Section 1 — Homelessness strategies

Housing (Scotland) Bill: Stage 3 – in the Scottish Parliament at 9:37 am on 13 June 2001.

Alert me about debates like this

Photo of Lord David Steel Lord David Steel Presiding Officer, Scottish Parliament 9:37, 13 June 2001

Let us proceed with the first grouping. Amendment 14 is grouped with amendments 17 and 20.

Photo of Jackie Baillie Jackie Baillie Labour

Section 2 imposes a general duty on local authorities to ensure that advice and information about homelessness is available in their areas. The detail of the advice, information and quality standards is to be set out in the supporting guidance. There is no good reason to elevate any element of that by including it in the bill.

We are absolutely clear about the importance of independent advice. We have already given a commitment that guidance will be clear on the need for local authorities to secure a comprehensive package of advice, including access to independent advice. However, that does not preclude local authorities from providing advice and information.

We informed the Social Justice Committee that the homelessness task force would draw up guidance and that the committee would be consulted during that process. In addition, the regulator will be able to monitor observance of that guidance. Therefore, amendments 17 and 20 are unnecessary and we will oppose them.

Amendment 14 is a technical amendment, which reflects a minor drafting error that crept in at stage 2.

I move amendment 14.

Photo of Tommy Sheridan Tommy Sheridan SSP

The minister referred to the need for certain situations to be illustrated in the bill. However, provisions that are included in legislation give not only guidance but instruction. It is important to include in the bill the idea of independent advice, rather than only advice from a local authority, as a local authority may be pursuing a tenant in relation to eviction or another aspect of housing policy. Amendment 17 is simple: it would write into the bill the idea that advice should be independent, rather than being from a potential pursuer, irrespective of whether that is a registered social landlord or a local authority.

Photo of Sandra White Sandra White Scottish National Party

I take on board the minister's comments, which I welcome, as I did at stage 2. However, the bill does not go far enough, as it should include reference to independent advice.

Amendment 14 is a technical, tidying-up amendment and it is obviously acceptable.

I have some worries about Tommy Sheridan's amendment 17, although I know that it was lodged with the best of intentions. The wording of amendment 17 could prevent councils from giving advice, although sometimes they are best placed to do so.

Amendment 20 is necessary. It proposes that homeless people should have access to all agencies that may be able to offer assistance, not just to councils. Independent advice is available from such agencies and it is important that people can access that advice and that they know where those agencies are located. Amendment 20 is not a slight on local authorities—it is about giving homeless people a choice. They should be able to choose, independently, from a citizens advice bureau, Shelter, a lawyer, a local authority or any other agency. The amendment is important and I hope that the minister will accept it.

Photo of Jackie Baillie Jackie Baillie Labour

The Executive's position is clear. Amendments 17 and 20 are unnecessary. We debated this issue at stage 2 and we are clear that all advice, independent or otherwise, is captured by the legislation. The detail of where to find the most useful advice in particular situations is best left to guidance.

Amendment 14 agreed to.

Photo of Margaret Curran Margaret Curran Labour

The bill marks another step in the mainstreaming of equality into the work of the Parliament. We introduced into the bill a general equalities provision—section 94A—which requires local authorities and Scottish ministers to exercise their functions under the bill in a manner that encourages equal opportunities. Since introducing that provision, we have been asked by equalities groups, including the Commission for Racial Equality, the Equal Opportunities Commission and the Equality Network, to detail how that general requirement will be pursued in practice. Amendments 15 and 135 require local authorities to set out how they are complying with the duty under section 94A in their homelessness and local housing strategies.

The equalities groups also asked for the duty under section 94A to be extended to RSLs. Amendment 189 extends that duty to RSLs in their provision of housing accommodation and related services.

I move amendment 15.

Photo of Linda Fabiani Linda Fabiani Scottish National Party 9:45, 13 June 2001

The SNP welcomes a stronger emphasis on equal opportunities. I acknowledge that the Equal Opportunities Committee worked hard to ensure that the bill enshrined the need for equal opportunities.

There is a concern that many people in society pay only lip service to equal opportunities. I ask the minister to make some mention of a method of assurance. How will the provisions be implemented and appropriately monitored?

Photo of Bill Aitken Bill Aitken Conservative

There is an argument that amendment 15 is unnecessary and that there is no requirement for it to be included in the bill. However, the amendment underlines a point and, on that basis, Conservative members find it acceptable and will support it.

Photo of Margaret Curran Margaret Curran Labour

I will respond briefly to those points.

I assure Linda Fabiani that we will make every effort to ensure that the provisions are implemented—I will take a personal interest in that work. The new executive agency will have a specific remit for monitoring and implementation. I guarantee the chamber that our commitment to equal opportunities is absolute.

We recognise that equality of opportunity is about more than just legislation and we will use whatever levers we can to ensure the implementation of equal opportunities in spirit and in fact.

Amendment 15 agreed to.