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Chamber

Meeting of the Parliament 27 June 2018

27 Jun 2018 · S5 · Meeting of the Parliament
Item of business
Prescription (Scotland) Bill: Stage 1

I welcome the new ministers—although I think that they have left the chamber—and I thank the outgoing ministers for their public service. I thank the Solicitor General and the convener of the DPLR Committee for setting out the positions of the Government and the committee on the bill and for highlighting some of the key issues.

There have been welcome changes on discoverability and other technical aspects, as we have heard during the debate. However, I want to focus on how the bill and the issues around it will impact on people.

In a past life, I worked for six years as a front-line housing officer in the social housing sector. I worked with tenants, housing associations and councils, and I took a great interest in the welfare rights side of the job. I tried to ensure that people received their entitlement and that the council or housing association was paid the rents and housing benefit that it was owed.

That job was a tremendous apprenticeship for going into politics, as I saw people’s lives in the raw. By going in and out of people’s houses every day and helping them deal with financial pressures, I gained an understanding of the stresses and strains that are put on families and communities. I gained an understanding of the crushing impact that debt can have on relationships and on mental and physical health and general wellbeing.

In cases of extreme debt, I had to invoke an eviction process that, ultimately, meant that people lost their homes. Housing officers in Scotland are faced with that awful dilemma every day. That is very grim and the worst part of the job, and it is also evidence of a failure of policy.

In my experience, many debts came on the back of problems in the benefits system that meant that people had their benefits stopped or reduced or that overpayments accrued through errors in the system.

I say that against the backdrop of the bill and, in particular, the exemption from five-year prescription of council tax and overpayments of reserved benefits, which means that people will be subject to a 20-year prescription period and possibly higher penalties after that debt is discovered. People might not be aware of that debt. They might have long since disposed of any files or records that they had at home that would help them address the debt when they discover that they have it. A six-year prescription period covers council tax and overpayments in England and Wales, but it will be 20 years in Scotland.

The Scottish Government took the correct action when it wrote off historical poll tax debts after almost 30 years. Under the proposed system, if it is enacted, people will have council tax debt hanging over them for up to 20 years. Let us think about that.

If the benefits system were starting from scratch and the UK Government proposed a six-year debt recovery period in England but a 20-year period in Scotland, there would rightly be an outcry, but that is what is being proposed in the bill. Mike Dailly from the Govan Law Centre made a very positive contribution to the committee’s proceedings, as did CAS and the Child Poverty Action Group. All of them share my belief that the law in Scotland on prescription for council tax and reserved benefits overpayments should be brought more into line with the law in England and Wales, and my Labour colleagues have said that today.

We believe that a five-year prescription period would bring Scotland more in line with what happens in England and Wales. If we do not see any movement on that point during the bill’s progression, we will bring forward an amendment on it at stage 2.

16:11  

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-12958, in the name of Annabelle Ewing, on the Prescription (Scotland) Bill at stage 1. I call Joe FitzPat...
The Deputy Presiding Officer SNP
I call Alison Di Rollo, Solicitor General for Scotland, to speak to the motion. You have nine minutes, Solicitor General. 15:18
The Solicitor General for Scotland (Alison Di Rollo)
I am pleased to be here today on behalf of the Scottish Government to open the debate on the general principles of the Prescription (Scotland) Bill, which be...
Neil Findlay (Lothian) (Lab) Lab
Will the Solicitor General take an intervention?
The Solicitor General for Scotland
I want to make progress at this stage, if that is all right. The Convention of Scottish Local Authorities told the committee that it is rare for action to b...
Mark Griffin (Central Scotland) (Lab) Lab
Will the Solicitor General take an intervention?
The Solicitor General for Scotland
I am going to press on for now. As well as the provisions that I have mentioned, the bill makes some miscellaneous provisions, which I want to mention brief...
The Deputy Presiding Officer SNP
Thank you, Solicitor General. I know that you are not used to this, but the motion has already been moved by Mr FitzPatrick.
The Solicitor General for Scotland
Sorry, Presiding Officer. That was corroboration. Laughter.
The Deputy Presiding Officer SNP
Oh, yes. I was all in favour of corroboration. It got me into a lot of trouble. Laughter. I call Graham Simpson to speak on behalf of the Delegated Powers ...
Graham Simpson (Central Scotland) (Con) Con
I thank Ms Di Rollo for stepping in today. One of the responsibilities of the Delegated Powers and Law Reform Committee is to scrutinise Scottish Law Commis...
Alison Harris (Central Scotland) (Con) Con
First, I will simplify the meaning of “prescription”. Prescription and Scots law on prescription encourage people to enforce their rights swiftly, and before...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
In the light of the announced reshuffle of Government ministers, I begin by registering my thanks to Michael Matheson and Annabelle Ewing. Over the time that...
Liam McArthur (Orkney Islands) (LD) LD
Like Daniel Johnson, I start by acknowledging the contribution that was made by the new justice secretary’s predecessor, Michael Matheson, and by Annabelle E...
Stuart McMillan (Greenock and Inverclyde) (SNP) SNP
I am delighted to speak in the debate, and I place on record my thanks to Michael Matheson and Annabelle Ewing. In particular, I appreciate Annabelle Ewing’s...
Bill Bowman (North East Scotland) (Con) Con
I thank my colleague Graham Simpson, the convener of the Delegated Powers and Law Reform Committee, and the committee clerks for their work on the bill. Havi...
The Deputy Presiding Officer SNP
I would appreciate it if the last two speeches in the open debate came in at just under four minutes, please. 16:00
Mark Griffin (Central Scotland) (Lab) Lab
We welcome the bill. The new discoverability test, which requires a person to be aware that their loss, injury or damage was caused by a person’s act or omis...
Tom Arthur (Renfrewshire South) (SNP) SNP
I join colleagues across the chamber in paying tribute to Annabelle Ewing. I had the privilege of being the parliamentary liaison officer to Michael Matheson...
Neil Findlay (Lothian) (Lab) Lab
I welcome the new ministers—although I think that they have left the chamber—and I thank the outgoing ministers for their public service. I thank the Solicit...
Gordon Lindhurst (Lothian) (Con) Con
In a debate of this nature, it may seem that my right to say anything interesting by this stage has been extinguished by prescription. Let me start by mentio...
Neil Findlay Lab
Has the member lifted Stewart Stevenson’s speech today?
Gordon Lindhurst Con
What can I say? I have been found out. No, not on this occasion, Mr Findlay. There is a need to balance the rights and obligations of creditors and debtors,...
The Solicitor General for Scotland
I do not want to turn this into a mutual appreciation society, but I add my thanks and tributes to the outgoing justice ministers and the members of the DPLR...
Daniel Johnson Lab
Given that the situation is different south of the border, has any evidence been gathered on whether the six-year prescription period for local authorities i...
The Solicitor General for Scotland
I do not think that such a comparative exercise has been done. The scope of the bill does not go that wide. As Tom Arthur mentioned, the purpose of the bill ...
Neil Findlay Lab
That might be the DWP’s position, but it would be highly unusual if it was the argument of Citizens Advice Scotland, the Govan Law Centre and the Child Pover...
The Solicitor General for Scotland
Mike Dailly and other consultees have expressed their views. This is a complex, nuanced matter on which there are different shades of opinion. However, there...
Neil Findlay Lab
Will the Solicitor General take an intervention?
The Solicitor General for Scotland
I must press on. I turn to an issue that Daniel Johnson and Tom Arthur mentioned, and of which Alison Harris gave a helpful explanation—discoverability and ...