Briefing for the parliamentary debate at Stage 3 of the Bankruptcy & Diligence etc. (Scotland) Bill

By: Shelter Scotland  Published: November 2006


Shelter is concerned about the potential for increased homelessness as a result of the new diligence to create a land attachment in the bill.

Summary

  • Preventing and tackling homelessness is a priority for the Scottish Executive, and the Parliament has won an international human rights award for its homelessness legislation. This Bill undermines these aims, by creating the potential for an increase in homelessness.

  • Many of the causes of homelessness are hard to address through public policy . Where we have the clear and straightforward opportunity in public policy to prevent the possibility of homelessness, we have the responsibility to ensure that we do so. Exempting a principle home from the land attachment diligence is just such an opportunity.

  • A large number of Shelter supporters emailed MSPs on the Committee during the passage of this Bill to express their concerns and a number of protections have been introduced to the sale stage of the diligence. Nevertheless, we are disappointed that the main dwelling house has not been excluded. These amendments seek to add further protections from the misuse of the land attachment diligence.