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Chamber and committees

Finance Committee, 06 Oct 2009

Meeting date: Tuesday, October 6, 2009


Contents


Home Owner and Debtor Protection (Scotland) Bill: Financial Memorandum

The Convener:

Item 4 is for the committee to consider its approach to the scrutiny of the financial memorandum to the Home Owner and Debtor Protection (Scotland) Bill. Hard copies of the bill and the clerk's paper have been circulated to members.

It is expected that the lead committee might have a tight timetable for stage 1 scrutiny of the bill. If it is possible to accommodate our scrutiny round our other commitments to meet the lead committee's timetable, it is proposed that we seek oral evidence from the Scottish Government bill team, including the perspective of the Accountant in Bankruptcy, and written evidence from other main parties on which costs might fall; and then produce our report for the lead committee. The clerk's paper suggests the organisations. However, if the timetable for the bill is too tight, it is proposed that we might wish to seek written evidence only and forward that to the lead committee for its consideration.

Jackie Baillie:

I have no doubt that we all want the bill to be put in place as quickly as possible but, equally, we need to apply a degree of scrutiny to make sure that the financial memorandum's provisions are robust. My preference is that we hold an oral evidence session. Based on the evidence that we get from the Scottish Court Service, the Scottish Legal Aid Board, local authorities and the Council of Mortgage Lenders, if the need arises and if anyone is objecting robustly, could we reserve half an hour to take verbal evidence from one panel of witnesses?

I hope to be able to accommodate it within the time.

Dr James Johnston (Clerk):

That will depend on the lead committee's timetable, but if time permits, I see no reason why not.

We will do our best.

Regardless of whether we take written or oral evidence, if we are asking for evidence from the Royal Institute of British Architects, we should also ask for evidence from the Royal Incorporation of Architects in Scotland.

Is that agreed?

Can I just clarify that the written evidence is to be sought from organisations on which costs might fall?

I am sorry; I was looking at the wrong bill.

We all know the feeling, but David Whitton has the floor.

David Whitton:

There is an organisation in my constituency that might have an interest: the Association of Commercial Attorneys. Its members could work on the issues in the bill but are barred from doing so in courts at the moment by sheriffs principal. They act for people in construction law and so on. I am not sure that the costs of the legislation would fall on them but, in discussions that I have had with the association, it says that they could reduce the costs of appearing in court to face repossession and so on; rather than being represented by a lawyer, people could be represented by one of those guys. Maybe the best thing would be to ask the association to supply written views rather than appear before the committee.

That would be fine.

Okay. I will do that.

The Convener:

Are we content with the clerk's suggestions about who we should take evidence from, along with the suggested additions? I hope that the timetable will not be too tight, but we will just have to take that as it comes and seek written evidence. Are we content with the proposed approach?

Members indicated agreement.