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)
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 extend exemption further, until 30 June 2021. There has been enough time to put arrangements in place to ensure that use of unsuitable temporary accommodation is no longer a lawful response to homelessness during the pandemic. The minister said that some homeless people prefer to stay in B and Bs or hotels because mainstream housing is not ready. That is no reason to deny them the legal right not to be housed in unsuitable temporary accommodation, neither is it a reason for homeless people to pay the price for the Government’s failure to ensure that homeless people have a legal right to suitable temporary accommodation. On 23 September 2020, the minister told the committee that he had asked local authorities and registered social landlords to ensure that 80 per cent to 90 per cent of housing allocations would be made to homeless people. According to the most recent statistics from the Scottish Housing Regulator, an average of only 39 per cent of allocations have been made to homeless households. The promise that was made in May 2020 should be honoured, and there should be a pledge that the unsuitable accommodation order will be fully enforced by the end of this parliamentary session at the latest. I move, That the Local Government and Communities Committee recommends that the Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021 (SSI 2021/10) be annulled.
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...