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Meeting of the Parliament 08 December 2010

08 Dec 2010 · S3 · Meeting of the Parliament

Item of business

Property Factors (Scotland) Bill: Stage 1

Johnstone, Alex Con North East Scotland Watch on SPTV

The debate that we have had today and the process that led us to it form a good example of the Parliament at its best. I only wonder why it has taken us so long to get to this stage. As has become clear during the debate, the reason is partially that certain elements of the subject are a minefield. For that reason I do not simply congratulate Patricia Ferguson on making it this far; she has my sympathy as well. She will have my support as the bill progresses.

We heard from a number of members, including Patricia Ferguson at the outset, that the bill has become necessary because there are those who have found themselves at the mercy of unscrupulous people. It would appear that legislation has become necessary because of the behaviour of a particular sector. Like many others, I emphasise that I genuinely believe that there are competent and responsible property and land managers in Scotland who are doing their job effectively, but it is all too clear from the evidence that has been presented that a surprisingly high proportion do not live up to those standards. We have heard that from a number of members who have given examples today.

I am prepared to acknowledge that the justification for the bill lies largely among those who operate as property factors for blocks of flats and other buildings across Scotland, but I share the experience that Mary Mulligan described. The cases that have come to my attention tend to relate to land maintenance companies. In many cases, green space has been allocated within an estate and there is a requirement to find a manager. My experience has led me to find out that some extraordinary things are happening, especially where development has taken place quickly and on a large scale. In Westhill near Aberdeen, for example, three different estates ended up in separate disputes with a land manager. An estate in Laurencekirk has also ended up in such a dispute.

I find that, as with other things, the people who find themselves in such disputes would like to find a way out of the arrangement that they have become involved in but, more important, they would far rather that the company simply delivered the service for which the householders are paying. That is why it is so important that we ensure that we have registration of property factors, a code of conduct and a means of dispute resolution. Those are the key elements that the bill would introduce.

As we have heard, there was a concerted attempt to introduce a voluntary accreditation scheme, but its failure to appear within an acceptable timescale and the doubts that many speakers from all parts of the chamber have cast on whether it would have the desired effect have brought me and others to the stage where it is obvious, if it was not before, that a proper statutory route is needed if we are to achieve the objectives.

Other interesting parts of the debate related to the changes that will need to be made to the bill and to existing legislation if we are to achieve our objectives. I was delighted to hear David McLetchie point out how competition can drive up standards. I was surprised to hear that resounding around the chamber and being repeated by members from all political parties—because we do not always find support for our views on competition. It is obvious that if people have the right to change factors, competition will deliver improved standards. The problem is that so few people have the opportunity to change factors or land maintenance companies. To make that possible, it might well be necessary to look at other legislation and consider changes to the Title Conditions (Scotland) Act 2003.

We are in the unusual position of considering a bill that is not in black-and-white form. Although a number of potential changes have been highlighted in the debate, the bill has the chamber’s support. The process will not be easy—indeed, in introducing this bill Patricia Ferguson has stepped into a minefield—but she will have my support and the support of the Conservatives. The Conservatives are delighted to support the proposal and will approve the bill’s general principles at decision time.

17:05

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Meeting of the Parliament 08 December 2010

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