Chamber and committees

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.

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.

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

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.

If you will let me make some progress, I will bring you in after that.

Convener, I am happy to—

We should make it as straightforward as possible for people to get the help that they need when they are at risk of losing their home. Scotland is known around the world for its progressive housing and homelessness legislation. Our groundbreaking homelessness prevention legislation will strengthen rights further. We do not want people to face barriers to getting the support that they need to prevent their homelessness.

There is a strong case for reforming the intentionality test. As Kevin Stewart said, the Government supported a recommendation in 2018 from HARSAG that the Scottish Government should

“Revise legislative arrangements”,

including on intentionality,

“that can result in difficulties with people being able to access their rights”.

As a result, the Scottish Government formally consulted stakeholders and, in 2019, introduced discretion for local authorities in assessing homelessness applications for intentionality. Our statistics show that few people are found to be intentionally homeless and the figures have remained fairly static—between 1 and 2 per cent—since we made changes to legislation.

In the longer term, our aim is to replace the test for intentionality with a new test that focuses on deliberate manipulation of the system. However, although I support the principle behind Maggie Chapman’s amendment 1052, I cannot support the amendment. I will come on to that in a bit more detail later. The meaning of “deliberate manipulation” is not provided in amendment 1052. That would be left entirely to regulations. However, in subsection (2) of the proposed new section that the amendment would insert, local authorities are authorised to assess whether someone is deliberately manipulating the system. It is not clear what the local authority can do with that assessment without regulations on the meaning of “deliberate manipulation” being in place.

The test for intentionality should not be removed entirely without proper consultation with local authorities. That is even more important at a time when councils are responding to the housing emergency. An informal survey of a small number of councils showed that they had grave concerns about removing the test for intentionality entirely. They were, however, more relaxed about removing the test for intentionality when someone is threatened with homelessness.

I support amendment 1032, in the name of Kevin Stewart, which would remove the test for intentionality only when someone is threatened with homelessness. I also support amendments 1033 to 1035, 1037 to 1039, 1046 and 1048, lodged by Kevin Stewart, which would remove references to intentionality from the Housing (Scotland) Act 1987 in relation to persons who are threatened with homelessness. Maggie Chapman’s amendment 1052 does not do that for persons who are homeless or threatened with homelessness, as the removal of section 26 is not sufficient to achieve it.

Amendment 1052 is not the right approach at stage 2 when we have had only minimal stakeholder input. However, we support the wider principle and are committed to removing intentionality in the longer term in line with the recommendations from HARSAG.

I will come on to that point in a second.

Kevin Stewart was also minded to address the wider removal of intentionality in a further amendment at stage 3. On that basis, I would be happy to work with Maggie Chapman, Kevin Stewart and others to pick up on what we have heard and on how a new test of deliberate manipulation might work in practice, which brings us back to consultation with the Convention of Scottish Local Authorities and the points that Meghan Gallacher and other members raised. That would allow us more time to undertake the necessary stakeholder engagement and the policy and legal analysis.

I support the amendments in Kevin Stewart’s name. I ask Maggie Chapman not to press amendment 1052 but to work with me, Kevin Stewart and others ahead of stage 3 on something that works for councils, addresses unintended consequences and, most importantly, protects the people who are in the most need from being excluded from full homelessness assistance.

We have worked constructively with MSPs. If I thought that there were gaps in the legislation and that the amendments would further the rights of children, I would whole-heartedly support them, but I do not believe that they are necessary. For those reasons, I urge Paul O’Kane and Mark Griffin not to press or move their amendments, and if they do, I ask members not to support them. However, I am willing to engage with Mr Griffin and others on the particular points that have been raised.

As I have said, we think that the statutes are in place in that respect. Having seen the Shelter Scotland report on temporary accommodation, we need to ensure that the duties are enforced. I am happy to come back to the committee on that point and to engage with members on it before stage 3.