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Committee

Local Government and Communities Committee 10 February 2021

10 Feb 2021 · S5 · Local Government and Communities Committee
Item of business
Subordinate Legislation
Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021 (SSI 2021/10)
I thank the committee for the opportunity to outline the work that led to the laying of the order. It is clear from the First Minister’s daily updates that the Covid-19 pandemic is far from over. A variant strain of the virus has recently moved quickly through Scotland and caused a sharp rise in cases, which has considerably increased the threat to public health. Lockdowns in response to the pandemic have had a significant impact on the availability of temporary and settled accommodation. Restrictions on local authorities and registered social landlords have resulted in a slower turnover of void properties and fewer allocations, which are not back to normal levels. With that in mind, I agreed to further extend the temporary coronavirus exemptions in the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014. Members will see from the letter of 22 January from the Convention of Scottish Local Authorities to the committee that the decision was reached with the full support of local authorities, which have worked tirelessly since last March to keep people safe and supported and to provide them with somewhere warm to live in this public health crisis. Since the 2014 order was extended to all homeless households in May, we have worked in partnership with local authorities. Their intelligence, alongside data that has been collated by the Scottish Housing Regulator, has shown that although voids are now being turned over and allocations to homeless households are being prioritised, the impact of the additional pressures on the system continues to be felt. The result is that some councils would not have been in a position to cease using emergency provision in hotels and bed and breakfasts by January. That includes councils that did not use bed and breakfasts before the pandemic. The decision to extend the exceptions until 30 June 2021 was made to take account of the enormous impact that we all face and of the impact that the on-going pandemic is having on the housing system and on councils. The extension will keep people safe from the pandemic and keep people off the streets, so that we know where they are. It will allow wider support to be provided, which includes setting up pathways to settled accommodation. I make it absolutely clear that I am committed to reducing the number of people who stay in all forms of temporary accommodation, which we are doing through rapid rehousing and through improving housing quality. That is why I extended the order’s scope in May 2020 and created legislation to respond to the pandemic. I made it clear that, when it was possible, we would not just return to our previous homelessness system. Guidance on the order was published on 31 January 2021 to help local authorities to set parameters and ensure that the correct structure to aid recovery is in place. Local authorities will build on their rapid rehousing transition plans and exit strategies, which are part of the framework to deliver homelessness services and ensure that no homeless group is disadvantaged as a result. I hope that the committee will recognise the efforts that are being made and will, accordingly, not vote to annul the instrument.

In the same item of business

The Convener SNP
Under agenda item 4, the committee will take evidence from the minister on the order. Andy Wightman has lodged a motion to annul this negative instrument, wh...
Kevin Stewart SNP
I thank the committee for the opportunity to outline the work that led to the laying of the order. It is clear from the First Minister’s daily updates that t...
The Convener SNP
We know that COSLA backs the extension, but what about front-line organisations that work with homeless people? Do they say that people are happy to remain i...
Kevin Stewart SNP
As the committee is well aware, I have regular meetings with front-line organisations, because I want to know exactly what is going on out there. I met a num...
Sarah Boyack Lab
I draw members’ attention to my entry in the register of interests about my former employment with the Scottish Federation of Housing Associations. Minister...
Kevin Stewart SNP
There were a huge number of questions there, but I would expect nothing less from Ms Boyack. I will bring in Marion Gibbs to describe some of the detail of w...
Marion Gibbs (Scottish Government)
Thank you for the opportunity to speak. Our data collection is comprehensive. I am sure that Sarah Boyack has seen the publications, but we can extract and c...
The Convener SNP
I think that you have. Minister, do you want to come back in?
Kevin Stewart SNP
I think that we have covered almost all the bases. If we missed anything, we are happy to come back to the committee on it.
The Convener SNP
Sarah, are you happy with that?
Sarah Boyack Lab
Yes. I also asked about the proposed national temporary accommodation task force, but I will come back to that later if the minister has not said anything ab...
Andy Wightman (Lothian) (Ind) Ind
Good morning, minister. It has been eight or nine months since the original order came into force in May 2020, and we are being invited to extend that again ...
Kevin Stewart SNP
I remind the committee that we brought in the change, early, in May; we were not going to do that until the tail end of this parliamentary session. However, ...
Andy Wightman Ind
I challenge the notion that the people on the front line to whom you have spoken regard that as being of some utility. Shelter Scotland has told us that the ...
Kevin Stewart SNP
My officials talk to Shelter Scotland all the time. We have asked for examples of all such issues because I would follow them up. However, I do not have any ...
Andy Wightman Ind
Finally, I have a quick question about the rights of families and pregnant women to suitable temporary accommodation. Are they being fully met?
Kevin Stewart SNP
I expect local authorities to ensure that pregnant women and families with children are suitably accommodated. That is essential. From what I am seeing, we a...
Marion Gibbs
The unsuitable accommodation order still applies to pregnant women and families with children. We still have the normal rule that has been in place since 201...
The Convener SNP
We now consider motion S5M-23878, in the name of Andy Wightman, which asks the committee to recommend that the Homeless Persons (Unsuitable Accommodation) (S...
Andy Wightman Ind
There have been two extensions to the temporary exemption from the order—first until 30 September 2020 and then until 31 January 2021. The instrument would e...
Sarah Boyack Lab
I agree with Andy Wightman’s comments. People are going through horrendous experiences. We are in a difficult position, but I cannot support Andy’s proposal,...
Keith Brown SNP
I do not agree with Andy Wightman’s position. He does not seem to accept that local authorities have responsibilities in relation to how they manage their pa...
Kevin Stewart SNP
I agree with a great deal of what has been said by Ms Boyack and Mr Brown. Without doubt, as Ms Boyack said, vulnerability has been exacerbated by Covid. We ...
The Convener SNP
I invite Andy Wightman to respond to the debate.
Andy Wightman Ind
Time is pressing, so I will be brief. I accept that local authorities have their view and that the minister has his view. Whether homeless people should have...
The Convener SNP
The question is, that motion S5M-23878, in the name of Andy Wightman, be agreed to. Are we agreed? I can see that we are not agreed, so there will be a div...
The Convener SNP
The result of the division is: For 1, Against 6, Abstentions 0. Motion disagreed to.
The Convener SNP
The committee has agreed not to recommend to Parliament that the instrument be annulled, and has made no recommendation to Parliament in respect of the instr...