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Item 3 on the agenda is a report that has been referred to us by the European Committee on the application of directive 94/47/EC of the European Parliament and Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis. It is a consumer affairs issue and as such is a reserved matter. However, the European Committee referred the directive to us and I did not want to exclude it from the agenda because it was a reserved matter. What is the committee's view?
Does the convener have a recommendation?
My recommendation is to take no action.
The advice note that was sent us by Nikola Plunkett shows that there is a gap in our knowledge of the contribution to tourism that is made by timeshares. We might want to take that up with the Scottish Tourist Board. We do not know whether timeshares in Scotland are likely to be affected—perhaps we should find out. In a sense, the entire remit of the European Committee is reserved but its principal remit is to consider effects on Scotland of European legislation.
There is a large timeshare development in my constituency. The contractual arrangement between owners of timeshare weeks and the providers is controversial. I would be concerned if we passed the matter through on the nod without giving it proper scrutiny, as I know the subject can be a minefield.
In paragraph 3 of Christine Boch's briefing paper it is suggested that the position of timeshare owners in relation to the operators will be improved by the directive. The issue seems rather obscure, however.
It is being dealt with by the Department of Trade and Industry.
Presumably, the Scottish Tourist Board will have been informed about the issue.
It has been alerted to the matter by the enterprise and lifelong learning department.
Our function is, surely, to inform the Scottish Tourist Board that the directive has come before the committee; that the committee has assumed that the tourist board is pursuing the matter and, if it is not, that it should let the committee know why not.
I should declare an interest as I own timeshares in several countries including Scotland. There are huge problems, not so much in the legislation but in the relationships between developers and timeshare owners. There are issues that are not covered by the document. I do not think that any timeshare in Scotland offers an arrangement of less than a 36 months, so that aspect does not apply. However, many companies that operate abroad are based in Scotland and we must look carefully at how that relationship continues. There is a company that has properties in Scotland and Spain and operates a standard procedure that is, on the whole, fair.
Margo's suggestion, that we ask the STB what consideration it is giving to the issue, is good.
The final date for submissions is 30 April.
The clerks will point that out to the STB.
Is there a timeshare owners association that we should contact?
I am not aware of any national association but within different timeshare schemes there are owners committees.
We will talk to the STB, as suggested.
I also suggest that we send a copy of the document it to the Scottish Consumers Council.
Yes.
Meeting continued in private until 12:34.
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