”,
and,
“any area specified in the injunction”,
is that something that is still to be reserved for social housing tenants or is it something that, if it was deemed necessary or desirable, could now be applied to anybody in any form of tenure?