Local Government Committee, 11 Sep 2001

Meeting date: Tuesday, September 11, 2001

Official Report 70KB pdf

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Petition

Petition PE356 calls for the Scottish Parliament to establish a mechanism and an appropriate forum for the resolution of disputes between local authorities and owners of former local authority homes. Members will have noted the briefing from the clerk, the petition and correspondence from the Scottish Executive, the Convention of Scottish Local Authorities and Dumfries and Galloway Council. The committee has considered the petition before, and Gil Paterson and I wanted to reconsider it.

The essential point to bear in mind is that mechanisms are in place for resolving such disputes, including arbitration, the local government ombudsman, the Accounts Commission and the courts. The papers provided contain no evidence that Dumfries and Galloway Council acted improperly or illegally. It is the responsibility of the buyers to establish the condition of a property before making a purchase, as in normal circumstances. The general issue of repairs as they affect former local authority properties such as flats does not fall within our remit; it falls within the remit of the Social Justice Committee.

I propose that we take no further action on the petition. We could refer it to the Public Petitions Committee with a comment that we do not intend to take the petition further because the general issue falls in the remit of the Social Justice Committee. We could ask that committee whether it will investigate the issue. Keith Harding is frowning. Do you want to say something?

We all acknowledge that common repairs are a problem throughout Scotland. Cannot we suggest that the Social Justice Committee take that into account when it considers the housing improvement task force report? An issue needs to be addressed.

We can refer the petition to the Social Justice Committee with those comments in my letter, if members agree. The petition lies not with us but with that committee.

I endorse the suggested approach. Some of the issues about common repairs were raised when we took evidence on the Housing (Scotland) Bill earlier this year. Such issues may be addressed when the proposed title conditions bill finally makes its way through the system. However, it is worth doing what Keith Harding suggested and asking the Social Justice Committee to investigate the issues.

If we can, it is important that we resolve the issues before the big stock transfers start, as the transfers will create even more problems.

We are happy with that.