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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 22 April 2025
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Displaying 3204 contributions

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Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 September 2024

Jackson Carlaw

On that point, I note that the Scottish Government has said that it has made repeated representations. It might be useful to ask for a schedule of those representations so that we can see when all those repeated representations have been made.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 September 2024

Jackson Carlaw

That is very helpful.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 September 2024

Jackson Carlaw

I am happy to include that in any representation that we make.

We have had quite a collection of suggestions. Are colleagues content that we keep the petition open, and that the clerks work out what colleagues recommended in that detailed list of submissions?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 September 2024

Jackson Carlaw

We thank the petitioner very much. I hope that she been pleased to see the interest that the committee has in her petition. We will take forward the aims of the petition, and we will see what progress we are able to make with it.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

Are colleagues content?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

We thank the petitioner for the petition. In light of the evidence that we have received, I believe that we can safely close it. We thank the petitioner for raising the issue with us.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

In view of the way in which legislation has moved in the interim and that being the view of the Government, I do not think that there is much more that we can expect to progress on the petition. Are colleagues content?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

It is that bold determination by the Scottish Government not to engage in a discussion on the principal ask of the petition, whatever the merits of many of the arguments that have been presented to us, that makes it difficult for us to pursue it. Colleagues, are there any alternative suggestions or are we, with some reluctance, inclined to support Mr Torrance’s proposal? I believe that we are.

I commend the petitioner for bringing the petition to us. I thank him and the others who have made detailed submissions to us. However, given that the Scottish Government has firmly rejected the principal ask of the petition, unfortunately, there is nothing more that the committee can do to advance its aims. We are not the Government and we cannot instruct it to engage. Are colleagues content?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

Are we content, given that our colleagues are pursuing these matters elsewhere? I do not think that there is anything that we can usefully forward to the Criminal Justice Committee, which appears to be directly addressing the issue. Are we content to support Mr Torrance’s proposal?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 September 2024

Jackson Carlaw

Agenda item 3 is the consideration of new petitions. As there may be people in the public gallery or people at home who are joining us who have a new petition, I point out that, ahead of this consideration, we invite the Scottish Government to give us a preliminary view, and we invite the Parliament’s independent research body, the Scottish Parliament information centre—SPICe—to prepare a briefing for us on the issues raised by the petition. We do that because, historically, when we did not do it, that was the first thing that we did when we met to consider a petition, and it simply delayed moving forward with consideration in detail. We therefore have those briefings ahead of our consideration this morning.

The first new petition is PE2094, on reviewing the Property Factors (Scotland) Act 2011 and expanding the remit of the First-tier Tribunal to include commercial properties. The petition, which has been lodged by Alban Bartley-Jones, calls on the Scottish Parliament to urge the Scottish Government to review the legislation on property factors and to take steps to ensure that commercial properties are also protected, and to expand the remit of the First-tier Tribunal for Scotland housing and property chamber to allow it to consider cases affecting wholly commercial properties.

The petition has been prompted by the petitioner’s experience of a commercial property factor continuing to bill building tenants despite not having a contract with any of them. The SPICe briefing highlights that the Property Factors (Scotland) Act 2011 has limited relevance for the commercial property sector, as the main aim behind the legislation was to

“create a statutory framework which would protect Scottish homeowners who contract with property factors.”

As the 2011 act does not apply in the case of wholly commercial properties, disputes between businesses and commercial property factors are dealt with in the normal court system rather than the First-tier Tribunal for Scotland housing and property chamber.

In response to the petition, the Minister for Housing stated that the 2011 act was not intended to apply to property factors that are solely concerned with providing a service to commercial property owners and that the Scottish Government has no plans to amend the act to cover relationships between commercial property owners and factors where there is no residential element involved.

This is the first consideration of the petition, and that is quite a trenchant response from the Scottish Government. Nonetheless, are there any options open to us that colleagues would like to propose?

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