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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 14 May 2025
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Displaying 3280 contributions

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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?

10:00  

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 September 2024

Jackson Carlaw

It might also be open to us to suggest to the petitioner that, in the next session of Parliament, they might bring back a slightly differently worded petition that seeks to explore the issues that the petition raises without reference to the previous legislation, which was not designed to cope with them, to see whether anything can be done to explore the issues that have been raised. However, that is as much as we can expect to achieve, given the Scottish Government’s view that the existing legislation is not there to provide that service and, therefore, we cannot proceed directly with the issues raised in the petition. Are members content?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

Thank you very much. Before we consider what we might do, I will read into the record the words of the petitioner:

“The evidence suggests that there is something not working. We can no longer put a plaster over it, and we need to take dramatic and brave action if we want to see a fit for purpose mental health service. Luke’s death and others like him cannot be in vain and through their legacy we can save future generations. If action is not taken, there is a fear that wait times will continue to get longer, the NHS will continue to lose good staff and mental health services will continue to be inadequate.”

That is a powerful summary, which is worth reflecting on.

Do colleagues have any suggestions about how we might proceed?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

In closing the petition, are colleagues interested in writing to the Scottish Government to express the view that, if the Government moved funding from the active travel budget, additional funding could be directed towards filling potholes? Does that view have wider sympathy, or is that just Mr Ewing’s reflection?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 September 2024

Jackson Carlaw

I do not think that the issue will go away, so, in closing the petition, I point out that it would be perfectly possible for a fresh petition to be lodged in the next parliamentary session. The response of the Government of the day at that time might or might not be different, but I suspect that there will still be potholes that need to be filled. They were there when I was born, and they will be there when I am gone. It is a question of how active we are in dealing with them. I applaud the petitioner’s aims in trying to make roads and transport safer.