8 January 2008 19:31
THE NATIONAL Housing Federation [NHF] has come out fighting ahead of this week's committee stage of the Housing and Regeneration Bill by dubbing it 'the greatest threat ever to the independence of housing associations'.
A bulletin issued to members today [download PDF here] identifies eight key threats to associations including their ability to raise private finance, create neighbourhood services, and manage their own affairs plus the imposition of additional responsibilities, red tape and costs. The NHF has been lobbying ministers since the second reading of the Bill in late November but, according to chief executive David Orr, it has got nowhere: 'I have had a number of conversations with ministers, and CLG officials, and told them plainly what the threats in the Bill are – but they seem unwilling to alter the damaging clauses.'
The NHF is speaking out now because the committee stage of the bill starts on Thursday. The bill creates the new Homes and Communities Agency (HCA), with a powerful brief to drive through government housebuilding plans, and the Office for Tenants and Social Landlords (OFTSL), with a brief to improve accountability to tenants.
On one level, it's not hard to see why the government is sticking to its guns. Those are both key government objectives - so why shouldn't it legislate to push them through? And why shouldn't organisations that have benefitted from billions of pounds worth of public subsidy through social housing grant and housing benefit be expected to fall in line?
For the NHF though, the bill will give the secretary of state powers to direct OFTSL to set standards for associations. This amounts to 'policy passporting' that would compel 'associations to act as agents of the state'. OFTSL would have the power to regulate non-housing activity, which would stifle innovation. It will be able to intervene when a new standard is not met as opposed to just in cases of mismanagement and misconduct, leaving associations vulnerable to sanctions 'for mere failure to follow central government policy'. All this and they will be expected to pay £20m a year to fund OFTSL at the same time as private developers competing for housing grant pay nothing.
The nub of the issue though is associations' status as private organisations. That is what has underpinned the last 20 years of government housing policy and enabled associations to raise billions of pounds in private finance. The worry is that if they are forced to follow government dictats so closely sooner or later they will be seen as part of the public sector - and unable to raise funds outside of public borrowing constraints.
That ambiguity has always been there. Associations have always been quasi-private for financial purposes and quasi-public for political ones. The Housing Corporation has always had the power to intervene in associations' affairs (just ask anyone involved with Ujima). However, the crucial difference in the bill appears to be that OFTSL will give the government a direct chain of command rather than the last ability to intervene as a last resort.
It's not exactly clear how any reclassification of associations as public bodies could be triggered - though the government statistics service is newly independent - but that would be such a disaster for government housing policy that is is hard not to see a compromise being reached. It is hard too to imagine that a standing committee packed with housing experience - including former housing minsters Nick Raynsford and Sir George Young, who raised many of the same concerns in the second reading debate - will not find a solution that will satisfy everyone.
Posted by Jules Birch, Jan 8
Posted in Housing associations, Politics , Homes and Communities Agency, Office for Tenants and Social Landlords