Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 17 September 2025
Select which types of business to include


Select level of detail in results

Displaying 1258 contributions

|

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

I am happy to engage with Mr Balfour—that is all that I was going to add.

Amendment 1015A, by agreement, withdrawn.

Amendment 1015, by agreement, withdrawn.

Amendment 1034 moved—[Kevin Stewart].

11:15  

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

No. To come back to some of the points that we talked about in the consultation, it needs to be discussed further and I am happy to discuss that with Mr Griffin and Mr Simpson. The point that Mark Griffin made about the wraparound care is an important part of that.

I turn to amendment 1014, in the name of Alexander Stewart. I recognise the unique challenges that Gypsy and Traveller communities face. However, a duty to develop a separate strategy, as proposed in the amendment, risks us taking a piecemeal approach. The needs of different groups should be addressed through a better understanding in mainstream services. That is best done by updating the code of guidance on homelessness, informed by the lived experience of those groups and the stakeholders who work with them. Updates to existing guidance will be undertaken following the passage of the bill, and we will engage with Gypsy and Traveller communities to ensure that their needs are reflected. To come back to the point that Mr Simpson made, the updated code of guidance on homelessness is important.

The same argument applies to the proposal in amendment 1070, in the name of Ms Chapman. Those matters are better addressed in guidance to avoid a piecemeal approach to homelessness prevention.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

I oppose amendment 1077. Ms Boyack and I engaged on the matter last night. At that time, we had not heard from the City of Edinburgh Council on the particular point, and we agreed that we would try to get more detail on it.

I will touch on the essence of my opposition and how I would advise members to vote on the amendment. Local authorities already have a record of those who make an application to be assessed as homeless or who are threatened with homelessness. That information is required to enable a local authority to comply with its statutory functions under the Housing (Scotland) Act 1987.

It is unclear what the purpose would be of a separate register maintained by the Scottish Government. The information would need to be collected for a specific purpose and used only for that purpose, in order to comply with the United Kingdom’s general data protection regulation. In the amendment, there is no stated purpose for the register and no powers to use the information contained in the register in any specific way. The register could not be a public one because it would contain sensitive personal information. It is therefore not clear why a register would be necessary.

For those reasons, I encourage members of the committee to oppose the amendment, which would serve no benefit to those who are homeless and could conflict with the Scottish ministers’ duties under data protection legislation. I ask Sarah Boyack not to press the amendment. As I said in our engagement last night, I will discuss the matter further with her.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

I am sorry, convener, but I have not finished my speech.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

I will. There is also a further statute that I will mention.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

It is too early to say, at this stage, before we have the discussions. A key point is that, as I have laid out, statutes are already in place. Obviously, though, there are still issues with temporary accommodation, so we need to look at what we need to do to enforce the current legislation. I am happy to engage with Mr Griffin and others on that point. I am not going to say what will happen in relation to amendments between now and stage 3, before we have that discussion, but I am willing to have that engagement with Mr Griffin and others.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

Turning first to Alexander Stewart’s amendments 1008 and 1009, I would not want to support amendments that would narrow the definition of homelessness. I am concerned that amendments 1008 and 1009 would prevent people in temporary accommodation from being classed as homeless. That would only remove the duty on local authorities to find permanent accommodation for those people under section 31 of the Housing (Scotland) Act 1987. I could not support the removal of homelessness rights for those people.

I recognise the desire for there to be more clarity on the definitions of homelessness and of being threatened with homelessness. That is why, having consulted stakeholders such as Crisis, I have lodged amendment 1047 to enable the definitions of homelessness and of being threatened with homelessness to be modified by regulations, which will give us the flexibility to respond to issues or potential barriers as they arise.

Nevertheless, I am keen that we do not lose the broad definitions that already exist in primary legislation.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

There are two key points to consider in that regard, one of which goes back to the point that Mr Griffin made. I want to make it clear that we have no intention of using the powers to narrow the scope of the definition. A duty is built in for ministers to consult on proportionate modifications, and I hope that that provides reassurance.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

I am happy to engage with Mr Balfour on that particular point.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul McLennan

I recognise why a number of the amendments in the group reference specific groups that are at risk of homelessness, but I do not believe that the bill is the best place to achieve what members want to achieve. The bill is about establishing new homelessness prevention duties in legislation. The homelessness system in Scotland is based, first and foremost, on whether somebody is homeless or threatened with homelessness, not on their circumstances. In other words, someone does not have to be in a priority category to get an offer of settled housing. Our legislation, which is the envy of the world, also recognises the need to address the specific needs of particular groups in regulations and guidance.

I turn to the amendments. Mr Balfour’s amendment 1015 is unnecessary because the public sector equality duty already achieves that aim, and Mr Griffin’s amendment 1015A, in so far as it refers to protected characteristics under the Equality Act 2010, is unnecessary for the same reason. In relation to the requirement to consider the needs of those who are relocated for employment and those in need of additional adaptations, such matters can be addressed in guidance under section 37 of the Housing (Scotland) Act 1987.