HOUSING (HOMELESS PERSONS) (APPROPRIATE ARRANGEMENTS) (No. 2) ORDER 1978

HL Deb 11 April 1978 vol 390 cc544-7

7.13 p.m.

The MINISTER of STATE, SCOTTISH OFFICE (Lord Kirkhill)

My Lords, I beg to move that the draft Housing (Homeless Persons) (Appropriate Arrangements) (No. 2) Order 1978, which was laid before this House on 8th March, be approved. This draft order is specifically about machinery. It is to establish the arrangements that are necessary to settle matters if a dispute arises between two housing authorities over which of them should accept the responsibility for securing that accommodation is available for certain homeless people. When the Bill was being considered—both in your Lordships' House and in another place—considerable concern was expressed on behalf of authorities about the potential responsibility to secure accommodation for people who had no connection with their area. In response to this concern, what is now Section 5 was introduced into the Act.

The section provides that where:

1. (a) an authority are satisfied that a duty arises under the Act to secure that accommodation is available for a particular homeless household: but
2. (b) they are of the opinion that no member of the household has a local 545 connection with their area, that a member of the household has a local connection with another authority's area and that no member of the household runs the risk of violence in that other area;

they may notify the other authority and the duty to secure accommodation may then transfer to that other authority.

Under the Act, local authorities are to determine questions of responsibility by agreement. Failing that agreement, outstanding questions are to be determined by"appropriate arrangements"prescribed by order made by the Secretary of State. These arrangements are regarded as a useful fall-back by Parliament, but I would hope that their use would be the exception rather than the rule. Local authorities should strive to settle by agreement, whenever possible.

The Act came into force in Scotland on 1st April 1978 and this order establishes the arrangements for cases where both the authorities in dispute are Scottish and also for cross-Border cases—that is, cases in which one of the authorities is English or Welsh and the other is Scottish. The Housing (Homeless Persons) (Appropriate Arrangements) Order which was made on 20th January 1978 and which is on similar lines to this order established the arrangements in respect of cases where both authorities were English or Welsh. The Act came into force South of the Border on 1st December 1977.

What the draft order does is to require the appointment of a "referee" to determine any issue under Section 5. It is open to the authorities to agree a suitable person but if they cannot they would report this to the chairman or president of the appropriate association. This means in effect that where one of the authorities in dispute is Scottish that authority would report the failure to agree a referee to the President of the Convention of Scottish Local Authorities. The President would then appoint a referee who would be drawn from a panel appointed by the associations.

Where the authorities are both members of the same association, as will be inevitable in all but cross-Border cases, then the President of the Convention of Scottish Local Authorities will make the appointment. If, however, they are mem bers of different associations, as will certainly happen in cross-Border cases, then it will be for the chairman of the appropriate English association and the President of the Convention of Scottish Local Authorities to agree who should be the referee.

In the unlikely event that they cannot agree, each will nominate a candidate and the selection will be settled by lot. This is unusual, but I think it unlikely that the need to resort to lot will arise. I have no doubt that the associations' chairmen will be able to agree a referee, but it is necessary to make some provision to cover a possible disagreement of this kind. The referee's decision, whether he is appointed by the authorities, by agreement or by the chairmen, is to be binding on both authorities. The procedure has been kept flexible and the referee will himself determine how he is to proceed. The order, however, contains provision to enable the referee to receive representations from any person he thinks can help him and to require him to take account of the representations of the authorities concerned and invite the household concerned to submit information.

The draft therefore takes account of the concern expressed by local authorities and embodies arrangements which have been developed by the associations themselves and which envisage that disputes will be settled as quickly as possible and avoid protracted discussion. The Act provides that a homeless household are to he secured accommodation while the issues are being settled.

I hope that the machinery which the order contains will require to be used only rarely, but it is clearly necessary as a final resort for resolving disputes which could have further distressing effects for people who have suffered the personal disaster of becoming homeless. My Lords, I therefore commend the No. 2 Order to your Lordships.

Moved, That the draft Housing (Homeless Persons) (Appropriate Arrangements) (No. 2) Order 1978, laid before the House on 8th March, be approved.—(Lord Kirkhill.)

Lord SANDYS

My Lords, your Lordships will be grateful to the noble Lord, Lord Kirkhill, for explaining this order in considerable detail. It is a fact that this order arises from the Bill which, during its passage through your Lordships' House, underwent a particular Amendment. We are glad that the Government have implemented this machinery and I am grateful to the noble Lord, Lord Kirkhill, for explaining to your Lordships that the system of arbitration will be binding on both authorities; that is, the notifying and the notified authority. As the noble Lord so rightly said, in the vast majority of cases agreement should be reached on a situation where no arbitration may be necessary, but in rare exceptional cases this system appears to us on this side of the House to be a reasonable one. It very much hangs upon the successful appointment of the panel of persons who are to act as arbitrators. We can safely rely on the local authorities concerned to appoint suitable persons and we wish this method every success.

On Question, Motion agreed to.

Lord STRABOLGI

My Lords, I beg to move that the House do now adjourn during pleasure until 8.15 p.m.

Moved accordingly, and, on Question, Motion agreed to.

[Sitting suspended from 7.22 p.m. until 8.15 p.m.]