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Chamber

Meeting of the Parliament 19 February 2015

19 Feb 2015 · S4 · Meeting of the Parliament
Item of business
Community Charge Debt (Scotland) Bill

We have been against the bill from the beginning. We have been critical of the way in which it was announced and the lack of consultation. We are against the bill in principle and we are concerned about the pragmatic aspects that could flow from it.

I will first deal with the point that I tried to make in an intervention on the minister. The Government tries to paint the bill as some kind of high-minded safety measure that it has to bring in to protect democracy and the electoral roll. It says that people should feel free to register without the fear of being chased for tax. However, what the Government does not say is that that applies only to the community charge. If councils want to use the expanded electoral roll to chase up council tax debts that have existed for 17, 18 or 19 years, that apparently is okay with the Government. Indeed, the finance secretary is enthusiastic about councils using their powers and the expanded electoral roll to chase up old council tax debts.

The narrative behind the bill of it being about protecting democracy falls somewhat short when it applies only to one tax debt but not to another tax debt that could be decades old. In years gone by, the Scottish National Party in particular has been pretty aggressive about the council tax and has said some pretty unpleasant things about it, which are pretty close to what it has said about the community charge. It was all very different, of course, a couple of weeks ago, when the finance secretary was praising the council tax and said on the record that it

“is linked to ability to pay”.—[Official Report, 29 January 2015; c 73.]

That is in stark contrast to what many SNP members said in the last parliamentary session, where we can find a whole plethora of quotations about how awful they felt the council tax was.

I said that we are against the bill on principle, and the principle is fairly straightforward. It is a principle that has been espoused many times by John Swinney himself: people should properly pay the taxes for which they are liable. On the Conservative side of the chamber, we do not deviate from that principle in relation to the community charge. We think that that is how it ought to be.

We also think that there should be a principle of equality between those who paid the tax and those who did not pay. We now have the situation where some people paid that community charge, even if they were against it—as I know the majority of members in the chamber were—and made great sacrifices in order to do so, but those who did not pay it, some of whom probably could have paid it quite reasonably, are let off. There is an inequality between those two situations.

I looked through the Official Report of the relevant Finance Committee meeting and that is a live issue that has been raised with many MSPs. The convener of the Finance Committee said:

“I imagine that most—if not all—MSPs have, like me, received a number of communications from constituents who have said, in effect, ‘What about those who paid at the time?’”

The convener went on to say:

“We are all getting correspondence about it. I have not had anyone tell me what a great idea the bill is, but I have had plenty of folk writing to me in the terms I have just described.”—[Official Report, Finance Committee, 14 January 2015; c 24-25.]

Those are not the words of a Conservative MSP; that is a direct quote from the convener of the Finance Committee, who did far more consultation on the issue than the entire Scottish Government.

We are against the bill for reasons of principle but we are also against it for reasons of pragmatism. That is what the amendment that we lodged earlier was about. In written submissions to the committee and in giving evidence to the committee, even the councils that were supportive of the bill, such as Dundee City Council, were concerned about the impact that the bill could have on the collection of council tax.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-12344, in the name of John Swinney, on the Community Charge Debt (Scotland) Bill. I call on Marco Biagi...
The Minister for Local Government and Community Empowerment (Marco Biagi) SNP
Thank you, Presiding Officer. On 2 October last year—
The Deputy Presiding Officer Con
Wait one second, Mr Biagi. I must ask members who are leaving the chamber to do so quickly and quietly, please, as a mark of respect to the minister.
Marco Biagi SNP
On 2 October last year, the former First Minister announced the Government’s intention to introduce legislation to ensure that councils could take no further...
Gavin Brown (Lothian) (Con) Con
Is it okay for councils to look at the expanded electoral registers to track down council tax debt of, say, 18 years’ duration?
Marco Biagi SNP
The issues that we face with the poll tax were created by very particular historical circumstances, in which there were high levels of protest, disruption, d...
Alex Rowley (Cowdenbeath) (Lab) Lab
I begin with something that I forgot to do at stage 1, which is thanking the Finance Committee. It should be put on the record that it did a good piece of wo...
Gavin Brown (Lothian) (Con) Con
We have been against the bill from the beginning. We have been critical of the way in which it was announced and the lack of consultation. We are against the...
John Mason (Glasgow Shettleston) (SNP) SNP
Does the member not think that a worse example is the big companies and the rich individuals who hide their money overseas, creating a huge tax gap? Are they...
Gavin Brown Con
We are happy to debate tax evasion and tax avoidance of any nature in this chamber at any time, but today we are debating stage 3 of the specific bill in fro...
Kenny MacAskill (Edinburgh Eastern) (SNP) SNP
The debate is not about the principle of paying taxation; it is about the final burying of the poll tax. Like many members in the chamber, I have recently fi...
The Deputy Presiding Officer Con
You must close, please.
Kenny MacAskill SNP
On that point, Presiding Officer, I will end. 16:28
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
I was very happy to support this bill soon after it was published, because it is the right thing to do. However, we have to respond to the points that Gavin ...
Gavin Brown Con
I note that Perth and Kinross Council, which Malcolm Chisholm mentioned, also said: “Beyond this issue we also have further concerns about the potential imp...
Malcolm Chisholm Lab
Well, that seems to contradict the quote that I highlighted. In any case, the more fundamental point is that Gavin Brown does not regard the poll tax as bei...
Alex Salmond (Aberdeenshire East) (SNP) SNP
I speak not so much as the member of the Scottish Parliament for Aberdeenshire East but as Alex from Strichen, who was moved to call the “Call Kaye” phone-in...
Gavin Brown Con
It is interesting that Alex Salmond criticises others for not being in the chamber to vote or debate, but let us move past that. If it is so iniquitous, why ...
Alex Salmond SNP
Because of the three reasons that I outlined. First, the poll tax cost more to collect in many circumstances than could be collected. Secondly, the debt is m...
John Mason (Glasgow Shettleston) (SNP) SNP
I am pleased that the bill has got to stage 3 and that it has the widespread support that it obviously has. The community charge was a bad tax, and my collea...
Cameron Buchanan (Lothian) (Con) Con
First, I apologise for speaking out of turn earlier. As they say on the radio programme, “I’m sorry, I’ll read that again.” I assure members that, from now o...
Michael Russell (Argyll and Bute) (SNP) SNP
The answer that the member seeks on why the Government is so passionate is simple. I think that Gavin Brown was 14 when the poll tax came in. Many members in...
Cameron Buchanan Con
I was not 14 at that time. This is a question of principle rather than anything else. The principle is about paying taxes and not about whether the tax is fa...
John Wilson (Central Scotland) (Ind) Ind
What does Cameron Buchanan say to his Westminster colleagues who have supported those who have been offshoring their accounts to avoid paying tax in the UK?
Cameron Buchanan Con
That is more the point that John Mason made. I will not say anything about that, because it is not what we are talking about. Interruption. No, it is not. We...
The Deputy Presiding Officer Con
Order.
Cameron Buchanan Con
Many of my constituents have contacted me to express their opposition to the bill. They are absolutely right—it is unfair. No matter the spin that is offered...
Jackie Baillie (Dumbarton) (Lab) Lab
As other members have done, I thank the Finance Committee and the clerks to the committee for scrutinising the bill in the run-up to the stage 3 debate. Asi...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
The member might care to clarify what she said. There is a 20-year bar on recovering debts rather than chasing them. Is that not kind of the point?
Jackie Baillie Lab
The member is right. There is a 20-year legal bar on recovering debts. However, I think that he will find that most local authorities said that, practically,...