Committee
Infrastructure and Capital Investment Committee 28 May 2014
28 May 2014 · S4 · Infrastructure and Capital Investment Committee
Item of business
Housing (Scotland) Bill: Stage 2
I welcome the opportunity to speak to amendment 7, which is one of a number of amendments that I have lodged that arise from extensive discussion between myself and elected representatives and officials of the City of Edinburgh Council. The purpose of amendment 7 is to facilitate recovery of funds when a local authority has covered the costs of a missing share for a common repair. Common repairs can be complex and pose a significant challenge for the City of Edinburgh Council due to the high percentage of older tenements in mixed ownership. Although the proposal to introduce changes that take the onus for debt recovery away from responsible owners who are willing to arrange and pay for repair and maintenance work is welcome, it is unlikely that local authorities would be unable to make use of the current powers. The 30-year period for the recovery of funds through repayment charges is, arguably, excessive, and many local authorities will have limited resources to lend funds over such a long period. Local authorities cannot borrow for that expenditure without the express permission of Scottish ministers, because the money would technically be revenue and not capital. Increased flexibility about the repayment period will allow more local authorities to make use of existing powers. That will help to facilitate more repair work and improve standards in the private sector. The current system does not take affordability into account. There is a set repayment period of 30 years, regardless of the amount that is owed or the financial circumstances of the owner. Amendment 7 would link a reduced payment period with a duty on local authorities to provide support through their scheme of assistance. That would address affordability issues through provision of financial assistance or access to advice and information, depending on the circumstances of the case and the range of support that is available through the scheme of assistance. 10:15
In the same item of business
The Convener (Maureen Watt)
SNP
Good morning, everyone, and welcome to the Infrastructure and Capital Investment Committee’s 16th meeting in 2014. I remind everybody to switch off their mob...
The Convener
SNP
The first group of amendments is on the tenement management scheme. Amendment 149, in the name of Sarah Boyack, is grouped with amendments 153, 154, 150, 151...
Sarah Boyack (Lothian) (Lab)
Lab
I am grateful for the opportunity to speak to my amendments. I will run through them in the order in which they appear in the groupings. As members will be ...
The Convener
SNP
Jim Eadie will speak to amendment 7 and the other amendments in the group.
Jim Eadie (Edinburgh Southern) (SNP)
SNP
I welcome the opportunity to speak to amendment 7, which is one of a number of amendments that I have lodged that arise from extensive discussion between mys...
The Minister for Housing and Welfare (Margaret Burgess)
SNP
Amendment 149 seeks to have the owners’ share of tenement management scheme costs calculated as the local authority thinks reasonable, but with the principle...
Sarah Boyack
Lab
I am very disappointed by the minister’s overall response, because the amendments address issues that have been raised through the consultation processes for...
Margaret Burgess
SNP
We have accepted a number of non-Government amendments at stage 2, and we have lodged a number of Government amendments following discussions at stage 1. I ...
The Convener
SNP
Sarah, are you pressing or withdrawing your amendment?
Sarah Boyack
Lab
The first set of amendments that I proposed—
The Convener
SNP
We are talking about amendment 149.
Sarah Boyack
Lab
I will not press it at this point. Amendment 149, by agreement, withdrawn. Amendments 153 and 154 not moved. Amendment 150 moved—Sarah Boyack.
The Convener
SNP
The question is, that amendment 150 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Fee, Mary (West Scotland) (Lab) Griffin, Mark (Central Scotland) (Lab) Against Eadie, Jim (Edinburgh Southern) (SNP) Ingr...
The Convener
SNP
The result of the division is: For 2, Against 5, Abstentions 0. Amendment 150 disagreed to. Amendments 151 and 7 not moved.
Jim Eadie
SNP
May I just say a word by way of response to the minister? I am grateful for the minister’s response, in particular her recognition that my amendment 7 refle...
Sarah Boyack
Lab
I have a strong view about the 30-years issue. It is not the right period of time to set. Therefore, I move amendment 152.
The Convener
SNP
The question is, that amendment 152 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Fee, Mary (West Scotland) (Lab) Griffin, Mark (Central Scotland) (Lab) Against Eadie, Jim (Edinburgh Southern) (SNP) Ingr...
The Convener
SNP
The result of the division is: For 2, Against 5, Abstentions 0. Amendment 152 disagreed to. Amendment 35 not moved. Section 72 agreed to. After section 72
The Convener
SNP
The next group is on discharge of costs notices applying to owners of properties. Amendment 117, in the name of the minister, is the only amendment in the gr...
Margaret Burgess
SNP
Amendment 117 proposes changes to the Title Conditions (Scotland) Act 2003 and to the Tenements (Scotland) Act 2004 to aid the conveyancing process in a part...
The Convener
SNP
The next group is on the home maintenance framework duty. Amendment 9, in the name of Jim Eadie, is the only amendment in the group.
Jim Eadie
SNP
I am pleased to speak to and move amendment 9, the purpose of which is to require owners to prepare a maintenance plan to cover common repairs, with a view t...
Margaret Burgess
SNP
I thank Jim Eadie for raising this issue because it gives me an opportunity to set out some of the existing powers and duties in this area. Under section 8 o...
Sarah Boyack
Lab
The minister’s comments are illustrative. Although powers and requirements exist, none of them is being implemented, which leads to a problem. I have questi...
Margaret Burgess
SNP
There are existing powers. Where there is a problem, officials will want to discuss with local authorities why they are not using the powers and how they can...
Jim Eadie
SNP
Amendment 9 has the City of Edinburgh Council’s support and is designed to tackle an issue that it identified as requiring to be addressed. I appreciate the ...
The Convener
SNP
The next group is on maintenance plans: areas. Amendment 56, in the name of James Kelly, is the only amendment in the group. Mark Griffin will speak to and m...
Mark Griffin (Central Scotland) (Lab)
Lab
Amendment 56 would clarify the position on premises and gardens. The 2006 act refers to premises, which we feel could be interpreted to mean simply buildings...