Holyrood committee: Lack of detail and narrow criteria hamper proposed mental health debt relief

A Scottish Parliament committee has expressed its concern with proposals to support people experiencing mental health issues and struggling with debt.

The Bankruptcy and Diligence (Scotland) Bill proposes introducing a “mental health moratorium” – meaning people suffering from poor mental health would be protected from some debt recovery action while their health improved.

However, the Bill proposes that only those subject to compulsory mental health treatment would be protected.

The Parliament’s Economy and Fair Work Committee has called on the Government to extend the criteria to include more people experiencing a mental health crisis, so vulnerable people are not left behind by the new scheme.

Economy and Fair Work Committee Convener Claire Baker said: “The Committee is broadly supportive of this Bill and its aims. The idea of a mental health moratorium will be very helpful to those who need it.

“However, we are concerned that the proposed narrow criteria will mean this Bill does not help enough people, and the Bill should be looked at again with this in mind.

“We are calling on the Scottish Government to extend the criteria to allow more people experiencing a mental health crisis to lean on this support.

“Experts suggested various alternative approaches, and we hope the Government will listen to their views.

“We also believe that this is an opportunity to increase the amount protected for debtors during an earnings arrestment, and further protect vulnerable people from destitution.”

The Committee also criticised the lack of detail around the proposals made available while it was taking evidence.

Crucial information concerning how the moratorium would work was not made available when the Bill was introduced, and more detail won’t be available until the Government sets it out in regulations.

The Committee heard from Minister for Community Wealth and Public Finance Tom Arthur that the Government would “endeavour” to produce draft regulations ahead of stage 3. 

Ms Baker added: ”The Committee looks forward to working with the Government further on these proposals. The Government has indicated they will bring forward draft regulations, and the Committee will look carefully at these.

“It is vital that the Committee has a chance to scrutinise these regulations before the Bill is passed, so that the detail of these proposals can be fully examined.”

Have your say on new Scottish bankruptcy laws

Thousands of people each year experience severe financial difficulties. If you have ever been in that situation, a Scottish Parliament committee wants to hear from you to find out how the process could be improved. 

The Bankruptcy and Diligence Bill will, among other provisions, create a “mental health moratorium”, meaning enforcement action against someone with serious mental health problems can be stopped.

The Bill will also make changes to the process for recovering money for creditors, including a requirement for creditors to provide a debtor with information about debt advice before enforcement.

Now the Economy and Fair Work Committee wants to hear your views on this Bill – especially if you have lived experience of the issues it covers.

Committee Convener Claire Baker MSP said: “The stress and worry of severe financial difficulties is something that all too many people are facing. The Bill aims to make changes to the bankruptcy process, but we want to know what impact these changes will have on those people affected.

“By sharing their insights, people from across Scotland can help shape a fairer and more compassionate system that addresses the challenges faced by individuals in financial distress.

“We particularly want to hear from people who have been in this situation and experienced significant mental health challenges on the difference the proposed moratorium would have made.”

The call for views will be open until Friday 21 July. People can submit their views on the Scottish Parliament’s website