Chamber
Plenary, 24 Nov 2005
24 Nov 2005 · S2 · Plenary
Item of business
Housing (Scotland) Bill: Stage 3
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 necessary or appropriate to include the provisions in the bill in order to achieve fair and sensible consideration of cases.
The president will refer cases to a committee unless he or she has reason to reject them. The president will certainly want to consider any information that is available—whether written representations or other types of representation, which Euan Robson reminded us about—and will want to be satisfied that the case is genuine and that a committee sitting as a tribunal is needed to resolve the dispute.
If written representations were made in time, the president would certainly consider them. Section 23(3) is designed to allow the president to gather further information if doing so would be helpful. The president would be open to criticism if representations were received and not taken into account. Therefore, amendment 80 would not add anything in practice. It would also give the president a statutory duty to consider representations without providing any timetable or other arrangements for their submission.
Amendment 81 deals with mediation. We intend to develop the use of mediation in the panel's processes because where mediation works, it is far preferable to having an imposed decision. A formal requirement to offer mediation could hold up cases in locations in which suitable mediation services are not available—I think that Christine Grahame recognised that in constructing her amendment. However, a provision that permits the president to propose mediation adds nothing to what the president will be able to do anyway. I assure Christine Grahame that I will encourage the president to find ways to promote the availability and use of suitable mediation where possible, although I think that the president will need little encouragement to do that.
Section 23 will allow the president to defer a decision if there appears to be a reasonable prospect of the parties resolving the dispute. Amendment 82 could be read as restricting the scope for the president to do that where no representations have been made but the president nevertheless thinks that there could be scope for a voluntary resolution of the dispute.
In the light of the arguments that I have made and assurances that I have given, I ask Christine Grahame to seek to withdraw amendment 80 and not to move her other amendments.
The president will refer cases to a committee unless he or she has reason to reject them. The president will certainly want to consider any information that is available—whether written representations or other types of representation, which Euan Robson reminded us about—and will want to be satisfied that the case is genuine and that a committee sitting as a tribunal is needed to resolve the dispute.
If written representations were made in time, the president would certainly consider them. Section 23(3) is designed to allow the president to gather further information if doing so would be helpful. The president would be open to criticism if representations were received and not taken into account. Therefore, amendment 80 would not add anything in practice. It would also give the president a statutory duty to consider representations without providing any timetable or other arrangements for their submission.
Amendment 81 deals with mediation. We intend to develop the use of mediation in the panel's processes because where mediation works, it is far preferable to having an imposed decision. A formal requirement to offer mediation could hold up cases in locations in which suitable mediation services are not available—I think that Christine Grahame recognised that in constructing her amendment. However, a provision that permits the president to propose mediation adds nothing to what the president will be able to do anyway. I assure Christine Grahame that I will encourage the president to find ways to promote the availability and use of suitable mediation where possible, although I think that the president will need little encouragement to do that.
Section 23 will allow the president to defer a decision if there appears to be a reasonable prospect of the parties resolving the dispute. Amendment 82 could be read as restricting the scope for the president to do that where no representations have been made but the president nevertheless thinks that there could be scope for a voluntary resolution of the dispute.
In the light of the arguments that I have made and assurances that I have given, I ask Christine Grahame to seek to withdraw amendment 80 and not to move her other amendments.
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...