Chamber
Plenary, 24 Nov 2005
24 Nov 2005 · S2 · Plenary
Item of business
Housing (Scotland) Bill: Stage 3
The amendments are all linked. I hope that the minister understands the spirit in which I lodged them. They aim to assist in the process of determining an application to the panel with regard to a landlord failing to meet the repairing standard.
I thought that, even taking into account schedule 2, there was no harm in fleshing the process out, in particular in section 23(1). Currently, under that subsection, the president has only two options—to refer an application to the panel or to reject it. Amendment 80 would give the president more flexibility and would make consideration of any further written representations mandatory. The amendment says that
"the president must consider any further written representations … and may request further such representations"
before a decision is made. I hope that that solution is seen to be sensible and practical.
On amendment 81, it is easier if parties can resolve their disputes by mediation rather than by going straight to a panel for a decision either for or against, because a decision can be made collectively. That is not always possible, but there may be circumstances in which mediation is absolutely appropriate and would take some of the burden off the private rented housing committee.
Amendment 82 relates to section 23(3)(b) and would ensure the president made a decision "after considering representations". Therefore, the president would be given the opportunity to hear from the parties and to take a considered view. As I said, the problem may be resolved without taking it to the committee, but if it went to the committee, there would be full information.
I move amendment 80.
I thought that, even taking into account schedule 2, there was no harm in fleshing the process out, in particular in section 23(1). Currently, under that subsection, the president has only two options—to refer an application to the panel or to reject it. Amendment 80 would give the president more flexibility and would make consideration of any further written representations mandatory. The amendment says that
"the president must consider any further written representations … and may request further such representations"
before a decision is made. I hope that that solution is seen to be sensible and practical.
On amendment 81, it is easier if parties can resolve their disputes by mediation rather than by going straight to a panel for a decision either for or against, because a decision can be made collectively. That is not always possible, but there may be circumstances in which mediation is absolutely appropriate and would take some of the burden off the private rented housing committee.
Amendment 82 relates to section 23(3)(b) and would ensure the president made a decision "after considering representations". Therefore, the president would be given the opportunity to hear from the parties and to take a considered view. As I said, the problem may be resolved without taking it to the committee, but if it went to the committee, there would be full information.
I move amendment 80.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
We move to stage 3 proceedings on the Housing (Scotland) Bill.I will make the usual announcement about the procedures to be followed. We will deal with the a...
Section 10—Local housing strategies
The Presiding Officer:
NPA
Group 1 is on local housing strategies. Amendment 70, in the name of the minister, is the only amendment in the group.
The Deputy Minister for Communities (Johann Lamont):
Lab
Amendment 70 responds to an amendment at stage 2 from Cathie Craigie, which intended to ensure that the use of assistance to improve housing conditions in th...
Amendment 70 agreed to.
Section 12—Tenancies to which repairing standard duty applies
The Presiding Officer:
NPA
Group 2 is on tenancies that are wholly or partly exempt from provisions of the bill. Amendment 72, in the name of the minister, is grouped with amendments 7...
The Minister for Communities (Malcolm Chisholm):
Lab
Section 12 is intended to exclude agricultural holdings from the repairing standard. An agricultural holding is primarily let for an agricultural purpose. If...
Mary Scanlon (Highlands and Islands) (Con):
Con
I have found this part of the bill quite complex and, at stage 3, the issues are becoming even more complex.Amendments 73 to 76 address issues with the origi...
Euan Robson (Roxburgh and Berwickshire) (LD):
LD
I thank the minister for lodging amendment 72, which covers the points that the committee was concerned about. It clarifies and extends the exemptions in an ...
Malcolm Chisholm:
Lab
There are two ways of looking at section 12. First, I will deal with the legalities and technicalities of the repairing standard duty. More fundamentally, I ...
Amendment 72 agreed to.
The Presiding Officer:
NPA
Amendments 73 to 76 are therefore pre-empted.
Section 13—The repairing standard
The Presiding Officer:
NPA
Group 3 is on fire safety. Amendment 5, in the name of the minister, is grouped with amendments 6, 53, 69, and 7.
Johann Lamont:
Lab
Amendments 5, 6, 53, 69, and 7 will incorporate fire detection measures in the modernised repairing standard in chapter 4 of part 1 of the bill. The issue me...
Donald Gorrie (Central Scotland) (LD):
LD
I am very content with amendments 5 and 6. I would like to press the minister on the words "building regulations". In my experience, the building control sys...
Johann Lamont:
Lab
I recognise the point that Donald Gorrie makes. He is right that many of the concerns about planning relate to the perceived inability to enforce standards. ...
Amendment 5 agreed to.
Amendment 6 moved—Johann Lamont—and agreed to.
Section 23—Referral to private rented housing committee
The Presiding Officer:
NPA
Group 4 is on decisions by the president of the private rented housing panel. Amendment 80, in the name of Christine Grahame, is grouped with amendments 81 a...
Christine Grahame (South of Scotland) (SNP):
SNP
The amendments are all linked. I hope that the minister understands the spirit in which I lodged them. They aim to assist in the process of determining an ap...
Euan Robson:
LD
I recognise the spirit in which the amendments have been lodged, but perhaps they are too prescriptive and it would be relevant to cover the matter in guidan...
Malcolm Chisholm:
Lab
I appreciate why Christine Grahame wants to build the extra elements in question into the procedures of the private rented housing panel, but it is not neces...
Christine Grahame:
SNP
I am delighted by the minister's response, which will appear in the Official Report—that is what I really sought. In the circumstances, I seek to withdraw am...
Amendment 80, by agreement, withdrawn.
Amendments 81 and 82 not moved.
The Presiding Officer:
NPA
Group 5 is on procedural matters relating to the determination on the repairing standard. Amendment 11, in the name of Malcolm Chisholm, is grouped with amen...
Johann Lamont:
Lab
The amendments respond to amendments that Tricia Marwick lodged at stage 2—obviously, we have good cop and good cop today. Those amendments dealt with notifi...