Chamber
Meeting of the Parliament 17 March 2011
17 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Private Rented Housing (Scotland) Bill
One principal element of the bill is the measures on the registration of private landlords. Alex Neil said that the bill is targeted at a minority of landlords who give the industry a bad name. The bill targets the worst offenders, which was the point that I made during the stage 1 debate when I suggested that good landlords have “nothing whatever to fear” from the bill. Let us hope and pray that that means the majority of landlords. Other landlords will have to either shape up or ship out. There will be no room for poor landlords in the future.
The danger to residents cannot have been set out more starkly than in the example that Patricia Ferguson gave, which was a welcome reminder to us all. Charlie Gordon said that the bill is
“the beginning of the end for rogue landlords.”
As is often the case, he hit the nail on the head quite well.
Mary Mulligan sought to expand the fit-and-proper person test that is in the bill and I welcome that. She also talked about impressing the proposed changes on local authorities and the judiciary, which is also key. There is no point in our raising the level of fines or making sure that local authorities do the checks if there is no enforcement. The carrot and the stick are often required in legislation, and that is no less true than for the bill we are discussing today.
Overcrowding was another key area for me while I worked through the stages of the bill in committee and in the Parliament. Mary Mulligan said that it is a complicated issue. I certainly found some of the amendments—including those on overcrowding in particular—very complicated, because of their potential outcomes. We had to make sure that we got things as right as possible, which is why, at the end of the day, the Liberal Democrats were happy to support the amendments on overcrowding.
Alex Johnstone mentioned the stage 2 amendment that he lodged so that HMO density would be discussed. Although that discussion was certainly welcome, I have also discussed the issue with permanent residents in St Andrews, who, like people in other places in the country, have deep and long-held concerns that must be listened to. In agreeing to Ted Brocklebank’s amendment today, the Liberal Democrats feel that the bill now strikes a reasonable balance between the needs of all residents in areas where there are HMOs.
The bill has meant a significant amount of work for the committee, and I paid tribute earlier to all those who were involved. We had extensive and sometimes testing committee sessions on the bill. We had concerns about some of the stage 2 amendments, although the evidence from and on behalf of students and permanent residents was clear for all to see. We have agreed to amendments today that should, in time, provide solutions for both sides and help them to live in harmony in their communities.
I am glad that John Wilson mentioned hard-wired smoke alarms. I promoted them as part of the Scottish housing quality standards while I was on Fife Council. As a homeowner who once had a fire—fortunately, I was not at home at the time—I know that the smoke alarm allowed the fire service to take quicker action. I personally welcome any action that ensures that hard-wired smoke alarms are provided.
The Liberal Democrats believe that private rented accommodation plays an essential part in meeting our housing needs and we support the benefits and improvements that the bill will bring.
16:32
The danger to residents cannot have been set out more starkly than in the example that Patricia Ferguson gave, which was a welcome reminder to us all. Charlie Gordon said that the bill is
“the beginning of the end for rogue landlords.”
As is often the case, he hit the nail on the head quite well.
Mary Mulligan sought to expand the fit-and-proper person test that is in the bill and I welcome that. She also talked about impressing the proposed changes on local authorities and the judiciary, which is also key. There is no point in our raising the level of fines or making sure that local authorities do the checks if there is no enforcement. The carrot and the stick are often required in legislation, and that is no less true than for the bill we are discussing today.
Overcrowding was another key area for me while I worked through the stages of the bill in committee and in the Parliament. Mary Mulligan said that it is a complicated issue. I certainly found some of the amendments—including those on overcrowding in particular—very complicated, because of their potential outcomes. We had to make sure that we got things as right as possible, which is why, at the end of the day, the Liberal Democrats were happy to support the amendments on overcrowding.
Alex Johnstone mentioned the stage 2 amendment that he lodged so that HMO density would be discussed. Although that discussion was certainly welcome, I have also discussed the issue with permanent residents in St Andrews, who, like people in other places in the country, have deep and long-held concerns that must be listened to. In agreeing to Ted Brocklebank’s amendment today, the Liberal Democrats feel that the bill now strikes a reasonable balance between the needs of all residents in areas where there are HMOs.
The bill has meant a significant amount of work for the committee, and I paid tribute earlier to all those who were involved. We had extensive and sometimes testing committee sessions on the bill. We had concerns about some of the stage 2 amendments, although the evidence from and on behalf of students and permanent residents was clear for all to see. We have agreed to amendments today that should, in time, provide solutions for both sides and help them to live in harmony in their communities.
I am glad that John Wilson mentioned hard-wired smoke alarms. I promoted them as part of the Scottish housing quality standards while I was on Fife Council. As a homeowner who once had a fire—fortunately, I was not at home at the time—I know that the smoke alarm allowed the fire service to take quicker action. I personally welcome any action that ensures that hard-wired smoke alarms are provided.
The Liberal Democrats believe that private rented accommodation plays an essential part in meeting our housing needs and we support the benefits and improvements that the bill will bring.
16:32
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan)
SNP
The next item of business is a debate on motion S3M-8128, in the name of Alex Neil, on the Private Rented Housing (Scotland) Bill.15:45
The Minister for Housing and Communities (Alex Neil)
SNP
I am pleased to open the debate and to move the motion in my name.I thank the Local Government and Communities Committee for its detailed consideration of th...
Tricia Marwick (Central Fife) (SNP)
SNP
Will the minister assure the chamber that the powers that the bill establishes will force local authorities to act when private landlords do not live up to t...
Alex Neil
SNP
I agree with Tricia Marwick that enforcement is crucial. The powers are now well in place and I believe that the local authorities have the tools to do the j...
Mary Mulligan (Linlithgow) (Lab)
Lab
I am sure that I am not the only one who feels a sense of achievement when we reach stage 3 of a bill, and that is especially true when one has been particul...
Alex Johnstone (North East Scotland) (Con)
Con
The Conservatives support and will vote for the bill.Going through the process has been interesting and certain aspects of today’s procedures have been parti...
Jim Tolson (Dunfermline West) (LD)
LD
I thank my colleagues on the Local Government and Communities Committee, the committee clerks, the bill team and the minister for their hard work and dedicat...
The Deputy Presiding Officer
SNP
We now move to the open debate.16:07
Anne McLaughlin (Glasgow) (SNP)
SNP
Sometimes it might seem to people as if we in this Parliament are navel gazing or talking only to ourselves, but nothing could be further from the truth. Thi...
Patricia Ferguson (Glasgow Maryhill) (Lab)
Lab
Although the bill is one of the last that we shall consider in this session of the Parliament, its gestation has been fairly long. Most of its provisions wer...
John Wilson (Central Scotland) (SNP)
SNP
It was a privilege to be a member of the committee that examined the bill. It was clear that not all local authorities have taken a vigorous approach to land...
Charlie Gordon (Glasgow Cathcart) (Lab)
Lab
I welcome the opportunity to make a brief contribution. In the stage 1 debate I spoke exclusively on the rogue landlord aspects of the bill, given the antiso...
Bob Doris (Glasgow) (SNP)
SNP
I start by saying something that I think that we all agree on: the private rented sector must become increasingly important in the provision of good-quality,...
Jim Tolson
LD
One principal element of the bill is the measures on the registration of private landlords. Alex Neil said that the bill is targeted at a minority of landlor...
Ted Brocklebank (Mid Scotland and Fife) (Con)
Con
In winding up for the Conservatives today, I begin what will possibly be my final contribution in this place by saying how grateful I am for the kind words o...
Alex Neil
SNP
Can the member confirm that he is registered? Laughter.
Ted Brocklebank
Con
Absolutely, as the minister will discover if he checks the register of landlords.However, there have been problems. Pauline McNeill and Patricia Ferguson all...
Mary Mulligan
Lab
I offer my best wishes to Ted Brocklebank for all that he has done, particularly today. He said that his closing speech will probably be his last contributio...
The Presiding Officer (Alex Fergusson)
NPA
Given Patricia Ferguson’s earlier warning about what Alex Neil is capable of doing in an empty house, I am a little bit loth to let him loose on a fairly emp...
Alex Neil
SNP
I am delighted that Mary Mulligan is confident that I am going to be the minister moving the commencement order after the election.Earlier, when we were disc...
The Cabinet Secretary for Education and Lifelong Learning (Michael Russell)
SNP
Indeed.
Alex Neil
SNP
This has been a consensual debate, with good contributions from throughout the chamber. It is appropriate that it has been consensual, because the issue that...
Bob Doris
SNP
I just want to add to the list the Home Owner and Debtor Protection (Scotland) Act 2010, under which all evictions for mortgage arrears must call in court, w...
Alex Neil
SNP
That is a good point from Mr Doris. I am always one to undersell our achievements. Laughter. The legislation is extremely important, but it is also importan...
Patricia Ferguson
Lab
Does the minister accept that the issue is not just the location of the judgment but the courts having an understanding of the effects that behaviour can hav...
Alex Neil
SNP
Absolutely. My view is that some kind of tribunal system may be more appropriate, certainly in some circumstances, than a case immediately going to the sheri...