Local Government and Communities Committee

Meeting date: Wednesday, September 20, 2017

Official Report 542KB pdf

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Subordinate Legislation

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Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2017 (SSI 2017/273)

Agenda item 2 is consideration of Scottish statutory instrument 2017/273. It is laid under the negative procedure, which means that its provisions will come into force unless the Parliament votes on a motion to annul the instrument. The Delegated Powers and Law Reform Committee considered the instrument on 12 September 2017 and determined that it did not need to draw it to the attention of the Parliament on any grounds within its remit. No motion to annul the instrument has been lodged. I invite members’ comments on the instrument.

I know that it is a negative instrument, but it is a positive step forward.

In the second paragraph of section 2 of the policy objectives, we are told that the instrument will

“reduce the time to a maximum of 7 days, unless there are exceptional circumstances.”

I wonder what those exceptional circumstances might be—I cannot see any examples. Sometimes, the phrase “exceptional circumstances” can be used to nullify an instrument such as this one, and I have concerns that a coach and horses could be driven through the instrument if there are no parameters to that.

Thank you for putting that on the record.

I share those concerns. My worry is that the exceptional circumstance might be that there is nowhere else to move the family to. Given that the committee is looking into homelessness, we might want to consider the issue as part of our inquiry. In his statement to Parliament yesterday, the minister mentioned reducing the limit on the use of inadequate temporary accommodation from 14 days to seven days, but no one should be in unsuitable accommodation for any length of time. If a family is in unsuitable accommodation that is not wind and water tight, that is not suitable for occupation by children or in which there are no cooking facilities—those issues are mentioned in the policy note—seven days is seven days too many.

As no other members want to comment at this stage, the committee must decide what to do with the instrument. We can write to the Scottish Government to raise those points. Do we agree that we do not wish to make any recommendation in relation to the instrument, with the caveat that we will write to the minister about the themes that members have outlined? The clerks are indicating that that is the competent way in which to deal with the instrument. Do members agree to take that approach?

Members indicated agreement.

We now move into private session to consider evidence.

11:26 Meeting continued in private.  

11:50 Meeting continued in public.