Committee
Justice 1 Committee, 17 Dec 2002
17 Dec 2002 · S1 · Justice 1 Committee
Item of business
Title Conditions (Scotland) Bill: Stage 2
The principal reason behind amendment 7 is similar to the concerns that Ken Macintosh expressed about the bill's definition of sheltered housing. The Lord Advocate will be aware that, in the evidence that the committee received at stage 1, concern was expressed about the fact that the bill uses the word "sheltered" but makes no reference to other types of retirement accommodation. There is concern that unscrupulous managers might use that as a loophole. If we include a provision that relates to retirement accommodation, we will be sure that a loophole does not exist and that unscrupulous providers or management companies will not be able to get out of some of the bill's conditions.Amendment 12 is the result of concerns that were expressed during stage 1 about the bill's use of the word "manager". It is commonly thought that the word "manager" means management company or association, but the term might be misinterpreted. The word "manager" could be viewed as applying also to the caretaker or the warden, who very often do not have managerial roles. The purpose behind the amendment is to ensure clarification of that and to ensure that when we refer to a manager we mean management companies or associations. Amendment 12 and amendment 7 are intended to provide in the bill clarification on matters of concern that were highlighted during stage 1.Sylvia Jackson's amendment 228 would extend my definition by using the words"and includes retirement housing and retirement accommodation".I am sympathetic to the amendment and would like to hear whether the minister would support extending the definition further by including the words "and retirement accommodation".
In the same item of business
The Convener:
SNP
Item 3 is the continuation of our stage 2 consideration of the Title Conditions (Scotland) Bill. I welcome to the committee Colin Boyd QC, who is here in pla...
Section 50—Sheltered housing
The Convener:
SNP
Although the first group of amendments appears to be tricky, it is not the tricky part of proceedings to which I referred—there are trickier things ahead. Am...
Mr Kenneth Macintosh (Eastwood) (Lab):
Lab
I hope that I am successful in juggling the paperwork. I thank the convener and the committee for their patience in allowing me to move my amendments this we...
The Convener:
SNP
Have you moved amendment 227?
Mr Macintosh:
Lab
Do you want me to move it now?
The Convener:
SNP
You are required to move it.
Mr Macintosh:
Lab
Will we then debate it?
The Convener:
SNP
After we have heard the minister's reply, you may, if you wish, seek the committee's leave to withdraw the amendment.
Mr Macintosh:
Lab
In that case, I move amendment 227.
Michael Matheson:
SNP
The principal reason behind amendment 7 is similar to the concerns that Ken Macintosh expressed about the bill's definition of sheltered housing. The Lord Ad...
Brian Adam (North-East Scotland) (SNP):
SNP
As Kenneth Macintosh said at the beginning, the amendments in the group—except obviously the Executive ones—are the result of extensive discussions with thos...
The Convener:
SNP
Heaven forfend, Mr Adam.
Brian Adam:
SNP
The potential would exist even for unclever lawyers or developers to remove a warden service as a burden if they did not see the service as being in their in...
Mr Macintosh:
Lab
I would like to move amendment 118, to which I did not speak earlier.
The Convener:
SNP
That should be amendment 228 and you do not move it now.
Mr Macintosh:
Lab
I do not think that I have spoken to amendment 228 or to amendment 118.
The Convener:
SNP
What normally happens is that when I call an amendment, you would speak to it and to the other amendments in the group. However, you may speak to amendment 2...
Mr Macintosh:
Lab
Amendment 228 is in the name of Sylvia Jackson. I apologise that she is unable to be here. The amendment is in the same spirit as Michael Matheson's amendmen...
The Convener:
SNP
However, as you say, those who are 60 or near 60, can be chipper. They were the Elvis Presley people, you know. The Lord Advocate is far too young to be an E...
The Lord Advocate (Colin Boyd):
Amendment 115 is a technical amendment that will ensure that the new rights that are created by the bill will not include a right of pre-emption. Such a righ...
The Convener:
SNP
Amendment 228 has not yet been moved, as it relates to another section. It may be moved later.
The Lord Advocate:
There has been anxiety about the definition of sheltered housing and a worry that the definition might exclude what is termed "retirement housing". The issue...
The Convener:
SNP
What do mean when you talk about redefining? Are you talking about changing at stage 3 the definition of sheltered housing?
The Lord Advocate:
I would be open to discussing that with Ken Macintosh. I have difficulties with including retirement housing in the definition, but we might be able to discu...
The Convener:
SNP
Other committee members are concerned about the definition. I open the discussion to committee members, who might wish to make comments in the light of what ...
Donald Gorrie:
LD
I think that I understand what the Lord Advocate said about the difficulty with the definition. I wish to mention another difficulty with the definition in s...
Michael Matheson:
SNP
I return to what the Lord Advocate said about the possibility of revisiting the use of the phrase "sheltered housing". If we consider rephrasing the bill and...
The Convener:
SNP
Do you wish to address those questions now, Lord Advocate, or do you want to hear other points?
The Lord Advocate:
As this is my first time dealing with amendments at stage 2, I am in the convener's hands.