Official Report search · Parliament Workbench

Committee

Justice 1 Committee, 17 Dec 2002

17 Dec 2002 · S1 · Justice 1 Committee

Item of business

Title Conditions (Scotland) Bill: Stage 2

The Lord Advocate: Watch on SPTV

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 was raised before the Executive issued its consultation paper in May 2001. That paper made clear that the term "sheltered housing" includes retirement complexes. The Deputy First Minister has made the same point in statements to Parliament. The committee considered the point, and concluded in its stage 1 report that it was not necessary to change the definition.In view of the continuing interest in the matter, it might be worth my taking a moment to examine the definition, which reads:"‘sheltered housing development' means a group of dwelling-houses which, having regard to their design, size and other features, are particularly suitable for occupation by elderly people (or by people who are disabled or infirm or in some other way vulnerable) and which, for the purposes of such occupation, are provided with facilities substantially different from those of ordinary dwelling-houses."That definition concentrates on the characteristics of the housing, rather than on the characteristics of owners. In so far as the definition touches on owners, it refers to them in precise terms—as the elderly and the disabled. Reference to "the retired" is much more ambiguous. What is meant by "the retired"? I presume that they are people who no longer work. Many people might be partially retired or have part-time work. If they are disabled, they might not be capable of full-time employment. What about those who give up work for a period but who subsequently get a job? What about a married couple, only one of whom has stopped working? Retirement housing could not be defined as housing that is suitable for retired people, because that definition does not describe the physical properties of the accommodation. The definition of sheltered housing emphasises special facilities and features.A retirement complex would not fit into that particular definition and it is not entirely clear whether there are additional characteristics of retirement housing that are not included in the definition. If there are no additional features—I submit that there are not—amending the bill will not make any legal difference. Indeed, my worry is that if we were to amend the bill to include "retirement housing", a court would start looking for its own definition and mischief might then occur. Accordingly, I submit that the definition is sufficient.I will make one more point. I understand that elderly people who are in sheltered housing sometimes feel that the term is seen as being in some way demeaning. Examination of that term might provide a way forward. However, as far as the definition is concerned, I would have thought that including in the bill some reference to retirement housing would cause real problems.

Search Hansard contributions

Justice 1 Committee, 17 Dec 2002

In the same item of business