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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 26 April 2025
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Displaying 986 contributions

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Equalities, Human Rights and Civil Justice Committee [Draft] [Draft]

Scottish Human Rights Commission

Meeting date: 1 April 2025

Paul O'Kane

That was useful. We look forward to hearing the outcome of your discussions with COSLA—that will be helpful to the committee.

I will broaden my questions. The report looked at the challenge of people continuing to be admitted to institutions on the basis of their learning disability. How we define “learning disability” remains a significant challenge more broadly. For example, the Scottish mental health law review has been considering the definition of learning disability as a mental health issue for some time, and we are expecting legislation on a range of those issues. Admitting someone to an institutional setting due to their learning disability is a contravention of the European convention on human rights, so I am keen to understand what particular concerns you have identified around that in the report.

Equalities, Human Rights and Civil Justice Committee [Draft] [Draft]

Scottish Human Rights Commission

Meeting date: 1 April 2025

Paul O'Kane

Thank you, Cathy—that was a helpful and comprehensive overview. What I would take from those final comments—I might ask Jan Savage for her reflection on this—is that the work to bring people out of long-stay institutions has been on-going for decades. It feels as though we are no closer to having people not live in the state hospital, for example, than we were all those decades ago.

Jan, are there immediate actions that could be taken to stop that inappropriate placement of people? The recommendations are there, but how do we get that sense of pace that Cathy Asante referred to?

Equalities, Human Rights and Civil Justice Committee [Draft] [Draft]

Scottish Human Rights Commission

Meeting date: 1 April 2025

Paul O'Kane

What engagement have you had with local authorities on that work? We know that local authorities face a significant challenge in delivering on a range of issues, such as housing, supporting people through their local health and social care partnership, and non-residential care charges, which are still seen as a significant breach of human rights for many people with a learning disability. Have you engaged broadly with local authorities on that?

Equalities, Human Rights and Civil Justice Committee [Draft] [Draft]

Scottish Human Rights Commission

Meeting date: 1 April 2025

Paul O'Kane

Colleagues will have other areas of recommendations to cover, and I do not want to intrude on anyone’s area of interest, so I will hand back to the convener.

Equalities, Human Rights and Civil Justice Committee [Draft] [Draft]

Scottish Human Rights Commission

Meeting date: 1 April 2025

Paul O'Kane

I will follow-up on Tess White’s question and ask about the pattern of challenges that exist for people who have a learning disability and the commitments that have been made to them on their human rights. We discussed the £20 million and the lack of accountability on that. We know that £2 million was allocated for health checks for those with learning disabilities and that a pledge was made that every person with a learning disability would have one. We know that that target is not being met, and analysis by the Fraser of Allander Institute shows that, in some health board areas, no health checks have been offered.

We hear consistently from people who have a learning disability that they feel forgotten and that their human rights are forgotten. Do you think that there is a pattern here in what the Government is doing? What can be done to interrogate that?

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul O'Kane

Amendment 1078 seeks to place a duty on the Scottish ministers to prioritise, in the social housing stock, housing that would meet the needs of families with many children. Everyone is aware of the very high number of children who are stuck in temporary accommodation in Scotland. That issue has been well debated and rehearsed in the chamber and elsewhere. We know that, beyond that number, many more face the threat of homelessness.

Larger families are disproportionately affected by the risk of the rising cost of rents, mortgages and other bills. As such, they are often forced into inadequate and cramped housing—an inappropriate environment for children to grow up and develop in.

Given Scotland’s incorporation of the United Nations Convention on the Rights of the Child, article 27 of which notes that young people should be able to live in a way that helps them to reach their full physical, mental, spiritual, moral and social potential, it is imperative that we take action through the bill.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul O'Kane

I am very grateful to Mr Balfour for his intervention. We should set out in law our expectations about Government and local authority processes that will inform strategic housing investment plans and various council mechanisms to develop houses of the right size and scale. That will have an impact on what I am trying to do to help larger families who face challenges. As well as a legislative requirement, there would be a requirement for guidance and interaction with local authorities and housing associations that deliver housing on the ground.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul O'Kane

I certainly recognise what Mr Doris said about local authorities having wider duties to consider the size and scale of housing development and people’s needs, but giving the duty a legislative footing is important because it would put it clearly at the front of people’s minds when considerations were made.

As Mr Doris alluded to, there are a lot of competing demands. In particular, there is a need for smaller-sized housing for older people and for adapted housing of various sizes. However, the significant crisis in relation to housing for larger families and the UNCRC duties mean that it is important that we put the duty in the bill itself, to ensure that councils and other developers are thinking about that need very clearly and so that there is a legal mechanism to enable them to fulfil the duty. Overcrowded housing does not live up to the rights in the UNCRC that we have committed to, and there is an opportunity to address failures through the bill.

09:15  

As I said, the purpose of the amendment is to ensure from the beginning, when new social housing stock is being developed, that there are homes of a suitable size and that those who need access to social housing are not forced into the sort of cramped and unsuitable accommodation that I referred to.

I am pleased that the amendment has the support of organisations such as Aberlour, which has worked to develop the thinking and the debate around the issue. It does vital work in supporting at-risk and in-need families, and it has furnished all members with much of the difficult to hear testimony of families who are unable to access appropriately sized homes.

I am keen to listen carefully to the minister about the actions and methods that exist to address the wider problem. It is important to put that on the agenda. I go back to Mr Doris’s point that we can have a broader conversation about housing need, but it is important that we look to address these issues through the bill. There might be an opportunity, at this stage or at a future stage, to do that in a clear and precise way.

On the other amendments in the group, I welcome the proposal from my colleague Mark Griffin, which also seeks to ensure that children’s interests and rights are fully addressed through the bill. I do not think that the bill can be allowed to pass without making at least some progress on the pathway to tackling what I am sure that we all agree are the scandalous conditions that many children in Scotland find themselves living in.

I move amendment 1078.

Social Justice and Social Security Committee [Draft]

Housing (Scotland) Bill: Stage 2

Meeting date: 20 March 2025

Paul O'Kane

I think that this has been a helpful first discussion of the issues. A number of members have referred to the wider debates that we had yesterday in the chamber and earlier on support for children in temporary accommodation. The issues are certainly well known—Shelter’s report, for example, has been very helpful in crystallising many of them—and we will continue to have those debates and discussions. That will be important.

The idea behind my amendment and Mr Griffin’s amendments is to put the issue on the agenda and ensure that we have a debate on it in advance of stage 3. I note the minister’s offer to meet and discuss the issues, to think about the mechanisms for complying with the UNCRC and to ensure that councils and housing associations can be better supported to deliver the right mix of homes. On that basis, I am happy to withdraw amendment 1078 at this stage, prior to further discussions with the minister, but I reserve the right to bring it back at stage 3 if required.

Amendment 1078, by agreement, withdrawn.

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 18 March 2025

Paul O'Kane

Good morning. Throughout our evidence sessions, I have asked about inclusive communication. The Scottish Government has revised its approach such that, instead of having a specific duty on inclusive communication, it will use a ministerial power to draw attention to guidance and materials on inclusive communication. It would be useful to understand why that change was made to the initial proposal on inclusive communication. What do you think that the new proposal will achieve?