Social Justice Committee, 13 Mar 2002

Meeting date: Wednesday, March 13, 2002

Official Report 103KB pdf

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Housing (Scotland) Act 2001 (Draft Guidance and Orders)

Item 6 is consideration of the draft guidance and orders on the Scottish secure tenancy and the right to buy. I remind members that the draft guidance and orders have been circulated, along with a briefing note from the clerks. Responses are due by 15 March. Members should also have received responses from Shelter Scotland and the Convention of Scottish Local Authorities. Are there specific issues that members would like to raise in the committee's response? We are able to submit comments up until 15 March. The proposal is that we pool what is said at this meeting and any other comments. I will respond on behalf of the committee.

I do not have the response from Shelter Scotland. Is there a spare copy?

Do members have any other comments?

COSLA flagged up concerns about the link between secure tenancies and anti-social behaviour. During consideration of the Housing (Scotland) Bill, the Social Justice Committee was concerned about that issue. We had received representations about it in our constituencies and were aware that it was an issue. In the light of COSLA's concerns, perhaps we should flag the matter up to the Executive.

That seems to be a sensible suggestion. Are there any other points?

The secure tenancy and the right to buy certainly exercised the committee when the Housing (Scotland) Bill was being considered. COSLA and, to an extent, Shelter Scotland recognise the shift and the changes that the Executive made on modernising the right to buy. That shows that there is good practice. I do not want to sound like a mouthpiece for the Executive, but we are not left with much to say, because there has been consultation on how the Housing (Scotland) Act 2001 should be implemented. The people that we have consulted recognise that they have had the opportunity to be involved in shaping the guidance. The committee hoped that the act would result in such a situation.

COSLA is concerned about the need to notify qualifying occupiers when local authorities wish to take action to repossess a tenancy. Although I should perhaps keep the issue for a more appropriate time, my concerns lie in the opposite direction: if any actions are proposed, it is important that people who qualify and who have a right to stay in their home are notified of those actions. Apart from that, the practice of consulting everybody has been followed, so we have guidance that we can all sign up to.

It is not surprising that we do not have many comments, given the quality and level of discussion prior to the enactment of the legislation. I will respond to the Executive on behalf of the committee, subject to further responses from members. The clerk will circulate my response, so that if it does not reflect members' views, that can be addressed.

I do not think that that will be the case.

Some members of the committee are not present. They should not be able to alter the response substantively. If they had points to make, they should have been at this morning's meeting.

Members have until 15 March to comment.

Is the proposed course of action agreed?

Members indicated agreement.