Chamber and committees

Meeting of the Parliament

Meeting date: Wednesday, June 25, 2014

Housing (Scotland) Bill: Stage 3

The Deputy Presiding Officer (John Scott)

The next item of business is stage 3 of the Housing (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2, the marshalled list and the groupings. The division bell will sound and proceedings will be suspended for five minutes for the first division of the afternoon. The period of voting for the first division will be 30 seconds. Thereafter, I will allow a voting period of one minute for the first division after each debate. Members who wish to speak in a debate on a group of amendments should press their request-to-speak buttons as soon as possible after I call the group.

Section 1—Abolition of the right to buy

The Deputy Presiding Officer

Amendment 38, in the name of Alex Johnstone, is grouped with amendments 39, 71, 72 and 73. I draw members’ attention to the pre-emption information on the groupings.

Alex Johnstone (North East Scotland) (Con)

The purpose of amendment 38 is to remove section 1 of the bill. The effect would be to remove from the bill the attempt to end the right to buy.

The right to buy council houses has been the greatest driver for social change in Scotland in 50 years. It has created strong mixed-tenure communities that to this day remain examples of how we can do that within many of our towns and cities across Scotland. It has driven the aspiration to home ownership and has been a positive thing in many areas.

The pressure to end the right to buy has existed in Scotland for some time and has been manifest within Parliament. However, the notion that we should somehow protect social housing has not been consistent through the discussions that have taken place. Indeed, the notion of social housing was, in effect, created by the Housing (Scotland) Act 2001. As a consequence, it is only since then that we have been able to divide social housing from rented housing or other forms of tenure.

I deny that the so-called loss of social housing is really happening. Of the 1,400 houses that were sold during the last full year for which information is available, only 347 were sold under the modernised right to buy. However, 1,173 houses were sold under the pre-2001 preserved right to buy to people who had been tenants in their properties for more than 12 years—many for significantly longer than that. I maintain that those who exercised their right to buy were long-term tenants who, had they not decided to buy, would have remained long-term tenants. Houses will not be freed up by removing their right to buy. In fact, the suggestion is that, in the first year, as few as 30 houses might be freed for new tenancies as a result of the proposed change.

Let us contrast that with the effect of the bill and its move to end the right to buy. Provisions in the bill will give a two-year period in which people who are entitled to exercise their right to buy will be able to make up their minds whether to exercise that right. I presume that, in an independent Scotland, rights will not be removed instantaneously from our people without compensation, so I presume that the opportunity to exercise an existing right will be maintained.

The effect of the attempt to remove the right to buy will, I believe, be a feeding frenzy in which the Government might lose rather more houses than it expects to save. I believe that it is a mistake to move forward with the abolition of the right to buy at this time, and I believe that doing so will prove to be counterproductive, by the Government’s own criteria.

I move amendment 38.

14:45

Mary Fee (West Scotland) (Lab)

Amendment 72 seeks to reduce from two years to one year the period before abolition of the right to buy. That follows the recommendation of the Infrastructure and Capital Investment Committee and the majority of the evidence that the committee received, and it would enable removal of the right to buy as quickly as possible. Although I am sympathetic to the minister’s wish to allow as much time as possible for people to take up the right to buy before it is abolished, the issue has been in the spotlight for a considerable time, and those who wish to exercise the right have had a decent amount of time in which to do so. One year on from the passing of the bill is, therefore, a fair and equitable period.

I do not support amendments 38, 39, 71 and 73, in the name of Alex Johnstone, which seek to retain the right to buy.

Patrick Harvie (Glasgow) (Green)

I once again record my support for the abolition of the right to buy and state that I oppose Alex Johnstone’s attempt to remove section 1.

Alex Johnstone makes the case that abolition of the right to buy will not, like a magic bullet, transform things overnight. Of course it will not; I do not think that anyone is suggesting that it will. I think that everybody who is proposing abolition of the right to buy recognises that the benefit of abolition will be achieved in the long-term and will be maximised if the measure is accompanied by investment in new-build social housing. I support abolition on those grounds.

Alex Johnstone also tells us that the right to buy

“has driven the aspiration to home ownership”.

I would go further; I would say that it has contributed to stigmatisation of other forms of tenure in our society. If we want mixed communities, we should be aspiring to a situation in which all forms of tenure—owner-occupation, the social rented sector and the private rented sector—are seen as respected options that can provide people with places in which they can choose to live with dignity, rather than to a situation in which the idea is that owner-occupation is the tenure of choice to which everybody ought to aspire.

I will oppose Alex Johnstone’s amendments and will support amendment 72, which will reduce to one year the period prior to abolition.

The Minister for Housing and Welfare (Margaret Burgess)

The Scottish Government’s policy is to end the right to buy. It is a policy that the majority of stakeholders support; I am grateful for that support.

More than 450,000 homes have been sold under the right to buy, which has been a major cause of housing shortages in many areas. Lots of people choose to rent in the social sector, but for others it is their only option. We want to do everything possible to ensure that social rented housing is protected for those people and for future generations. Ending the right to buy will preserve valuable social housing, increase choice for tenants and people who are on waiting lists and help to ensure social housing’s role in mixed-tenure communities in which people want to live.

Again and again, stakeholders have told us that they support the policy. Tenants have told us of the damaging impact that the right to buy has had on the social housing sector, and social landlords have told us how ending the right to buy will help them with their planning and stock management. Yet, in the face of all the evidence saying that the right to buy has had its day and has no place in the Scotland that we want to build, Mr Johnstone continues to call for that outdated and unpopular policy to continue. That can surely only be because of his party’s historic attachment to the right to buy. However, surely even he must accept that it flies in the face of what is best for landlords, tenants and the community as a whole.

Our ending the right to buy does not mean that the Scottish Government does not support home ownership: far from it. However, we do not have to keep losing housing stock in order to help people to get on the housing ladder. We are committed to helping people into home ownership in other ways, and we support a range of schemes to achieve that. I therefore invite Mr Johnstone to seek to withdraw amendment 38 and not to move amendments 71 and 73.

Amendment 39 seeks to remove section 2 from the bill. That section has nothing at all to do with ending the right to buy; it simply clarifies two provisions in the Housing (Scotland) Act 2010. The section protects the right to buy of existing tenants who move to new-supply houses in circumstances that are outwith their control. It also makes it clear that people who lived in social housing before 2 March 2011 and who later became tenants should be treated as new tenants. That was always the 2010 act’s intention, but the provision could have been open to misinterpretation. The bill is simply the first legislative opportunity that we have had to tidy those matters.

Amendment 72, which Mary Fee lodged, would reduce from two years to one year the notice period before the right to buy ends. I share her wish to stop as soon as is reasonably possible the sale of socially rented homes. Most stakeholders told us that they wanted that, too. That is why I lodged a stage 2 amendment to reduce the notice period to two years from the three years that we originally proposed.

I know that Mary Fee disagrees with me, but I do not consider that a period of one year would be fair to tenants. If the notice period were to be reduced to one year, the risk would be that tenants could be rushed into buying something that they cannot afford and that is not right for them. It is important that tenants have time to read the guidance that the Scottish Government will produce, to consider their options and to obtain reputable financial advice.

I will raise one more thing about the notice period. It is important to take into account European convention on human rights considerations. Tenants must be given a fair and reasonable opportunity to exercise their right to buy before it ends. A minimum notice period of two years is fair and reasonable. For those reasons, I cannot support amendment 72.

Alex Johnstone

I will press amendment 38. The right to buy has in recent years been a significant and positive influence on the development of communities. The Government’s attempt to remove that right from Scotland has been driven by political rather than practical aspirations. It is one of those things on which time will tell who is right and who is wrong. I will determinedly dig in my heels today to defend a policy that I believe has contributed positively to large areas of Scotland.

At stage 2, I did not oppose the reduction in the notice period from three to two years, because two years and three years are largely similar. However, the further reduction to a single year that Mary Fee’s amendment 72 proposes would significantly limit individuals’ opportunity to take up an existing right. Consequently, I will oppose that amendment.

The Deputy Presiding Officer

The question is, that amendment 38 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division. As this is the first division at stage 3, I suspend the meeting for five minutes.

14:53 Meeting suspended.

14:58 On resuming—

The Deputy Presiding Officer (Elaine Smith)

We move to the division on amendment 38. The question is, that amendment 38 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 12, Against 103, Abstentions 0.

Amendment 38 disagreed to.

Section 2—Amendment of right to buy provisions

Amendment 39 not moved.

Section 3—Reasonable preference in allocation of social housing

15:00

The Deputy Presiding Officer

Group 2 is on allocation of social housing and creation of short Scottish secure tenancies. Amendment 1, in the name of John Lamont, is grouped with amendments 40, 2, 41, 42 and 4.

John Lamont (Ettrick, Roxburgh and Berwickshire) (Con)

Amendments 1 and 2 seek to introduce a local connection criterion for social landlords to consider when allocating houses. One of the biggest concerns for my constituents is the frustration that local people cannot always secure local housing in their own communities. People are often forced to apply for and take housing in some of the larger settlements in the Borders, which might be several miles away from their family and community and some distance away from their place of work. Such an approach is not consistent with the aim of encouraging cohesive communities.

The purpose of amendment 1 is to enable social landlords to give extra priority to applicants who have a local connection. I initially proposed my amendments at stage 2, when the minister kindly said that although she was sympathetic to my aims, she was concerned that my amendments did not require the applicant to have an unmet housing need. I took that on board and I have lodged redesigned amendments that would ensure that housing need remains a priority for social landlords.

Amendment 1 would give social landlords discretion to define “particular connection” to meet their needs. In rural areas such as the Borders, a local area might be a particular town or village, whereas in a city it might be a particular street, or it might be even more specific than that.

Amendment 2 clarifies that and confirms the intentions behind amendment 1.

All political parties have paid lip service to the notion of supporting local housing allocations policy. Indeed, the Labour Party said in its 2011 manifesto that it wanted to reform the allocations system, to ensure that

“sufficient weight”

was

“given to meeting the needs of local people.”

I hope that the Parliament will support my amendments today.

I move amendment 1.

Jackie Baillie (Dumbarton) (Lab)

Amendment 40 is supported by a number of housing bodies: Homeless Action Scotland, Shelter Scotland, Scottish Churches Housing Action, Crisis and the Legal Services Agency. In essence, amendment 40 would place a requirement on the Scottish ministers to include a definition of “unmet housing needs” in guidance. I am grateful to the minister for meeting me, following stage 2, and for her subsequent letter setting out her intentions, which I will return to.

My concern centres on consistency of approach. The definition of “reasonable preference” appears to rest on the decision of each social landlord on whether someone’s housing needs could indeed be met elsewhere. How that assessment should be made, at what point it should be made and how social landlords will be held to account, particularly if they are not giving appropriate priority to allocating properties to people in housing need, are a bit vague and definitely subjective.

I recognise that the minister’s intentions are good, but I am sure that she would agree that removing the burden of making subjective decisions from social landlords would ensure consistency, which is certainly a desirable outcome.

The amendment also seeks to protect the role of social housing, so that it is not seen as the option of last resort, and links allocations policies to strategic housing priorities.

The minister’s letter helpfully addresses the points raised and it would be useful if she could supplement her response today by publishing the letter in the Scottish Parliament information centre. As the guidance is statutory, it would be helpful if the minister could clarify in her closing remarks whether there would be oversight from the Scottish Housing Regulator.

Before I draw to a close, I will make a couple of brief remarks about John Lamont’s amendments 1 and 2, on local connection. As Homeless Action Scotland and Positive Action in Housing have pointed out, to give priority to people who have a local connection excludes those who are migrants and refugees. In England, where social landlords have introduced a local connection criterion, allocations to black and minority ethnic households have dropped by a quarter. Changes to allocations policies are adversely affecting diversity, so I urge opposition to amendments 1 and 2.

My amendment on succession for carers was not selected. It is the right of Presiding Officers not to select amendments, but nevertheless that was disappointing. There was substantial support for the amendment from carers and carers organisations across Scotland, as well as from a plethora of housing organisations.

I hope that the minister will agree to continue her dialogue with me and those organisations to provide practical reassurance on the implementation of the new restrictions on succession to ensure that the feared negative impact on carers does not materialise.

Alex Johnstone

Amendment 41 would have the unusual effect of putting back in something that the Government took out at stage 2. The consultation and the first draft of the bill contained a section to allow age to be taken into account as a criterion of allocations policy. The measure was removed by the minister at stage 2, following a campaign that argued that it could lead to widespread discrimination against younger people. I believe that the campaign was based on scaremongering and I am aware of no evidence to support the claims about discrimination. The minister argued that age in itself is not an indicator of housing need, but the five organisations that have given me input have never claimed otherwise. The case is based on the argument that, in considering how best to make a particular allocation to someone in significant housing need, it should be possible to consider age as a secondary factor where lifestyle or related issues need to be taken into account in order for a sensible, sustainable let to be made. I believe that the section should be reintroduced to the bill, and that would be the effect of my amendment.

On the other amendments in the group, I support John Lamont’s ideas and have significant experience from my mailbag of the difficulties in certain rural areas, with local people finding it impossible to find a house locally. If local connections were to be considered, that would play a significant role in creating stable communities.

Jackie Baillie’s amendment 40 is one of those amendments that seem to centralise and standardise all decision making. My concern is that it would have the opposite effect and would allow local considerations to be taken into account. Mary Fee’s amendment 42, on the other hand, would have significant value if John Lamont’s amendments or my amendment were not successful. I therefore support amendment 42.

Mary Fee

Amendment 42 would allow the sustainability of communities to be a factor in housing allocation. My amendment would allow local authorities and registered social landlords the flexibility that they told us they wanted when they gave evidence to the Infrastructure and Capital Investment Committee. Local authorities and RSLs know best what is needed to build and sustain their communities. The amendment would allow for a more holistic approach to housing allocation and would have regard to what is best for communities and individuals. It would also allow RSLs and local authorities to build and sustain strong communities.

For the reasons that I have just given, I feel that my amendment deals with allocation in a more appropriate manner, which would not be discriminatory to any group, while still allowing flexibility. For that reason, I will abstain in the decision on amendment 41, in the name of Alex Johnstone.

On amendment 4, I am pleased that the minister has taken on board the points that I raised in my amendment at stage 2 with regard to short Scottish secure tenancies. I am happy to support that amendment.

Patrick Harvie

I wonder whether, before the member finishes her contribution, she would talk about the concerns raised by the Glasgow and West of Scotland Forum of Housing Associations about her amendment 42, which, it suggests, implies that there exists a legal prohibition on taking certain issues into account. The forum does not think that such a prohibition exists. Would she also respond to Shelter’s concern that housing need should be the primary issue? Would Mary Fee respond to those concerns about amendment 42, as this is the only chance to do so?

Mary Fee

I thank the member for his intervention. Amendment 42 specifically addresses the issue of housing need, which should always be a paramount concern. Local authorities and RSLs need to have the flexibility to build and sustain communities, and amendment 42 would give them the flexibility to do that.

Amendment 4 will ensure that any tenant who was to be moved to an SSST is told about the action that caused that, what support is available to them and their right of appeal. I welcome amendment 4.

Margaret Burgess

I will begin by speaking to amendments 1 and 2. As I said at stage 2, I understand communities’ wish for priority to be given to the housing needs of local people but, as I have previously explained, landlords can already take account of the fact that someone lives in a particular area and can give priority to local people, and some landlords do so.

Amendment 1 would require all social landlords to give reasonable preference to applicants with a local connection, regardless of local circumstances. I believe that it is better for landlords to have the flexibility—as they do at the moment—to take local connection into account if they consider that that is right for their area. That more flexible approach is very important for those landlords who provide housing for a particular client group, such as elderly people or veterans, for whom local connection is not always a relevant factor. Those examples illustrate that making local connection a reasonable preference category in legislation would remove a flexibility that is necessary in some cases.

Amendment 2 would allow landlords to take into account the length of time for which an applicant had been resident in an area when they allocate social housing. As I have said, I understand the wish for priority to be given to the housing needs of local people, but that must be balanced against the needs of all applicants. Landlords can already take local connection into account and can consider how long an applicant has been on the housing list. I am concerned that taking into account the length of time for which an applicant has lived in an area could make it more difficult for people to move when they have good reasons for wanting to do so.

Overall, I think that there is sufficient flexibility in the current arrangements, and I do not think that amendments 1 and 2 are the right way forward. Therefore, I invite John Lamont not to press them.

Jackie Baillie’s amendment 40 would remove “unmet housing needs” from the definition in section 3 and instead would require that the circumstances for unmet housing needs should be prescribed in guidance. As Jackie Baillie said, the committee considered an identical amendment at stage 2, when I argued that having the definition on the face of the bill makes it clear that allocations should focus on addressing cases of unmet needs and that a landlord’s reasonable preference categories should give priority to that. That remains the Government’s position.

As Jackie Baillie also said, I met her to discuss that and other points that she had raised. We discussed the steps that we can take to ensure that there is reasonable consistency in the way that landlords assess unmet housing needs. Jackie Baillie and Homeless Action Scotland argued that tying the assessment to local housing strategies would help to achieve consistency. After the meeting, I wrote to Ms Baillie to confirm that section 4 of the bill requires social landlords to have regard to the Government’s guidance on allocation policies, so the guidance is statutory. I also advised that section 4 requires a landlord to have regard to local housing strategies in developing its allocations policy, and that the Government will use the statutory guidance on allocations to highlight that duty.

Jackie Baillie was also interested in how the impact of the new provisions on allocations will be monitored. The independent Scottish Housing Regulator is responsible for monitoring and reporting on the performance of all social landlords. It does so by reference to the Scottish social housing charter, in which the Government has set the outcomes and standards that landlords should meet, which include outcomes on housing options and access to social housing. The Government will use the regulator’s reports for evidence of how the new arrangements are working.

I hope that the outline that I have provided reassures Jackie Baillie and that she will be content not to move amendment 40. If she does so, I invite the chamber to reject it.

15:15

Alex Johnstone’s amendment 41 would reintroduce section 5 into the bill. That would allow landlords to take age into account in the allocation of social housing. I explained in detail at stage 2 my reasons for lodging an amendment to remove section 5, and my position has not changed.

Section 5 provoked a strong reaction. Landlords were keen to have flexibility to manage their stock effectively. Others, such as Scotland’s Commissioner for Children and Young People, were concerned about the potential for discrimination against young people. I discussed the conflicting views with stakeholders. Having carefully weighed up all the arguments, I decided to remove section 5 from the bill.

I was concerned about the possibility of some groups, such as young people, being unintentionally discriminated against, and I was simply not prepared to run that risk. I am very much aware that antisocial behaviour can cause nuisance and distress to neighbours and communities. That is why I am introducing measures under the bill that will provide landlords with additional tools to tackle antisocial behaviour.

As I said at stage 2, there is more scope for sensitive lets to be used by social landlords. Officials will work closely with landlords to develop guidance to provide more advice on how sensitive lets can be used effectively in allocations. Removing section 5 was the right thing to do, and I do not support amendment 41, which seeks to reintroduce it.

The stage 2 equivalent to Mary Fee’s amendment 42 was discussed in committee. I completely understand what Ms Fee is trying to achieve, and why. It is not clear, however, how amendment 42 would work in practice to deliver the outcomes that Mary Fee seeks.

The amendment refers to

“effects ... on the sustainability of particular localities or communities”,

but it does not define what is meant by “sustainability”. I am concerned that, with no proper definition, the provision would mean different things to different people, and would place landlords in an almost impossible position when they had to interpret and apply it.

Different landlords, through different interpretations, could end up applying the provision in very different ways, leading to highly inconsistent and potentially unfair outcomes for people seeking housing in different areas. I do not believe that that is what Mary Fee seeks, but it is what is likely to happen.

Mary Fee

The minister mentioned sensitive lets. Does she not agree with me that the core of my amendment 42 is that same principle of sensitive letting, and that that is what local authorities want to be able to provide?

The Deputy Presiding Officer

Minister, I would be grateful if you could begin to draw your remarks on this grouping to a close.

Margaret Burgess

I will cover the point that Mary Fee has raised.

There is a problem with landlords having to reconcile conflicting interests. The fact that the main stakeholders are divided—as Patrick Harvie mentioned—on the merits of amendment 42 suggests that it is unlikely to achieve what Mary Fee is seeking. The Scottish Federation of Housing Associations supports it, but Shelter and the Glasgow and West of Scotland Forum of Housing Associations oppose it. However, landlords can take account of the overall circumstances, including an individual’s housing needs and the housing options that are available, when making allocations.

As I said earlier, we will work closely with stakeholders and landlords to ensure that that is included when we make guidance on sensitive lettings and local letting initiatives, which we will develop through consultation. The guidance will illustrate the flexibility that is already open to landlords. I believe that that is a more effective means of achieving what Mary Fee and all of us want.

I lodged amendment 4 because of an issue that Mary Fee raised at stage 2. I was happy to do so at this stage, because I agree that it is right that tenants should have enough information to challenge a landlord’s decision to convert their tenancy, if they want to do so.

Amendment 4 provides for that by requiring social landlords to set out a number of things in the conversion notice: first, details of the behaviour of the tenant or other person that the landlord has taken into account; secondly, the reasons why the landlord is serving the notice; and finally, information about the tenant’s right to appeal. I was pleased to take that on board following Mary Fee’s equivalent amendment at stage 2.

The Deputy Presiding Officer

I call on John Lamont to wind up.

John Lamont

The minster states that she believes that the current flexible system is adequate, but it is clear from the correspondence that I get from my constituents that the current system is not adequate, in that local families are not always able to stay in the local community of their choice.

I will deal with some of the remarks that Jackie Baillie made about my amendment 1. Clearly, there is some misunderstanding about the intentions behind my amendments 1 and 2. Those who are homeless, or other priority groups, would still get priority under my proposed measures. Amendment 1 would simply ensure that, where all other factors are equal, local connections would count more than they currently do.

On the suggestion that ethnic minorities could be disadvantaged by my proposal, I point out that it is often the case that ethnic minority groups also want to live close to family members as part of their own community, so they would also be able to take advantage of the amendment.

Jackie Baillie

Could John Lamont explain what has changed about the process in England, where there has been a change to local connection policies and a quarter fewer houses are now allocated to ethnic minority communities than was the case before?

John Lamont

Amendment 1 is not the same as what has been introduced south of the border. I am proposing my own amendment, which I hope will deal with the concerns that I am getting in my mailbag—I am sure that Jackie Baillie is also receiving letters from her constituents, voicing similar concerns about how local social housing is allocated. I intend to press amendments 1 and 2.

The Conservative group will not be supporting amendment 40, in the name of Jackie Baillie, as we would prefer the matter to be left to the discretion of local authorities. We will support amendment 41, in the name of Alex Johnstone, and we will also support amendment 42, in the name of Mary Fee, which we believe gives further discretion to local landlords in the allocation of social housing.

The Deputy Presiding Officer

The question is, that amendment 1 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Brown, Gavin (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

Against

The Deputy Presiding Officer

The result of the division is: For 13, Against 103, Abstentions 0.

Amendment 1 disagreed to.

Amendment 40 not moved.

Amendment 2 moved—[John Lamont].

The Deputy Presiding Officer

The question is, that amendment 2 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

Against

The Deputy Presiding Officer

The result of the division is: For 14, Against 103, Abstentions 0.

Amendment 2 disagreed to.

After section 4

Amendment 41 moved—[Alex Johnstone].

The Deputy Presiding Officer

The question is, that amendment 41 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Abstentions

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

The Deputy Presiding Officer

The result of the division is: For 14, Against 70, Abstentions 33.

Amendment 41 disagreed to.

Amendment 42 moved—[Mary Fee].

The Deputy Presiding Officer

The question is, that amendment 42 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

The Deputy Presiding Officer

The result of the division is: For 47, Against 70, Abstentions 0.

Amendment 42 disagreed to.

Section 8—Creation of short Scottish secure tenancy: antisocial behaviour

Amendment 4 moved—[Margaret Burgess]—and agreed to.

Section 17—Regulated and assured tenancies etc

The Deputy Presiding Officer

Before we turn to the next group, I should say that we have passed the agreed time limit under rule 9.8.4A but that I consider it necessary to allow the debate on group 3 to continue beyond the limit in order to allow those with the right to speak on the amendment in the group—Jim Hume and the minister—to do so. I am afraid that time is very tight this afternoon and, as members will appreciate, we are now over our time limit.

Group 3 is on the right to representation at the first-tier tribunal. Amendment 3, in the name of Jim Hume, is the only amendment in the group.

Jim Hume (South Scotland) (LD)

I am pleased to be able to speak to my amendment 3. I was disappointed that a similar amendment did not receive the necessary support at stage 2. However, I stated then that I was minded to lodge another amendment on the same issue at stage 3 because I believe that the issue is important.

The first-tier tribunals are a welcome addition to the bill. They will deal with some sensitive and important cases, none more so than the eviction of a tenant. Given the seriousness of that matter, I believe that it is important that we ensure that a tenant can obtain legal representation to make the best possible case at a tribunal.

I accept the rationale that the tribunal will provide a more relaxed setting in which to resolve disputes, but evictions are serious and require serious representation. I am keen to ensure that the new tribunal system is not introduced without a clear understanding of how tenants can access justice. That is why I propose that those affected be afforded legal representation through legal aid or an equivalent, assuming that the necessary eligibility criteria are met.

The minister asked me to withdraw a similar amendment at stage 2. She accepted that some people might require legal representation, but the absence of a guarantee from her ensured that I was forced to lodge another amendment on the issue at stage 3.

I thank the minister for meeting me and Homeless Action Scotland earlier this month—after stage 2—to discuss the issue further. I hope that she has taken time to reflect on it and considered how best the Scottish Government can ensure that tenants before a tribunal who face the distressing prospect of losing their home have the ability to present the best possible case. I believe that my amendment 3 can help to achieve that, and I hope that colleagues will support it.

I move amendment 3.

15:30

Margaret Burgess

I agree with Jim Hume that the issue is important, and I will further clarify my position on it.

I still believe that the amendment is not required for the tribunal to balance the interests of landlords and tenants. People who take cases to the tribunal will be able to be represented if they wish. That could be by a friend, family member, lay representative or someone who is legally qualified. Nothing in the bill or in the operational detail of the tribunal will affect that.

Tribunal committees will have a legally qualified chairperson, who will have the expertise to ask questions and seek further information to help parties to make the best of their case. The intention is to set up a system in which most people do not need legal representation, although I am absolutely conscious that some people might need assistance to present their case effectively. I am aware that some cases could raise complex issues and that the subject matter is of a serious nature, particularly when the result could be someone losing their home.

We will consider the most appropriate form of support for parties as part of considering the operational detail of the tribunal. Those issues will be taken into account. Access to justice is at the heart of the process, and we want to allow people to access the tribunal system. We expect that support could be delivered through the provision of funding for legally qualified representation or through the provision of some form of lay representation. When we are setting up the way in which the tribunal operates, we will certainly consider that.

There is nothing in the bill that prevents legal representation for people. My clear intention is that, where it is required, it will be available.

Jim Hume

There can be nothing more galling than facing eviction. It is difficult to believe that a tenant facing eviction will always be the best-placed person to put forward their case. That is why I believed that it was necessary to get a clearer understanding of how tenants can access justice, and why I lodged amendment 3, with the help of Homeless Action Scotland. We have heard words that lead me to believe that tenants will be able to get such help. I shall therefore seek to withdraw the amendment.

Amendment 3, by agreement, withdrawn.

After section 21

The Deputy Presiding Officer

Group 4 is on landlord registration: letting code. Amendment 5, in the name of Patrick Harvie, is the only amendment in the group.

Patrick Harvie

During the discussion on the bill, I have consistently welcomed the Government’s intention to produce a code of practice for letting agents. At stage 2, I lodged amendments that explored further details that might be included in the code of practice, and we will have the chance to debate those suggestions again this afternoon.

Although the Government was not persuaded on the inclusion of those specific issues in the code of practice for letting agents, the minister said that the issues would be addressed in the code. If that happens, we will end up with a welcome situation in which letting agents have a code of practice. However, individual landlords will not have a code of practice that sets out the management standards that they need to meet.

If we are to take the whole private sector seriously and improve standards across the board—I am sure that all of us, including the Government, want to do that—we should not have a situation in which those who pay their rent to a letting agent can expect a higher standard than those who pay their rent to a landlord.

Since the Housing (Scotland) Act 2006 inserted a change into the Antisocial Behaviour etc (Scotland) Act 2004, the Government has had the power to produce

“a code of practice, to be known as the Letting Code, making provision about the standards of management of ... any relevant person who enters into, or who seeks to enter into, a lease or occupancy arrangement by virtue of which an unconnected person may use a house as a dwelling and ... any other person who acts for such a relevant person in relation to such a lease or occupancy arrangement.”

Through that pre-existing power to issue a letting code, the Government could have addressed landlords and letting agents in the same way, although perhaps with different approaches that are relevant to those different parts of the industry. That would have addressed the needs of the tenants of landlords as well as the tenants of letting agents. I hope that the minister will say why that route has not been taken and how the Government intends to offer the same protection to the tenants of landlords as the tenants of letting agents are to receive.

I move amendment 5.

The Deputy Presiding Officer

Two members wish to contribute. I am afraid that contributions must be brief.

Mary Fee

I will be very brief, Presiding Officer.

I support amendment 5, in the name of Patrick Harvie, on the letting code. A letting code is an important part of the legislation. Letting agents and landlords need a clear and unambiguous code. The amendment would make a sensible addition to the bill and would strengthen the private rented sector. I therefore support amendment 5.

Alex Johnstone

I will also be brief.

The success of the system that we are putting in place today will rely on the understanding that exists between landlords and tenants. We are trying to make all the landlords—and letting agents, for that matter—do what the good ones have been doing for years. When we do that, we sometimes have to think in terms of carrot and stick. I believe that the amendment is too much stick and not enough carrot.

Margaret Burgess

As Patrick Harvie said, at present the issuing of letting codes is a discretionary power. The power to issue a code was created in 2006. No code has been issued and there are currently no plans to do so.

The relevant legislation would require ministers, before issuing a code, to assess the effectiveness of existing obligations and voluntary arrangements relating to standards of management and, in particular, the effectiveness of landlord registration in dealing with harassment, unlawful evictions and unlawful management practices.

Those important issues will be considered as part of our on-going commitment to consider the effectiveness of the enforcement of landlord registration, but at present we do not consider that a code is needed to address such issues. Significant changes have been made to the regulation of the private rented sector since 2006, including those proposed in the bill. The regulation of letting agents will have a positive impact on letting and property management across the sector.

I reassure Mr Harvie that I remain open to issuing a letting agents code at some point in the future if it would genuinely enhance the existing controls that are in place. I invite him to withdraw amendment 5.

Patrick Harvie

I am sorry that the minister does not see the opportunity to commit now to producing a letting code. She talked about the need to review the effectiveness of landlord registration. However, by the time that the amendment—if it were passed—kicked in and required action from Government, the landlord registration scheme would have been in operation for well over a decade. That would be more than ample time to review its operation.

I think that most members, including those like myself who supported the creation of the landlord registration scheme, would recognise that it has not achieved everything that was hoped for from it, not only because of the legislation but because of the resources available for it.

Finally, in response to Alex Johnstone, I point out that I spent about 10 years as a tenant in the private rented sector and I recognise the big bag of carrots that I gave to my landlords every month. Landlords get paid rent—that is their carrot. It is our responsibility to regulate to ensure that the provision of housing meets the needs of tenants. That is why I will press amendment 5.

The Deputy Presiding Officer

The question is, that amendment 5 be agreed to. Are we all agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 41, Against 77, Abstentions 0.

Amendment 5 disagreed to.

The Deputy Presiding Officer

Group 5 is on houses let for holiday purposes. Amendment 45, in the name of Drew Smith, is grouped with amendments 48 and 67.

Drew Smith (Glasgow) (Lab)

The amendments in group 5 relate to housing that is let for holiday purposes and specifically to an issue that many MSPs will be aware of—very short-term letting of residential property or so-called party flats.

Amendment 45 seeks to extend the scope of landlord registration to encompass such properties in order that records can be kept of individuals who operate those businesses. That will have the effect of making it easier to trace the landlords responsible should disturbance to neighbours become an issue as a result of very short-term letting. It will also mean that landlords who seek to operate holiday businesses in what are otherwise residential buildings will be subject to a fit-and-proper-person test.

By way of very brief background, my motivation for the amendments in group 5 has been the experience of many of my constituents in Glasgow city centre who have had the enjoyment of their homes severely limited by the letting of neighbouring flats, which has resulted in severe and sustained antisocial behaviour, noise nuisance and problems in maintaining common areas.

At a meeting with members of the Beresford residents committee on Monday, I was told of how some guests at these properties seemed to be under the impression that the residents’ concierge in their building was in fact a hotel porter. In itself, that might not be a very serious issue but it illustrates the point that many of the guests who book such properties are entirely unaware that they are in fact hiring rooms in a building in which others have their homes.

None of my amendments seek to ban very short-term holiday letting; they are about a sensible level of regulation, which will ensure that the use of one person’s property or number of properties does not have an impact upon others that restricts their ability to enjoy their home and which results in police being called regularly.

Amendment 48 was previously rejected by Government members at the committee stage. It seeks to extend the power of closure of party flats to local authorities. The power to close is not a new one and clear criteria already exist as to when such a last resort action is appropriate—when there are persistent issues of antisocial behaviour relating to a particular property and when the authorities think that continued operation is likely to result in further nuisance to neighbours.

At present, that power resides only with the police. My proposal is simply to extend that power to include councils, which are likely to be better informed than the police about the issues that are occurring regularly and the extent to which landlords have been prepared to help resolve them. Crucially, I think that councils have more time than the police to take proportionate action in support of long-term solutions rather than simply address the situation as it exists when a police officer is called.

Amendment 67 is a straightforward consequential amendment so I will not take up Parliament’s time on it.

I move amendment 45.

The Deputy Presiding Officer

We have little time. Alex Johnstone is next—very briefly, please.

Alex Johnstone

Very briefly indeed, I thank Drew Smith for bringing the issue of party flats to my attention and to the attention of others when it was discussed at committee stage. However, I have concerns about the amendments, given that they specifically address houses that are let for holiday purposes. I am not reassured that the amendments would not have an effect that significantly oversteps the effect that Drew Smith seeks to achieve.

Margaret Burgess

I understand the problems that can be caused by antisocial behaviour in properties that are let on a short-term basis, but I consider that it would be a disproportionate response to require every house that is used for holiday purposes to be registered, as proposed by amendment 45. To do so would mean that properties that are let even for a short period of time would have to be registered, placing a significant additional burden on property owners, local authorities and the tourism industry of Scotland more generally. Landlord registration was not introduced for that purpose.

Local authorities already have powers to tackle antisocial behaviour in properties that are let for holiday purposes. For example, under part 7 of the Antisocial Behaviour etc (Scotland) Act 2004, local authorities can serve an antisocial behaviour notice on a private landlord where an occupant or visitor engages in antisocial behaviour at, or in the locality, of the house.

In a landmark case last year, the City of Edinburgh Council successfully used existing legislation to apply for a management control order for two party flats in Grove Street. That enabled the council to assume all landlord responsibilities for a period of 12 months. I expect other local authorities to use the existing legislation to take similar action where antisocial behaviour in holiday lets is causing difficulties.

Amendment 48 is the same as an amendment that Drew Smith lodged at stage 2. I explained then that the Scottish Government introduced an order in March 2011 that gives local authorities the powers to deal specifically with the problem of antisocial behaviour in properties that are let for holiday use.

I have already highlighted City of Edinburgh Council’s success in using existing legislation to tackle the issue, and I do not consider that amendment 48 is necessary. Local authorities have a range of powers that they should use to deal with antisocial behaviour in holiday lets.

I do not support Drew Smith’s amendment 45, and I ask him not to move amendments 48 and 67.

Drew Smith

I understand the minister’s principal objection, which is that existing law already allows most of those problems to be resolved. However, if that was the case, I would not be having meetings with members of the public such as the one that I had on Monday in which people told me that their home life is being made a living hell as a result of the inappropriate use or inconsiderate behaviour of others.

Those people were very complimentary about the action that Glasgow City Council took in their case, and they recognised that the council had been instrumental in reducing the problems that they had faced. However, they made it clear to me that issues remain where landlords are unco-operative and unwilling to engage in finding a solution.

Officials from the council are in the Parliament today; they recognise that my amendments could result in more work, but they are willing to do that work to restore the quality of life for those who are affected.

None of the amendments that I have lodged are prescriptive. Amendment 48 simply enables the Scottish Government to provide for closure regulations if it sees fit and if evidence is forthcoming from councils that that would make a difference.

On Alex Johnstone’s point, amendment 45 on registration would leave it up to the Scottish ministers to define precisely who would be affected. Regulations under the Antisocial Behaviour etc (Scotland) Act 2004 mean that the types of dwellings to be registered would remain entirely in the gift of ministers, so Alex Johnstone’s concern that the provision would be too broad could be factored into the guidance that will be produced if the amendment is successful. The amendment simply removes the current blanket exemption for homes that are let for any holiday purpose.

I press amendment 45.

The Deputy Presiding Officer

The question is, that amendment 45 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 41, Against 76, Abstentions 0.

Amendment 45 disagreed to.

Section 22B—Electrical safety inspections

The Deputy Presiding Officer

Group 6 is on private rented housing: the repairing standard. Amendment 6, in the name of the minister, is grouped with amendments 7, 46 and 47.

Margaret Burgess

Amendment 6 proposes to remove the transitional provision in the electrical safety inspection regime for private rented housing, which was inserted in the bill at stage 2 by an amendment in the name of Bob Doris.

The transitional provision in section 22B would give those who are already landlords when the regime comes into force a year to undertake electrical safety inspections. However, there are two difficulties with that. First, landlords would have only a year from the commencement date to arrange inspections, and the provision would not recognise any inspections that had been carried out before it came into force. That would cause practical difficulties for landlords and electricians, and it would likely discourage landlords from carrying out any planned inspections in the period prior to commencement. That would be worse for tenants and contrary to the intention of the original amendment.

A transitional provision is still required, but I intend to use the general power in section 85(5) to make the commencement order for section 22B. That approach will allow time to work with stakeholders and develop a provision that will avoid delay, protect tenants and be fair to landlords.

I have written to Bob Doris about amendment 6, and he has indicated that he supports the approach. The Electrical Safety Council and the Scottish Association of Landlords, two of the key stakeholders whose submissions encouraged me to support Bob Doris’s original amendment, have also indicated their support.

Amendment 7 seeks to introduce a provision on energy efficiency standards in private rented sector properties. Claudia Beamish lodged a similar amendment at stage 2, and I acknowledge that she has sought in this new amendment to address one of the concerns that I expressed at that time. However, several issues remain that mean that the amendment is unnecessary and inappropriate.

Under the Climate Change (Scotland) Act 2009 and the Energy Act 2011, the Scottish ministers already have powers to introduce minimum standards for energy efficiency in private sector housing, and we have made very clear our commitment to improving energy efficiency to help address fuel poverty and reduce carbon emissions from housing. For example, central Government spend in Scotland in the past financial year is higher than that elsewhere in the UK at an average of £36.48 for each low-income household in Scotland compared with only £3.52 in England. We are working with stakeholders including environmental, fuel poverty, local authority, private rented sector and consumer interests to identify proposals for minimum energy efficiency standards for consultation in spring 2015.

Although amendment 7 extends the timescale, it would still constrain the time available to understand properly the issues identified by the working group, particularly on the level of regulation that is technically feasible and appropriate, and to conduct supporting research. Consultation on the Scottish Government’s sustainable housing strategy also strongly indicated the need for a sufficient lead-in time for the sector to prepare for minimum standards.

My amendment to enable the repairing standard to be amended by regulations, which was agreed to at stage 2, provides the means to vary the repairing standard. After appropriate consideration and consultation, we think that this is the most effective way to regulate the private rented sector. For those reasons, I do not consider that amendment 7 is necessary or that it would achieve the desired purpose.

Amendment 46 seeks to make landlords in breach of the repairing standard if they fail to pay for their share of work to common parts, and makes such a failure a criminal offence. Private landlords are already required to meet the repairing standard, and that requirement can be enforced by an application to the Private Rented Housing Panel by a tenant and, under the provisions introduced by the bill, by a local authority on behalf of a tenant. In addition, an owner of a tenement property can already enforce a majority decision of owners about repairs against any other owner under the tenement management scheme.

Amendment 46 would also make repairs that are not required under the repairing standard, such as repairs to common entry systems or common public lighting that is inadequate but not in serious disrepair, matters that can be brought before the Private Rented Housing Panel. I do not think it appropriate to widen the panel’s remit and require it to adjudicate in disputes between owners instead of dealing with matters that are set out in legislation on behalf of the tenants.

Amendment 47, in the name of Malcolm Chisholm, seeks to specify two additional types of person who may apply to the Private Rented Housing Panel for a determination in respect of the repairing standard. The bill enables local authorities to make such applications, and new inspection powers that are part of the third-party reporting provisions support the strategic role that local authorities play in ensuring that properties across Scotland meet minimum standards. The bill also enables ministers to make an order extending the range of bodies that can make applications in future, if that is considered useful.

However, I believe it important first to allow local authorities the time to exercise the bill’s new powers to tackle poor standards in the private rented sector. Consideration of the effective use of third-party reporting powers by local authorities once the provisions are implemented will indicate whether there is any justification for expanding the powers to additional types of person.

I believe that the bill strikes the right balance in allowing local authorities to make the applications and granting a power to ministers to broaden access to the Private Rented Housing Panel through secondary legislation, if that is considered necessary and appropriate in the future.

I move amendment 6.

Claudia Beamish (South Scotland) (Lab)

Amendment 7 seeks to allow the Scottish ministers to create regulations on energy efficiency standards, which would be included as part of the repairing standard in the private rented sector. It would also establish a system of inspection and enforcement.

As she highlighted, the minister put forward reasons for not supporting my amendment at stage 2. I intend to address the amendment, even though those remarks have already been made.

First, it was highlighted today that the minister felt that including the provision in the bill was unnecessary because the Climate Change (Scotland) Act 2009 provides powers to introduce minimum standards of energy efficiency. Although that is the case, I still argue that the phraseology of section 64 of the 2009 act is different and less focused than what I suggest. It requires ministers to set regulations to provide for the assessment of energy performance and greenhouse gas emissions and requires owners to take steps to improve the accommodation. That may or may not be realised through minimum standards, which is what I propose. In addition, it does not specifically address the standards where a house forms only part of a premises, which my amendment does.

Another argument that the minister put forward against the amendment was that a working group is already tasked with reporting back on measures to improve energy efficiency in the domestic housing sector. Again, I support the reasoning behind the setting up of such a group and wish it well, but there are energy efficiency measures that my amendment highlights that would be best placed in the bill among the provisions that relate to the repairing standard. Organisations such as the Royal Institution of Chartered Surveyors, the City of Edinburgh Council and Friends of the Earth Scotland agree with that approach.

Others may disagree and would like to wait for some as yet not defined piece of legislation in the future. If and when that legislation comes before the chamber, there is no reason why it cannot refer to the amendment to the bill. I see no reason to wait and to actively oppose amendment 7. Tenants are suffering from fuel poverty in multi-ownership houses, and it is important that that is addressed now.

The final criticism that the minister put forward at stage 2 related to the timescale. As she has acknowledged today, I have altered the timescale. That should help the possibility of amendment 7 being accepted and the regulations being taken forward. Even at this late stage, I hope that the minister will reconsider.

Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)

Amendments 46 and 47 deal with massive problems in Edinburgh, which is why their substance was supported by the Labour-Scottish National Party council in Edinburgh in its submission on the bill.

Amendment 46 deals with the problem of landlords not taking part in and paying their share of common repairs. It says that it would be a breach of the repairing standard if a landlord failed

“to pay the landlord’s share of the cost of repairs”.

Under amendment 46, the landlord could be referred to the Private Rented Housing Panel and, if they did not contribute to common repairs, they could be found guilty of an offence and face removal from the register. It is time that we used the register to put pressure on landlords and not just as a bureaucratic exercise. This could be one important example of using the register.

The minister referred to the Tenements (Scotland) Act 2004, but it can be a disincentive for some people because of its complexity and the time that the process sometimes takes.

Amendment 47 would allow owners of an adjoining property and organisations that provide advice services to report breaches of the repairing standard to the Private Rented Housing Panel; in other words, it says that not just the local authority should do that. Certain people may not want to go to the local authority or, indeed, the local authority could decide not to report, I presume. Therefore, we should give that power to adjoining residents. Again, that problem is often brought to me in surgeries, and I know that my constituents would expect me to press the amendment.

The issue of advice services is also relevant, because some residents may prefer to access support through an advice agency rather than the local authority either because it is conveniently located or because they have some special relationship with it.

I am minded, as we all are on this side of the chamber, to oppose the minister’s amendment 6 on removing the obligation for a landlord to ensure that an inspection is carried out within 12 months of the housing act coming into force. I listened carefully to her arguments, but if she identified such a problem, why did she not move an amendment saying that an inspection had to be carried out one year from the commencement date unless one had been carried out in the intervening period? That would have been the absolutely simple and obvious thing for her to do, if the reason that she gave was the real reason.

16:00

The Deputy Presiding Officer

I have two members who wish to contribute. Bob Doris will be followed by Alex Johnstone; I ask that they be as brief as possible.

Bob Doris (Glasgow) (SNP)

I will try to be brief and to stick to amendment 6.

I am content that the general power under section 85(5) would be adequate in relation to the commencement order in section 22B, which was added to the bill at stage 2 by my amendment. The vast majority of section 22B remains fully intact. It will place a requirement on all private landlords to ensure that all fixtures, fittings and appliances have relevant electrical safety checks every five years. That is a new burden and responsibility on the private sector. Amendment 6 is merely an implementing and consequential amendment, to ensure that there are no unintended consequences.

I point out to Malcolm Chisholm that Electrical Safety First, the organisation that worked with me to bring my amendment to the Parliament, is content with the provisions; so, too, is the Scottish Association of Landlords, which has been critical about the issue.

It is not very often that a member comes to the chamber and places an additional burden and responsibility on landlords and they step forward and say, “Yes, we’re up for that. It is the right thing to do.” That is what has happened and we should welcome that. We should support amendment 6.

I thank Electrical Safety First and the Scottish Association of Landlords. I ask that Parliament support amendment 6.

Alex Johnstone

I support amendment 6, in the name of the minister, and I accept her position on amendments 7 and 47. However, I confess that I have some attraction to amendment 46, in the name of Malcolm Chisholm.

I heard what the minister said about the repairing standard and how that process is available by other means. I seek further assurances from her that the means that she described to deal with the circumstances are not of the type that would, in effect, exclude people as a result of onerous processes.

The Deputy Presiding Officer

Members will note that we have passed the agreed time limit for the debate on group 6. Therefore, I exercise my power under rule 9.8.4A to allow the debate on the group to continue beyond the limit in order to avoid the debate being unreasonably curtailed.

I ask the minister to wind up.

Margaret Burgess

In response to Malcolm Chisholm, I accept that it would have been preferable to set out the transitional rules in the bill. However, as Bob Doris said, we want to ensure that there are no unintended consequences. I have considered the views of stakeholders. Consequently, we need further engagement to develop a solution that will protect tenants, be fair to landlords and avoid unnecessary delay in bringing the measure into force.

On energy efficiency standards, we are taking a proportionate approach. We are examining how to progress the issue with the active participation of stakeholders. It is only sensible to continue that process by looking at all private housing and not just the rented sector.

The Deputy Presiding Officer

Excuse me, minister. I am afraid that the noise in the chamber is becoming rather loud. Can we hear the minister, please?

Margaret Burgess

If, after the Scottish Government’s planned consultation on energy efficiency, it is considered appropriate to vary the repairing standard in relation to energy efficiency, that can be done through regulation-making powers.

The Deputy Presiding Officer

The question is, that amendment 6 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

The Deputy Presiding Officer

The result of the division is: For 82, Against 33, Abstentions 0.

Amendment 6 agreed to.

After section 22B

Amendment 7 moved—[Claudia Beamish].

The Deputy Presiding Officer

The question is, that amendment 7 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 41, Against 74, Abstentions 0.

Amendment 7 disagreed to.

Before section 23

Amendment 46 moved—[Malcolm Chisholm].

The Deputy Presiding Officer

The question is, that amendment 46 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 41, Against 75, Abstentions 0.

Amendment 46 disagreed to.

Section 23—Third party application in respect of the repairing standard

Amendment 47 moved—[Malcolm Chisholm].

The Deputy Presiding Officer

The question is, that amendment 47 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 41, Against 75, Abstentions 0.

Amendment 47 disagreed to.

After section 25

Amendment 48 moved—[Drew Smith].

The Deputy Presiding Officer

The question is, that amendment 48 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, John (Ayr) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 75, Abstentions 0.

Amendment 48 disagreed to.

The Deputy Presiding Officer

The next group of amendments is on private rented housing, rent reviews, rent increases and security of tenure. Amendment 49, in the name of James Kelly, is grouped with amendments 50, 68 and 69.

James Kelly (Rutherglen) (Lab)

There is no doubt that the biggest problem that we face in Scotland in relation to housing is the lack of supply. That is partly because we have the lowest number of completions since 1947. That is witnessed in the social housing waiting list of 155,000 people.

One of the consequences of that has been the massive growth in the private rented sector, which has doubled in size to 300,000 households and contains people who have not been able to get houses either in the social sector or in the private purchasing sector. There is no doubt that the resultant rise in the private rented sector has placed too much power in the hands of landlords and letting agents and that, as a consequence, there have been unacceptable rent rises in some parts of the country.

That can be witnessed by the recent Citylets quarterly report, in relation to which Thomas Ashdown of Citylets said that urban hotspots are providing great returns for landlords. There is no doubt that that is true, and the report gives some examples. Average rents in the EH8 postcode in Edinburgh have experienced a year-on-year rise of 8.9 per cent. The figure for DD1, in Dundee, is 17.5 per cent, and the figure for G2, in Glasgow, is 21.5 per cent. Those inflation-busting rises heap misery on many of the families who are struggling in the private rented sector. The Joseph Rowntree Foundation reckons that, of the 120,000 households that are in poverty, 40 per cent are having to cut back on heating and a third are cutting back on food.

Through this bill, Parliament has the opportunity to do something about that by supporting Labour’s proposals to cap rent rises and to ensure that rent reviews take place no more than once a year. We are not proposing a specific scheme; we are asking for Parliament to agree to the principle and for the Scottish Government to lay regulations before Parliament by 1 April 2015. That would allow the Government, in proper consultation, to work up a proper scheme and to cap rises at an acceptable level.

The issue is also linked to tenancies. As the size of the market has grown, there has been a growing number of short tenancies. It is reckoned that 74 per cent of the tenancies in the market are short tenancies, which drive up rent. They also result in pressure being put on vulnerable tenants, who sometimes have to deal with housing problems not being addressed, repairs not being done and a lack of quality housing. Therefore, we propose a three-year tenancy, giving tenants the ability to terminate a tenancy with one month’s notice and landlords the ability to terminate contracts with two months’ notice. Again, we want regulations on that matter to be laid before Parliament by 1 April 2015.

The recent welfare expert group recognised that issue and supported longer tenancies. It also supported capping rent increases. Surely, on this issue, if it is good enough for the Government’s expert group, it should be good enough to be included in the bill.

I urge Parliament to support the amendments.

I move amendment 49.

The Deputy Presiding Officer

We are tight for time, so I ask Mr Johnstone to be brief.

16:15

Alex Johnstone

I do not disagree with James Kelly’s analysis of the cause of the growth in the private rented sector. It is only fair to say that the demand that other pressures in the system have created is demonstrating how supply and demand work in a marketplace, although the way in which the rental market in some areas of Edinburgh and Aberdeen operates is divorced from the system that we have been describing.

However, I disagree with James Kelly on the solutions. The private rented sector has grown so much because of demand, and it has satisfied that demand because the market has supported it. If we intervene in the market by capping rents or doing other things, the private rented sector will simply begin to melt away. If a private landlord sees a lack of return from his property, he has the option to place it on the market, which shrinks the private rented sector.

There are definitely problems. James Kelly has identified them, but he has not identified the appropriate solution.

Patrick Harvie

Alex Johnstone attempts to portray a picture of a well-functioning market. We can no longer afford to regard the private rented sector as involving just a free market exchange between equals. As James Kelly said, the sector has doubled in size in 10 years. Some in the sector want it to double again in coming years.

For a growing proportion of our population, no other housing is available. Our society is not making social housing available and the economy is not making owner occupation affordable, so those people are stuck between a rock and a hard place. They are left to depend only on the private rented sector and they are far too open to exploitation.

I will support amendments 49 and 50, but I particularly support the security of tenure proposals. Security of tenure underpins pretty much everything else that the Government is trying to achieve under the bill. It underpins every area in which tenants are vulnerable to exploitation by landlords who are willing to exploit their current position of power.

The Government has previously indicated that it will not accept amendments to the bill on such subjects but that it is open to the longer-term argument. I hope that the minister will say something about the timescale on which the Government intends to take action, even if it does not support amendments 49 and 50.

On security of tenure and rent reviews, we are not looking for anything dramatically radical; we are looking only to join the European main stream, where some rent control and a more secure model of tenure are the norm. That enables tenants to live with a bit of dignity in the private rented sector.

Margaret Burgess

When we debated similar amendments from James Kelly at stage 2, I said that they would impose potentially onerous regulations without any consultation and without a clear understanding of their impact on tenants and landlords.

Rent levels were not raised by anyone in the ICI committee’s evidence sessions or at stakeholder events, other than by Patrick Harvie. Many stakeholders have expressed their surprise at the proposed late addition to the bill and have noted their concerns about the lack of proper consultation.

In contrast to Mr Kelly’s last-minute intervention, the Scottish Government has been looking at reform of the private rented sector tenancy regime as part of its wider strategy for the sector. We commissioned an independent review of the tenancy regime last year and received the report of that review a few weeks ago.

The review recommended that we introduce a new tenancy regime. We will consult on that in the autumn and, at the same time, we will explore issues that relate to rent levels. That will allow us to understand the problem across Scotland—including in hotspots such as Aberdeen—and to identify in consultation with tenants and landlords what might need to be done to ensure that tenants in the private rented sector get a fair deal.

That is the right way to develop legislation on complex matters, so that we minimise the risk of it backfiring on tenants and landlords, as I fear that the approach in Mr Kelly’s amendments would do.

Amendment 50 would place a duty on the Scottish ministers to introduce regulations to establish the new type of tenancy that I mentioned. Like amendment 49, it would introduce a significant new duty on ministers in respect of matters that formed no part of the bill as introduced. Consequently, I have the same objection in principle to amendment 50 as I had to amendment 49. I have talked about what we are doing in relation to a new tenancy in the private rented sector.

James Kelly

The minister suggested that the amendments that I have lodged are somehow last-minute amendments. When we debated housing in December, I made absolutely clear, in response to a speech from Patrick Harvie, that we would consider rent controls and tenancies. I made that clear at stage 1, too. These are not last-minute amendments; they are amendments that address issues that are happening on the ground just now, which it is incumbent on the Government to address.

Alex Johnstone said that the market merely responds to demand and that landlords are entitled to a fair return. However, the Citylets report talks about rent rises of 16 per cent in Dundee and Aberdeen. Landlords are getting massive returns.

The minister complained that my proposed approach would be too onerous for landlords and letting agents. What about the onerous burdens that are being borne by people in poverty, who must decide whether to cut back on their fuel bills so that they can pay their rent? Those are the onerous burdens that we should be addressing.

Why is the Government launching another consultation? All afternoon, in response to amendments from other parties, the Government has said that it will launch a consultation. This Government had three years to consult on the bill; it should be getting it right now—[Interruption.]

The Deputy Presiding Officer (John Scott)

Order.

James Kelly

We lodged amendments that would make a difference on the ground and help tenants in the private rented sector. It is time to consider what would make a difference. I urge members to support the amendments in this group and help tenants in the private rented sector.

The Deputy Presiding Officer

The question is, that amendment 49 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For:

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against:

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 37, Against 80, Abstentions 0.

Amendment 49 disagreed to.

Amendment 50 moved—[James Kelly].

The Deputy Presiding Officer

The question is, that amendment 50 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For:

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against:

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 42, Against 75, Abstentions 0.

Amendment 50 disagreed to.

The Deputy Presiding Officer

Amendment 51, in the name of Drew Smith, is grouped with amendment 70.

Drew Smith

The amendments in group 8 provide for the creation of enhanced enforcement areas. The principal amendment in the group is amendment 51. Amendment 70 would ensure that the detail of regulation provided under amendment 51 would be subject to further parliamentary scrutiny under the affirmative procedure.

The argument for enhanced enforcement areas has been made in the briefing that has been provided to all members by the Convention of Scottish Local Authorities. In a nutshell, areas where enhanced enforcement powers should be available are those where local authorities and, indeed, local communities have identified persistent problems in the rental sector that are difficult to resolve and require a range of measures rather than one-off or discrete policy solutions. There are areas where a number of rogue private sector landlords are contributors to wider problems such as multiple repair and management failures that affect not just their tenants but the wider community in which their businesses operate.

The power that is proposed is discretionary, time limited and targeted. Enhanced enforcement is not about a broader increase in regulatory power but about a recognition that in some places there are exceptional circumstances that justify a response that would not be considered proportionate if it was applied everywhere. I have no expectation that anything other than a small number of applications for enhanced enforcement area status would be forthcoming, and it would be for the Scottish ministers to determine whether applications would be granted.

The kinds of enhanced provisions that I have in mind, which COSLA has discussed with the Scottish Government, include criminal record checks on individuals seeking to register as landlords, powers of entry and powers to inspect documents. In amendment 51 I have left the exact detail of what powers could be granted and in what circumstances to the Scottish ministers to determine, because the amendment is about responding to exceptional local circumstances.

Housing should provide homes for individuals and families; it should not be a source of exploitation of tenants or other criminality. Members who represent Glasgow will be aware that Govanhill is an area where a range of problems relating to housing exist and where concerted effort is needed to make change at the community level. Glasgow members will also be aware that amendments 51 and 70 are supported by COSLA and explicitly by Glasgow City Council.

Glasgow City Council told me that the minister’s decision not to include enhanced enforcement areas in the bill, as promised, restricts its ability to support the community in Govanhill to achieve a better quality of local environment and decent and safe homes for the people who live there. I ask Parliament to support amendment 51.

I move amendment 51.

The Deputy Presiding Officer

As we are falling behind, I invite Sandra White to speak briefly.

Sandra White (Glasgow Kelvin) (SNP)

I rise to support amendment 51, which will tackle the very serious problems that Drew Smith mentioned. A previous group of amendments concerned party flats. I believe that people in the Beresford building and other places in Glasgow city centre in my constituency who live near antisocial tenants will benefit from the power in amendment 51. I thank the minister for meeting me and others and I look forward to supporting amendment 51.

Alex Johnstone

I understand why amendment 51 has been lodged, but surely when we pass the bill its powers should be enforced fairly and equally across the country. I believe that there should be enhanced enforcement, but I believe that people outside enhanced enforcement areas should have the same level of protection as those within them. For that reason I believe that we should not have enhanced enforcement areas.

Margaret Burgess

I appreciate the concerns from members across the chamber regarding local authorities’ ability to tackle poor property management and conditions. We have included further powers in the bill for local authorities to tackle those problems, including a new power of inspection where a local authority believes that the repairing standard is not being met, and third-party reporting rights to the Private Rented Housing Panel. Those powers will apply throughout Scotland.

We recognise that, as Drew Smith said, the power to designate enhanced enforcement areas would be used in exceptional circumstances and that many local authorities might not use it. However, the power would be there for local authorities to use in circumstances in which it would help to tackle acute problems in their area. On that basis the Government is happy to support amendments 51 and 70 and invites the chamber to do the same.

Drew Smith

Alex Johnstone’s argument was perhaps for an extension of enhanced enforcement areas. Perhaps he could take up the issues that he was concerned with in the areas that he represents.

I am grateful for the comments from Sandra White and the minister and for the Government’s support for the amendment. I hope that it will lead to a continuation of the partnership that I believe exists between Glasgow City Council and the Scottish Government on tackling the serious issues that are faced by the constituents of a number of members in the Govanhill area. I hope that lessons learned in that area will assist communities represented by other members.

Amendment 51 agreed to.

16:30

Section 30—Fit and proper person considerations

The Deputy Presiding Officer

We move to group 9. Amendment 52, in the name of the minister, is grouped with amendments 53, 8 and 9.

Margaret Burgess

I will first speak to amendments 52 and 53. The Scottish Government is giving full and careful consideration to the recent Supreme Court ruling that mandatory disclosure of all previous convictions, including spent convictions, is contrary to article 8 of the European convention on human rights. The amendments to the fit-and-proper-person test for letting agents are in response to that ruling. They retain the policy intention to be able to check the accuracy of information that has been disclosed, but clarify that that does not include spent convictions.

Amendment 53 will change the existing level of disclosure for letting agent registration that may be required by the Scottish ministers, where they have reasonable grounds to suspect that material falling under section 30(2) of the bill is, or has become, inaccurate. That will now be at the basic disclosure level. Amendment 52 further makes it clear that spent convictions do not fall under the material that is set out at section 30(2).

Amendments 8 and 9 are also in my name. Both amendments will modify section 35, which deals with revocation of a registration. At present, section 35 will allow the Scottish ministers to deregister a letting agent if the agent or key personnel are no longer fit and proper. Amendments 8 and 9 will also allow that where the letting agent or key person is not fit and proper. For example, if a mistake had been made, or information had been withheld at the time of the application, the Scottish ministers may find that the applicant or key person had never been fit and proper, and would subsequently seek to remove them from the register.

Amendment 9 also provides the power to revoke a registration where a change of circumstances under section 33 triggers a failure of the fit-and-proper-person test, where a key person transpires not to be, or is deemed no longer to be, fit and proper.

I move amendment 52.

James Kelly

I wish to support amendments 52 and 53. They make good sense in that they are consistent with current employment practice and ECHR, as they will ensure that spent convictions are not taken into account in the fit-and-proper-person test.

In relation to amendment 53, which deals with the inclusion of the criminal conviction certificate, what checks can be introduced to ensure that the information that will be collected as a result of section 30 is accurate, and to flag up inaccuracies? What monitoring will be in place as a result of section 30?

Margaret Burgess

Amendments 52 and 53 will ensure accuracy. I am not sure what Mr Kelly is looking for, further to that. We are retaining the policy intention to be able to check the accuracy of information that has been disclosed, but as I previously said, we are clarifying that it will be a basic disclosure and not enhanced disclosure.

Amendment 52 agreed to.

Section 31A—Fit and proper person: criminal record information

Amendment 53 moved—[Margaret Burgess]—and agreed to.

Section 34—Duration of registration

The Deputy Presiding Officer

We move to group 10. Amendment 54, in the name of Mary Fee, is grouped with amendment 55.

Mary Fee

As amendments 54 and 55 are fairly simplistic, Presiding Officer, you will be pleased to know that I will be fairly brief. Both of them would require landlords to register on an annual basis—[Interruption.]

The Deputy Presiding Officer

Could members who are leaving the chamber do so quickly and quietly, please?

Mary Fee

Amendments 54 and 55 would require landlords to register annually instead of every three years, as is proposed in the bill. My amendments would tighten up the process and would lead to greater confidence and security for tenants, because they would allow problems to be caught and dealt with more quickly.

There is nothing to suggest that the registration process would be onerous once the initial registration had been done, so it makes sense to require landlords to reregister annually.

I move amendment 54.

Margaret Burgess

As things stand, the Scottish ministers can consider a breach of the fit-and-proper-person test or of the code of practice at any time during the three-year registration period. Section 35 provides the Scottish ministers with the power to revoke a registration if the agent is no longer a fit and proper person. I consider the use of a three-year registration cycle to be a proportionate approach that will safeguard clients without placing an onerous burden on the industry. It would be disproportionate to have a period of anything less than three years, so I do not support amendments 54 and 55.

Mary Fee

I welcome the minister’s comments, but she makes the presumption that registration is a lengthy and onerous process and that we would be placing a burden on the Government and letting agents. There is no evidence to support that so, on that ground, I press amendment 54.

The Deputy Presiding Officer

The question is, that amendment 54 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 39, Against 73, Abstentions 0.

Amendment 54 disagreed to.

Amendment 55 moved—[Mary Fee].

The Deputy Presiding Officer

The question is, that amendment 55 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 37, Against 74, Abstentions 0.

Amendment 55 disagreed to.

Section 35—Revocation of registration

Amendments 8 and 9 moved—[Margaret Burgess]—and agreed to.

After section 35

The Deputy Presiding Officer

We come to group 11. Amendment 10, in the name of the minister, is grouped with amendments 11, 12 and 14 to 16.

Margaret Burgess

Currently, the bill makes no specific provision to allow a letting agent to terminate their registration voluntarily—for example, if the agent retires. Amendment 10 provides a mechanism for a letting agent to apply to the Scottish ministers to terminate their registration. The mechanism requires the Scottish ministers to comply if they are satisfied that the agent has ceased to operate or that it is otherwise appropriate to do so. Should the Scottish ministers decide to refuse an application, they must provide their reasons for doing so.

Alex Johnstone’s amendment 11 also seeks to establish a mechanism for removal of a registration, on application. However, amendment 11 would require the Scottish ministers to be satisfied that

“the letting agent has made adequate arrangements with respect to”

the business. It is unclear, however, what those arrangements would be. Given that the Scottish ministers would be required to assess the arrangements’ adequacy, I cannot support the amendment. I therefore ask Alex Johnstone not to move amendment 11.

Amendment 12, in my name, will prevent a letting agent who has been deregistered at their own request from seeking to recover costs and charges that are incurred for work done after the date of deregistration. In other words, it will discourage that letting agent from continuing to operate.

Amendments 14 to 16 are linked to amendment 12. They clarify what is meant by the relevant date for deregistration, and confirm that costs that are incurred by a letting agent before the date of their deregistration are recoverable.

I move amendment 10.

Alex Johnstone

Amendment 11 is a resubmission of an amendment that was lodged and debated at stage 2. As members can see by the consecutive numbering on the marshalled list, it may have crossed in the post, so to speak, with the minister’s amendment 10. Having read through amendment 10, I believe that it will achieve the objective that was set out in my amendment at stage 2, and in amendment 11 today at stage 3. Consequently, I am inclined to support amendment 10.

The only area that I am somewhat concerned about is subsection (2) of the proposed new section that will be introduced by amendment 10, which says that

“The application must be accompanied by a fee of such amount (if any) as the Scottish Ministers may determine.”

I seek reassurance from the minister at this stage that the fee will be reasonable and will be designed only to cover the costs of such a process. If that reassurance is given, I will support the minister’s amendment 10 and the other Government amendments in the group, and I will not move my amendment 11.

Mary Fee

I support all the amendments—10 to 12 and 14 to 16—in the group. I support the amendments in the names of both Margaret Burgess and Alex Johnstone because they are all sensible and practical additions to the bill. They offer a straightforward solution to agents who wish to be removed from the register, and they will allow the register to be kept up to date. The consequence of all the amendments will be to tighten up the sector, so they must be welcomed.

Margaret Burgess

I have no comments other than to give Alex Johnstone the assurance that he seeks—that the fee will be appropriate.

The Deputy Presiding Officer

The question is that amendment 10 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

Burgess, Margaret (Cunninghame South) (SNP)
Hume, Jim (South Scotland) (LD)
McArthur, Liam (Orkney Islands) (LD)
McInnes, Alison (North East Scotland) (LD)
Neil, Alex (Airdrie and Shotts) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)

The Deputy Presiding Officer

The result of the division is: For 110, Against 6, Abstentions 0.

Amendment 10 agreed to.

Amendment 11 not moved.

Section 38—No payment for letting agency work where refusal or removal

Amendments 12, 14, 15 and 16 moved—[Margaret Burgess]—and agreed to.

16:45

Section 41—Letting Agent Code of Practice

The Deputy Presiding Officer

Amendment 17, in the name of Patrick Harvie, is grouped with amendments 18 to 22, 56 and 37.

Patrick Harvie

At stage 2, I lodged a number of amendments seeking to explore the detail of what would be included in the code of practice that the Government intends to produce for letting agents, and I am again seeking to explore specific issues that the code of practice could—and, I believe, should—address.

The minister did not agree with my amendments at stage 2, but did give a commitment that the issues that I raised would be addressed in the code. I hope that, even if she is not persuaded that my amendments would help to set that out in the bill, she will give some further indication of the means by which the issues will be addressed.

Specifically, I am asking that issues around the level of advance rent and level of deposit are addressed. Members will be aware that there are letting agents who are seeking workarounds to the provisions that we have put in place in the past, by finding other ways of describing the payments or pretending that they are not really advance rents or deposits. Even when advance rent is called advance rent, there are situations, as we can see from the Citizens Advice Scotland report that has been circulated to all members, in which people are being asked not just for one or two months’ rent but for three months’ rent and, in some cases, even six months’ advance rent.

Another issue that I would like the code of practice to address is socioeconomic discrimination and discrimination against benefit recipients. The term “no DSS” will be very familiar to anyone who has looked at the private rented sector. The minister has said that she wants to see an end to the use of that term, but I am seeking an end to the practice itself, regardless of the use of the term. Discrimination against people because they are in receipt of benefits basically undermines the provision of housing, which the private rented sector is seeking the right to manage on behalf of our society. Housing has to be available not just to those whom individual landlords or letting agents consider to be good, reliable, dependable tenants. That housing must be available to those who need it, and that means ending discrimination.

If we consider the two issues in concert—discrimination on the ground that people are benefit recipients and the requirement for three or six months’ advance rent—it will be pretty clear to anybody that someone who is given notice to quit one property and is seeking to find another while they are on benefits, and who is asked to come up with three months’ or six months’ advance rent, will find that it is simply not feasible.

My amendments in this group also seek to end discrimination on the grounds of immigration status. That is connected with the wrong-headed provisions that have been put through the Westminster Parliament in the Immigration Act 2014. I ask the minister to take this opportunity to address the interaction between the reserved function of immigration and the devolved function of housing. How can we ensure that we use housing law to prevent any undue discrimination against migrants and immigrants who are in need of housing in Scotland from the private rented sector?

I acknowledge that amendment 56 proposes an alternative means of addressing some of the issues that I have outlined, and I look forward to hearing the argument for that amendment. However, I hope that with amendment 37 I am on ground that the Government will be more comfortable with. I moved an amendment at stage 2 to require the code of practice for letting agents to be laid before the Parliament within a year. The minister explained that that was a wee bit too much but said that she shared my

“wish to see progress being made to develop the code ... but I want to ensure that the code is drafted with proper consideration”.

She went on to say:

“I wish to reassure Mr Harvie about my commitment to progressing the development of the code, which I expect to be laid before Parliament within 18 months of the bill’s enactment.”—[Official Report, Infrastructure and Capital Investment Committee, 21 May 2014; c 3104.]

Amendment 37 is my new version of my stage 2 amendment and it suggests that 18-month timescale. On that basis, I am sure that the minister can find no reason at all to object to amendment 37.

I move amendment 17.

The Deputy Presiding Officer

I call Mary Fee to speak to amendment 56 and other amendments in the group.

Mary Fee

Amendment 56 seeks to strengthen the code of practice as it would require deposits to be paid into a tenant deposit scheme, prohibit letting agents from charging fees to tenants or prospective tenants before or after a tenancy and prohibit letting agents from discriminating against those in receipt of benefits. Amendment 56 aims to strengthen the private rented sector; it is a sensible amendment that would give more safety and security to tenants.

I support Patrick Harvie’s amendments 17 to 22 and 37. Amendments 17 to 22 would strengthen and enhance the code of practice because they seek to protect tenants from overcharging and discrimination by letting agents. Amendment 37 makes sense, as it sets out a timetable for the code of practice to be published.

Alex Johnstone

There is an old story that the traditional definition of a croft is a small piece of land surrounded by legislation. The amendments in this group would take us to a point at which we might be in some danger of a private let being defined as a property surrounded by regulation. There is a significant danger that if we regulate over-onerously in this area we will create regulations that are unenforceable and a situation that would be worse than the one that we would have, described by Patrick Harvie, under the bill as it stands. It is important that regulation should be capable of implementation and of policing, but I am not convinced that if we pass all the amendments in this group we will get to a stage at which that is possible.

Margaret Burgess

I will begin by speaking to Patrick Harvie’s amendments 17 to 22. The equivalents of all those amendments were debated at stage 2 and were rejected by the Infrastructure and Capital Investment Committee. I understand Patrick Harvie’s intention, which is to prohibit letting agents from discriminating against a prospective tenant on various grounds, including socioeconomic, being in receipt of state benefits and immigration status. I sympathise with people who are struggling to find affordable rented property while in receipt of state benefits and with those whose immigration status is uncertain, but we will take up the whole issue of discrimination and barriers to accessing housing with the letting agent industry through the process of developing the code of practice.

I welcome Patrick Harvie’s amendment 37. I had intended, as I indicated at stage 2, to lodge a similar amendment, but Patrick Harvie beat me to it. I welcome amendment 37 and I am happy to support it.

What Mary Fee’s amendment 56 seeks was debated and rejected by the Infrastructure and Capital Investment Committee at stage 2. I said then that the Scottish ministers have already clarified the law to make crystal clear what is allowed. It is unacceptable for a letting agent to flout the law on the charging of premiums. On discrimination, I have said in my responses to Patrick Harvie on numerous occasions, including my response to his amendments 17 to 22, that the Scottish Government will discuss equality issues with the letting agents industry in the context of developing the code of practice. The issues in all Patrick Harvie’s amendments are appropriate issues to discuss when developing the code of practice, which we will consult on, as that is the right and proper thing to do. On that basis, I invite Mary Fee not to move amendment 56.

Patrick Harvie

My excitement knows no bounds at hearing that an Opposition member will have an amendment agreed to for the second time today—although perhaps I have slightly undercounted. I thank the minister for the commitment to amendment 37, which will set a clear timescale for the development of a code of practice, as it will have to be laid before the Parliament within 18 months. I am grateful for that.

I understand the minister’s position on amendments 17 to 22, although it disappoints me. I am sure that she intended to say that she will consult not only with letting agencies and industry bodies but with a wide range of other organisations, including those that represent tenants as well as equality and anti-poverty organisations. I am sure that she intends to consult all those. However, I will press amendment 17.

Presiding Officer, I suspect that the support for amendments 17 to 22 will be the same so, if it saves time, can they be decided on as a group?

The Deputy Presiding Officer

No, they will all have to be decided on individually, but thank you, anyway.

The question is, that amendment 17 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 43, Against 74, Abstentions 0.

Amendment 17 disagreed to.

Amendment 18 moved—[Patrick Harvie].

The Deputy Presiding Officer

The question is, that amendment 18 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 43, Against 74, Abstentions 0.

Amendment 18 disagreed to.

Amendment 19 moved—[Patrick Harvie].

The Deputy Presiding Officer

The question is, that amendment 19 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 43, Against 74, Abstentions 0.

Amendment 19 disagreed to.

Amendment 20 moved—[Patrick Harvie].

The Deputy Presiding Officer

The question is, that amendment 20 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 43, Against 72, Abstentions 0.

Amendment 20 disagreed to.

17:00

Amendment 21 moved—[Patrick Harvie].

The Deputy Presiding Officer

The question is, that amendment 21 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 42, Against 73, Abstentions 0.

Amendment 21 disagreed to.

Amendment 22 moved—[Patrick Harvie].

The Deputy Presiding Officer

The question is, that amendment 22 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 43, Against 73, Abstentions 0.

Amendment 22 disagreed to.

Amendment 56 moved—[Mary Fee].

The Deputy Presiding Officer

The question is, that amendment 56 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Elaine (Coatbridge and Chryston) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Neil, Alex (Airdrie and Shotts) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 42, Against 75, Abstentions 0.

Amendment 56 disagreed to.

Section 43—Applications to First-tier Tribunal to enforce code of practice

The Deputy Presiding Officer

We move to group 13. Amendment 23, in the name of Patrick Harvie, is grouped with amendments 24, 25 and 26.

Patrick Harvie

Amendments 23 and 24 make one relatively simple change to section 43.

Section 43 introduces the procedures for the application to first-tier tribunal in relation to the enforcement of the letting agent code of practice. All members have acknowledged that there is a great deal of strength in that process and welcome the general thrust of the bill as it stands. However, at the moment, the applications can be made only by a tenant or a landlord—those being the individuals or bodies that would be seen to have a complaint against a letting agent as the go-between. My amendments simply seek to broaden that provision to ensure that a third party can make an application on behalf of a group of tenants.

The minister has previously said that she is perfectly comfortable with the idea that tenants could be supported in the application process. I am sure that some tenants will be articulate enough, know what they are doing and have the confidence to make an application on their own behalf without support. However, others will not have that confidence and may feel that they will be put under pressure or receive threats from their landlord or letting agent if they make such an application. Alternatively, they may simply not know how to go about the process.

For an individual to be supported in that situation may be enough, but I am concerned about groups of tenants—for example, in a student community, where a large number of tenants are in rapid turnover in short-term tenancies and do not necessarily have the motivation or confidence to take a complaint about a letting agent’s behaviour to the tribunal.

A single letting agent may be the source of a number of complaints that affect a whole community or a large group of students. It seems entirely reasonable that we allow the student rights organisation or another welfare rights or housing adviser to make the application on the students’ behalf. It might be a long-term problem for the student community concerned but only a short-term problem for any individual tenant or, even, particular household, so it would be reasonable to allow third-party applications on behalf of groups of tenants where that is the only way for the tribunal to address the issue.

Amendments 25 and 26 address compensation. It seems unreasonable that tenants should be expected to pay rent during a period in which their letting agent is in breach of the code. The code will exist to protect tenants as well as landlords and, if a tenant is not being given the standard of service to which they are entitled under it, they should not pay rent.

I sought to raise that issue at stage 2. The minister said to me that the amendment that I proposed was not appropriate because the letting agent could simply pass the cost on to the landlord even though the reason for the breach of the code may not be the landlord’s responsibility. Therefore, in amendment 25, I suggest that compensation should be given to the tenants in respect of the rent that they pay during the period in which the letting agent is in breach of the code but that that compensation be paid for by the letting agent.

I hope that the minister will show greater willingness to address those issues in the form that I have proposed this time.

I move amendment 23.

Mary Fee

I support amendments 23 and 24 in Patrick Harvie’s name. As he has already expressed most of the reasons that I would have given for supporting them, I will be brief.

Amendments 23 and 24 would allow for third-party representation to a tribunal for groups of tenants to be properly represented. It is only fair and right that groups of tenants who may otherwise be prohibited from going to a tribunal be able to be represented by a third party and take their complaint to the tribunal. It is a sensible approach and a good way forward.

Although I have a great deal of sympathy for what Patrick Harvie said when he spoke to amendment 25, I cannot support it or amendment 26. I am concerned with the way that amendment 25 is drafted in relation to compensation that would be paid to a tenant if a letting agent did not comply with the code. It may not be just or equitable and could be open to abuse, as a tenant could delay proceeding to accrue compensation.

Alex Johnstone

I agree with Mary Fee’s position on amendments 25 and 26.

On amendments 23 and 24, I have some concerns about the ability of third parties to act on behalf of groups of tenants. One of the things that we are trying to achieve in the bill is a better relationship between the tenant and landlord or letting agent. We need to work hard to ensure that that relationship is genuine and direct. The introduction of third parties acting on behalf of groups of tenants would have the potential to turn relationships into adversarial positions that are not helpful to the long-term outturn of the bill.

Margaret Burgess

Patrick Harvie requests first-tier tribunal representation by a third party, but I have some reservations about that.

The arrangements for representation would be a matter for the tribunal’s rules in due course. There is nothing in the bill to prevent a group of tenants seeking support from a third party in assisting them with progressing their complaint. However, I would have concerns about a third party proceeding with the sort of class action that I believe that Patrick Harvie has in mind.

As the bill currently indicates, the Scottish Government can bring an action to the first-tier tribunal on behalf of a group of people. Given the complexities that may arise from third parties doing so, it would be unwise to rush through such an amendment without proper consideration of the consequences. For example, if a third party advises the tribunal that he or she is acting for a particular group of tenants, how would the tribunal know that all the tenants in that group have agreed to be part of the action? What would happen if one of the tenants were to change his or her mind and drop out?

Patrick Harvie

Just to reinforce my point, part of the argument in favour of the amendment concerns situations in which not all tenants have the motivation, concern or desire to raise a case but a potential or alleged breach of the code by a letting agent will still be a long-term problem for others who will be living in those properties. I mention students because they often have short-term tenancies that run for a year or six months.

How will the code be enforced against letting agents in situations where tenants have no motivation to bring a case because they know that they will soon be moving on?

Margaret Burgess

As I said in my earlier remarks, the Scottish Government can, in circumstances such as the one that Patrick Harvie outlines, make an application to the first-tier tribunal, and the tribunal can order an inspection of the premises, so that issue is covered.

I understand what Patrick Harvie is getting at, but when we look at the detail of what he proposes we see that it is incredibly complex. I am well aware that other tribunals, such as the Homeowner Housing Panel, can deal with conjoined cases in which a number of complainers have lodged an application against the same person. Tribunals will often allow a third party to support a complainer or a group of complainers, but Patrick Harvie’s proposal goes further. Amendment 24 would allow a third party to act for a group of tenants in complaining about—in some instances—multiple letting agents.

I suggest that we allow the new legislation time to bed in. If the provision to allow the Scottish Government to make applications is not sufficient, we can reassess the position with the benefit of experience and with the time to reflect on the complexities that the amendment generates. I invite Patrick Harvie to withdraw amendments 23 and 24.

Patrick Harvie’s amendment 25 is well-intentioned, but it is flawed because there is no requirement in the bill for landlords to comply with the letting agent code of practice or an enforcement order that is made by the tribunal.

There are already a number of enforcement measures that can be taken if a letting agent does not comply with the code. The tribunal is able to award compensation on a proportionate basis, and it may also inform the Scottish ministers of the failure to comply. In the event that the letting agent is considered to be no longer a fit and proper person, that could result in their registration being revoked. It is also an offence to fail to comply with an enforcement order, which could result in a fine on conviction.

On the basis that other penalties exist in the bill, I cannot support amendments 25 and 26, and I ask Patrick Harvie not to move them.

Patrick Harvie

Without wanting to labour the point, I note that the minister may find that some of us will seek to hold her to the commitment that the Scottish Government will raise those applications with the tribunal on behalf of tenants. There will be cases in which tenants do not wish to proceed but the issues still need to be addressed.

I am sorry that the Government is not persuaded of the need for my amendments, either with regard to third-party applications or the need to protect tenants who will still be left paying rent through a letting agent who is breaching the code.

I press amendment 23, and I will move amendment 25 when the time comes.

17:15

The Deputy Presiding Officer (Elaine Smith)

The question is, that amendment 23 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 42, Against 73, Abstentions 0.

Amendment 23 disagreed to.

Amendment 24 not moved.

Amendment 25 moved—[Patrick Harvie].

The Deputy Presiding Officer

The question is, that amendment 25 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Finnie, John (Highlands and Islands) (Ind)
Harvie, Patrick (Glasgow) (Green)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
McArthur, Liam (Orkney Islands) (LD)
McInnes, Alison (North East Scotland) (LD)
Rennie, Willie (Mid Scotland and Fife) (LD)
Scott, Tavish (Shetland Islands) (LD)
Urquhart, Jean (Highlands and Islands) (Ind)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Buchanan, Cameron (Lothian) (Con)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pentland, John (Motherwell and Wishaw) (Lab)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 9, Against 106, Abstentions 0.

Amendment 25 disagreed to.

The Deputy Presiding Officer

I call amendment 26, in the name of Patrick Harvie, which has already been debated with amendment 23. Do you wish to move or not move, Mr Harvie?

Patrick Harvie

I know when I am beaten, Presiding Officer.

Amendment 26 not moved.

Section 51—Meaning of letting agency work

The Deputy Presiding Officer

Group 14 is on the meaning of “letting agency work”. Amendment 27, in the name of Alex Johnstone, is grouped with amendment 28.

I draw members’ attention to the pre-emption information in the groupings. If amendment 27 is agreed to, I cannot call amendment 28 because of pre-emption.

Alex Johnstone

I am sure that we will be okay with the pre-emption, Presiding Officer.

Amendment 27 is a re-lodging of an amendment that I lodged at stage 2, while amendment 28, which was lodged at about the same time for stage 3, seeks to have the same effect.

The problem lies with section 51(1)(b), which seeks to define the term “letting agency work”. Although it was fairly obvious from previous discussions that the bill’s drafters knew what they meant by the terms in section 51(1)(b), I was not convinced that that was what the bill actually said. As a consequence, I lodged an amendment to delete section 51(1)(b) completely.

With the minister’s amendment, which seeks to clarify the definition in section 51(1)(b), I believe that the wording is now far more effective and, indeed, will mostly have the desired effect. However, I am not convinced that redrafting the paragraph is the right way to go, and I think that we would better off if, as amendment 27 suggests, section 51(1)(b) were deleted completely. I will therefore move and press amendment 27, but, if it fails, I am prepared to support amendment 28 as a fall-back position.

I move amendment 27.

Margaret Burgess

During stages 1 and 2, some stakeholders noted concerns about the definition of letting agency work, as Alex Johnstone pointed out. They felt that it might inadvertently cover those who repair or improve a landlord’s property, such as roofers, painters and other contractors, which would unintentionally bring them within the scope of letting agent regulation.

Amendment 28 clarifies the position by amending the existing definition of the property management aspect of letting agency work to make clear the range of management activities that the Scottish ministers intend to be within the scope of letting agency work. Those activities include collecting rent, inspecting the house and arranging repairs, maintenance, improvement or insurance. The amendment will make it clear that people who solely provide building services to the private rented sector are not intended to be covered by the letting agent regulatory regime.

Amendment 27, which was lodged by Alex Johnstone, would simply delete all section 51(1)(b). That would remove property management work from the scope of letting agency work and narrow the scope of the regulatory regime. I cannot support that consequence.

In light of my amendment 28, which clarifies the position, I ask Alex Johnstone to withdraw his amendment 27.

James Kelly

Both amendments in the group seek to deal with the discussion that took place at stage 2, when it was clear that there was confusion about the wording of section 51 in respect of letting agency work. Having studied the amendments and listened to the contributions, I am convinced that Alex Johnstone’s solution is the best way forward, but if his amendment is defeated, we will support the minister’s amendment.

Alex Johnstone

I will be brief. I think that we have come to a reasonable solution. I will press amendment 27 but commit my support to amendment 28 should amendment 27 not be agreed to.

The Deputy Presiding Officer

The question is, that amendment 27 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Goldie, Annabel (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Johnstone, Alex (North East Scotland) (Con)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Harvie, Patrick (Glasgow) (Green)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hume, Jim (South Scotland) (LD)
Hyslop, Fiona (Linlithgow) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 46, Against 69, Abstentions 0.

Amendment 27 disagreed to.

Amendment 28 moved—[Margaret Burgess]—and agreed to.

Section 61—Fit and proper person considerations

The Deputy Presiding Officer

Group 15 is on mobile home sites with permanent residents. Amendment 29, in the name of the minister, is grouped with amendments 58, 30 and 31.

Margaret Burgess

Amendment 29 makes it explicit that a local authority must, when running the fit-and-proper-person test, take into account any issues around the site owner profiteering from providing utilities to residents. The amendments reflect amendments that Mary Fee lodged during stage 2. There were some technical issues that we wanted to consider after stage 2. I am happy to say that we have worked through them so that amendment 29 addresses the issues that were raised by Mary Fee’s stage 2 amendments.

Amendment 58 clarifies that, when a site licence applicant provides details of convictions in their application, only unspent convictions should be covered. This technical amendment would put beyond doubt that only convictions not yet spent under the terms of the Rehabilitation of Offenders Act 1974 are required to be disclosed. Any spent convictions that a person has will not require to be disclosed; the amendment ensures that the bill is clear on that requirement.

I will now speak to amendment 30. One of the measures in the bill will allow a local authority to take emergency action on a site where there is imminent risk of serious harm. That is an important measure that allows a local authority to take action quickly and fix a significant problem where someone could be seriously harmed.

However, the bill as drafted includes three requirements that have to be met before a local authority can take emergency action on a site without a licence. One of those requirements would mean that a local authority would have to establish that the person in control of the land was “causing or permitting” the land to be used as a mobile home site with permanent residents. Amendment 30 will remove that requirement. The key issues in such a situation are that a site exists and that there is imminent risk of serious harm; whether someone is “causing or permitting” land to be used as a site is irrelevant. A local authority’s power to take emergency action is for use when there is a dangerous situation that needs to be urgently addressed. We want to avoid a local authority having to go through unnecessary stages before it can take that action.

Amendment 31 provides that, where an offence has been committed under part 5 of the bill by a corporate body and it can be proven that a specific individual played a role in committing the offence, that person also commits an offence and can be punished accordingly. That would mean that, for example, unscrupulous site owners cannot evade legal responsibility for their actions by setting up companies to own land and hold the site licence.

Amendment 31 reflects the position in other similar licensing regimes, including the new mobile home licensing regimes in England and in Wales. It provides a useful additional measure to tackle unscrupulous site owners, and I ask members to support it.

I move amendment 29.

Mary Fee

I will speak to amendments 29 and 30, in the name of the minister.

As the minister said, amendment 29 reflects an amendment that I lodged at stage 2 about the ability of local authorities to take into account breaches of gas, electricity and water agreements by mobile home site owners when carrying out a fit-and-proper-person test. I am grateful for the minister’s agreement to take forward my proposal and I am happy to support amendment 29.

I am also happy to support amendment 30, and I welcome the minister’s additional clarification today. I had concerns about the wording of subsection 2 of new section 32Z of the Caravan Sites and Control of Development Act 1960—my concern was about the drafting and whether the wording was too broad or would curtail certain things—but, given her comments, I am happy to support the amendment.

Margaret Burgess

We have covered the issue of profiteering in the bill as a local authority must have regard to all the circumstances of a case. I was pleased to take forward the amendments on profiteering that Mary Fee lodged at stage 2.

I have nothing further to add on amendments 58, 30 and 31.

Amendment 29 agreed to.

Amendment 58 moved—[Margaret Burgess]—and agreed to.

Section 67—Emergency action

Amendment 30 moved—[Margaret Burgess]—and agreed to.

Before section 70

Amendment 31 moved—[Margaret Burgess]—and agreed to.

Section 72—Tenement management scheme

The Deputy Presiding Officer

Group 16 is on tenement management schemes. Amendment 59, in the name of Sarah Boyack, is grouped with amendments 60 and 61, and 32 to 34.

17:30

Sarah Boyack (Lothian) (Lab)

Under subsection (4) of new section 4A of the Tenements (Scotland) Act 2004, as introduced by section 72 of the bill, a local authority will be required to notify an owner if it intends to pay a share of scheme costs on that owner’s behalf. Amendment 59 seeks to ensure that the bill is sufficiently clear about the process in circumstances in which the reason for the local authority intervening is an inability to identify or find the owner in question. When I raised the issue at stage 2, I was directed to section 30 of the 2004 act, which states that, when an owner cannot be identified, a notice will be deemed to have been sent if it is delivered to the property addressed to the owner, proprietor or something similar.

That might seem to be a trivial point, but I am keen for us to be clear about what that means and I want to tease out from the minister whether the current requirement in the bill to notify an owner is consistent with the issuing of an official notice under the 2004 act. Amendment 59 would remove any ambiguity around that point.

Amendment 60 would require the Scottish Government to publish guidance about the operation of section 4 of the 2004 act on tenement management schemes and new section 4A on the power of local authorities to pay a missing share of scheme costs. New section 4A introduces significant and welcome new powers to minimise delays and assist owners who take their maintenance responsibilities seriously to get repairs moving.

Getting the powers right is one thing; ensuring that they are being used to the best effect is another challenge. The requirement for the Scottish Government to produce guidance in consultation with local authorities and other stakeholders will help to ensure that all parties are aware of the provisions and the scope that they provide for ensuring that common repairs are implemented timeously. That will also allow for a review of any existing guidance that is available to local authorities and others on the operation of the tenement management scheme to ensure that, 10 years on from the 2004 act, the legislation is operating effectively. From talking to local authority colleagues, I think that it is clear that the existing legislation is complex and not necessarily being used to best effect. It would be useful to bring together the new legislation with existing legislation.

Alongside official guidance for professionals, I would welcome the minister’s comments on whether, in light of the bill, the Government will revisit and update the “Common Repair, Common Sense” booklet to assist consumers and residents to navigate the amended legislation that we are going to pass tonight.

Amendment 61 acknowledges that registered social landlords would benefit from having a discretionary power to recover their costs from private owners by a repayment charge along the same lines as that introduced for local authorities. I was first made aware of that by a constituent who sought support from the local housing association to help with getting repairs carried out when the housing association owns one or more properties, but the housing associations would not act. When I raised the issue in evidence sessions on David Stewart’s Defective and Dangerous Buildings (Recovery of Expenses) (Scotland) Bill, there was a strong mood that we need to act on the issue.

I am pleased that the minister has listened to the arguments that I made on the issue at stage 2 and I am also grateful for her assistance in crafting a revised amendment that I hope will be crafted in such a way that we can pass it happily this afternoon. Housing associations are expected to ensure that the properties that they let meet the minimum standard that is set out in the Scottish housing quality standard, but they cannot do that in some cases because they cannot get consent from owners in other parts of the buildings to carry out common works. As co-owners, they have the right to carry out work in tenements in which they own a majority of flats or if they can secure the support of a sufficient number of owners to form a majority, but they cannot force those other owners to come to the table. That is left up to civil remedies, which are not as successful because the process is protracted and hugely costly and it is not a route that housing associations choose.

We clearly have a problem here. If registered social landlords had the discretionary power to recover costs from private owners by using repayment charges that are along the same lines as those introduced for local authorities in section 72 of the bill, that would transform the situation.

Amendment 61 creates a regulation-making power. Before using it, the Scottish Government would be required to carry out a consultation and consider the views of stakeholders. That is critical, because it gives everyone the opportunity to comment on the detail of how the regulation might be made. If we put it in the bill today, it means that it will happen, but the details need to be sorted out. Enabling the minister to propose the regulatory powers would be the right way to do that, because it would mean that the Parliament would be able to scrutinise them.

I am aware that housing associations have been forced to take properties out of their letting pools because they cannot afford to cover the necessary common repairs. That reduces the availability of social housing when we already have a challenge because of a shortage of housing. Amendment 61 is crucial because it will allow housing associations to play their part in ensuring that buildings are kept wind and watertight and up to the Scottish housing quality standard. The amendment provides protection for vulnerable home owners who might be adversely affected by a registered social landlord’s decision to recover costs because it includes a right to appeal to ministers.

The amendments in this part of the bill are crucial to strengthening the bill when it is passed tonight.

I move amendment 59.

Margaret Burgess

Amendment 32 replaces the current fixed 30-year period for repayment of a debt that is owed to a local authority in connection with work that has been done to repair and maintain private homes with a flexible period of between five and 30 years, to be determined by the local authority.

That recovery power will also apply to the new missing-share power for tenement buildings that will be introduced by section 72, and will provide local authorities with an effective tool to secure repayment of their costs in paying a missing share.

Amendments 33 and 34 make a similar change to charging order powers under the Housing (Scotland) Act 1987.

Amendment 59 changes the wording of the duty to notify owners before using the new missing-share power that will be introduced by section 72 of the act. Section 30 of the Tenements (Scotland) Act 2004 and rule 9 of the tenement management scheme, which is contained in schedule 1 to the 2004 act, make provision on what giving notice means. On balance, I am happy to support the amendment to make as clear as possible what is meant by the new provision.

Amendment 60 would require the Scottish Government to produce guidance on the operation of the tenement management scheme and the use of the new missing-share power by local authorities. The tenement management scheme provides a framework for collective decision making by owners of tenements. It helps them to take responsibility for work to common parts of their own homes and allows them to enforce majority decisions against owners who will not co-operate.

Although new section 4A provides a power for local authorities to intervene to support majority decisions, that is intended to be a last resort, and the operation of the tenement management scheme is primarily a matter between owners, to which the local authority would not normally be party. It is not obvious what purpose would be served by publishing guidance to local authorities about the operation of section 4.

As Sarah Boyack said, the Scottish Government already provides non-statutory guidance to home owners in the leaflet “Common Repair, Common Sense”, which we took over from Consumer Focus Scotland last year and which we will be revising to bring up to date. We also provide guidance for local authorities on their role in providing assistance to home owners under the Housing (Scotland) Act 2006. We will also be revising that guidance to take account of other changes in the bill.

Amendment 61 seeks to address an issue that was raised during the stage 2 debate. Together with the amendments in my name in this group, the amendment will provide a powerful debt recovery tool to support registered social landlords who need the co-operation of private owners to carry out work to address poor-quality tenements.

As Sarah Boyack mentioned, since stage 2 I have discussed her concerns with her and have considered the views of the SFHA. It is important that there should be protection for vulnerable tenants, so I am pleased to note the scope for an appeal procedure in the amendment.

In conclusion, I ask members to support amendments 32, 33, 34, 59 and 61. I invite Sarah Boyack not to move amendment 60.

Alex Johnstone

I am happy to support amendments 32, 33 and 34, because they make valuable improvements to the bill.

With regard to Sarah Boyack’s amendments, I am happy to support amendment 59. In all honesty, I am happy to support amendment 60 as well, as it simply requests the Government to provide clarity by publishing the guidance to which it refers.

The minister has accepted amendment 61, but I still have some concerns about it. It extends the scope of the provisions for the recovery of expenses from local authorities to registered social landlords. I contend that local authorities and RSLs are rather different in their operation and their perspective and that, as a consequence, it would be irresponsible of us to assume that the same legislation could act effectively for the same purpose.

Sarah Boyack proposes that we should legislate today and then consult. I am more cautious and I am concerned that we need to get the provisions right. I understand the suggestion that we should extend the approach to RSLs, but I am not convinced that amendment 61 is the right way to do that. I will support any process that leads us in that direction, but it would be premature of us to support the amendment.

Sarah Boyack

I am delighted that, as I understand it, the minister will support amendment 59. On amendment 60, I agree with her that the tenement management scheme should be the first port of call, but I am concerned that that is not the case for many residents. That is partly because of a lack of guidance and partly because local authorities lack the power to concentrate minds.

When the bill is passed, it will give local authorities more powers to act—that will be discussed further in the debate on the next group of amendments. Amendment 60 would strengthen those powers.

The legislative provisions are complex. When the situation is difficult, most owners walk away from sorting out the problems, which leaves us with a major public safety problem and a major problem with the maintenance and repair of our buildings.

The new framework that we will create tonight will improve matters hugely. I am keen for the Scottish Government to be as proactive as possible in ensuring that local authorities and owners know as much as they can, so that the difficult part of forcing people to pay is the last backstop and not the first approach.

We have not mentioned the statutory notices problem in Edinburgh; notices were used principally because owners did not work together. The bill will help, because it will tell owners that, if they do not work together, the local authority will step in. Owners will still have to pay, but the works will definitely go ahead. For that reason, the bill is a huge step forward.

I say to Alex Johnstone that not including registered social landlords would be a huge missed opportunity. They must be part of the picture. That would improve the situation significantly when RSLs can act and are ready to act.

We know that the principle is the right thing to do, but it is only right and proper that the detail should be in separate regulations. Many members have argued for such an approach to different issues in the past.

It is important to support all the amendments in my name, which form a package, alongside the minister’s proposed measures. The amendments would strengthen the bill and ensure that it delivers on the aspirations that we all have for it.

Amendment 59 agreed to.

Amendment 60 moved—[Sarah Boyack].

The Deputy Presiding Officer

The question is, that amendment 60 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Davidson, Ruth (Glasgow) (Con)
Dugdale, Kezia (Lothian) (Lab)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alex (North East Scotland) (Con)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Lamont, Johann (Glasgow Pollok) (Lab)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McGrigor, Jamie (Highlands and Islands) (Con)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scanlon, Mary (Highlands and Islands) (Con)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Smith, Liz (Mid Scotland and Fife) (Con)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 51, Against 60, Abstentions 0.

Amendment 60 disagreed to.

17:45

Amendment 61 moved—[Sarah Boyack].

The Deputy Presiding Officer

The question is, that amendment 61 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For:

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dugdale, Kezia (Lothian) (Lab)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Ferguson, Patricia (Glasgow Maryhill and Springburn) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, Johann (Glasgow Pollok) (Lab)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against:

Brown, Gavin (Lothian) (Con)
Buchanan, Cameron (Lothian) (Con)
Carlaw, Jackson (West Scotland) (Con)
Davidson, Ruth (Glasgow) (Con)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Goldie, Annabel (West Scotland) (Con)
Johnstone, Alex (North East Scotland) (Con)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
McGrigor, Jamie (Highlands and Islands) (Con)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)

The Deputy Presiding Officer

The result of the division is: For 100, Against 13, Abstentions 0.

Amendment 61 agreed to.

17:45

After section 74

The Deputy Presiding Officer

Group 17 is on maintenance orders: report on exercise of powers. Amendment 62, in the name of Sarah Boyack, is the only amendment in the group.

Sarah Boyack

When we considered the amendments in group 16, I spoke about the distinction between getting a bill’s provisions right and ensuring that they are used effectively. Amendment 62 stems from an issue that demonstrates that point effectively.

At stage 2, Jim Eadie lodged an amendment that would have required owners to prepare maintenance plans to cover common repairs, with a view to encouraging responsible home ownership. Under the amendment, failure by owners to complete a home maintenance plan would have constituted a ground for the local authority to consider that a house was unlikely to be maintained to a reasonable standard, for the purposes of issuing a maintenance order. The amendment had its origins in evidence that the City of Edinburgh Council gave to the Infrastructure and Capital Investment Committee.

However, in response to that amendment, the minister argued that local authorities already have the power to require an owner, through a maintenance order, to draw up a maintenance plan. We therefore have a situation in which local authorities are calling for measures to promote more responsible home maintenance by owners, while the minister says that the existing powers are sufficient.

Amendment 62 aims to dig into the operation of the existing powers by requiring the Scottish Government to report regularly on the use of maintenance orders. If the amendment is agreed to, it will require the Government to produce a report on a variety of issues to do with local authorities’ use of maintenance orders from the time when the powers came into force to the present day. The amendment would also require subsequent reports to be produced on a three-yearly basis. Such reports would provide us with useful insight into how the powers are being used. The findings would put us in a much better position to be able to assess whether the powers as currently constituted are achieving their purpose, or whether further work is needed to support local authorities to use them effectively.

We have the Tenements (Scotland) Act 2004, and we have since 2004 considered several bills that relate to housing. It is important that the Scottish Government monitor the effectiveness of our legislation and that the Parliament carry out legislative scrutiny. Amendment 62 would help us to achieve those objectives by providing for reporting mechanisms, so that we can be sure that the provisions in the bill and previous housing legislation are being put into effect and used by local authorities, as Parliament intended.

I move amendment 62.

Alex Johnstone

We often come across situations in which it turns out that local authorities have powers that they did not know about. When the amendment that was similar to amendment 62 was lodged at stage 2, the minister’s defence was that the powers already exist for local government. I was and remain content with the explanation, but as we progress towards the end of stage 3 I look forward with interest to hearing what the minister will say.

Margaret Burgess

Amendment 62 would require the Scottish Government to produce a report on local authorities’ use of maintenance order powers, which were brought into force on 1 April 2009. Local authorities have made less use of the powers than was expected because they find administration of the process to be onerous. In response to those concerns, I have made a number of changes that will streamline the process, and which are set out in sections 74 and 75 and were supported by most local authorities during the Scottish Government’s consultation.

One of the changes is to move information on maintenance plans from the land register to the building registers that are held by local authorities. That will reduce the cost of using maintenance orders, but will mean also that there is no central point of information for some of the details that the provision in amendment 62 seeks to require the Scottish Government to obtain.

I am happy to engage with local authorities on the use that they make of the powers that we provide for them, and I am happy to seek information on numbers from the keeper of the Registers of Scotland and from local authorities, as required. The amendments that we have made to the bill demonstrate that we have been listening and have made changes to improve use of the maintenance powers, but I do not think that the proposal to formalise reporting on the numbers of orders and plans would help with that. I therefore cannot support amendment 62.

Sarah Boyack

Notwithstanding the minister’s comments, I will press amendment 62.

The Deputy Presiding Officer

The question is, that amendment 62 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Marra, Jenny (North East Scotland) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 36, Against 71, Abstentions 0.

Amendment 62 disagreed to.

After section 76

Amendment 32 moved—[Margaret Burgess]—and agreed to.

Section 76A

Amendments 33 and 34 moved—[Margaret Burgess]—and agreed to.

Section 77B—Private rented housing panel: disqualification from membership

The Deputy Presiding Officer

Group 18 is entitled “First-Tier Tribunal and private rented housing panel membership: parliamentary procedure”. Amendment 35, in the name of the minister, is grouped with amendment 36.

Margaret Burgess

At stage 2 the Government amended the bill to provide ministers with powers to vary certain tribunal disqualifications. Amendments 35 and 36 will change the procedure that is to be used from negative to affirmative. The change responds to an issue that was raised by the Delegated Powers and Law Reform Committee. Although the powers relate to quite straightforward administrative matters, I am content to amend the powers to require use of affirmative procedure, as recommended by the committee.

I move amendment 35.

James Kelly

Disqualification from the Private Rented Housing Panel is a serious matter that should get appropriate scrutiny by Parliament. The change from use of negative procedure to affirmative procedure makes good sense, so I support the minister’s amendments.

Alex Johnstone

I was not going to say anything, but I decided to stand up merely to defend the negative procedure, which is much maligned in Parliament. Committees often argue that affirmative procedure is preferable to negative procedure, but I find the negative procedure very attractive and responsive. We should use it with pride in our parliamentary processes.

Notwithstanding that comment, I support amendment 35, which is in the minister’s name.

Nigel Don (Angus North and Mearns) (SNP)

As the convener of the Delegated Powers and Law Reform Committee, I am delighted that the Government has responded to our suggestion.

Amendment 35 agreed to.

Section 82—Subordinate legislation

Amendments 67, 68 and 69 not moved.

Amendment 70 moved—[Drew Smith].

The Deputy Presiding Officer

The question is, that amendment 70 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Brodie, Chic (South Scotland) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alison (Lothian) (Green)
Keir, Colin (Edinburgh Western) (SNP)
Kelly, James (Rutherglen) (Lab)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Martin, Paul (Glasgow Provan) (Lab)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McMillan, Stuart (West Scotland) (SNP)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Rowley, Alex (Cowdenbeath) (Lab)
Russell, Michael (Argyll and Bute) (SNP)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, David (Highlands and Islands) (Lab)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

Against

The Deputy Presiding Officer

The result of the division is: For 97, Against 12, Abstentions 0.

Amendment 70 agreed to.

Amendment 36 moved—[Margaret Burgess]—and agreed to.

Amendment 37 moved—[Patrick Harvie]—and agreed to.

Section 85—Commencement

Amendment 71 not moved.

Amendment 72 moved—[Mary Fee].

The Deputy Presiding Officer

The question is, that amendment 72 be agreed to. Are we agreed?

Members: No.

The Deputy Presiding Officer

There will be a division.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Baxter, Jayne (Mid Scotland and Fife) (Lab)
Beamish, Claudia (South Scotland) (Lab)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Chisholm, Malcolm (Edinburgh Northern and Leith) (Lab)
Fee, Mary (West Scotland) (Lab)
Findlay, Neil (Lothian) (Lab)
Finnie, John (Highlands and Islands) (Ind)
Grant, Rhoda (Highlands and Islands) (Lab)
Gray, Iain (East Lothian) (Lab)
Griffin, Mark (Central Scotland) (Lab)
Harvie, Patrick (Glasgow) (Green)
Henry, Hugh (Renfrewshire South) (Lab)
Hilton, Cara (Dunfermline) (Lab)
Hume, Jim (South Scotland) (LD)
Johnstone, Alison (Lothian) (Green)
Kelly, James (Rutherglen) (Lab)
Macdonald, Lewis (North East Scotland) (Lab)
Macintosh, Ken (Eastwood) (Lab)
Martin, Paul (Glasgow Provan) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCulloch, Margaret (Central Scotland) (Lab)
McDougall, Margaret (West Scotland) (Lab)
McInnes, Alison (North East Scotland) (LD)
McMahon, Michael (Uddingston and Bellshill) (Lab)
McMahon, Siobhan (Central Scotland) (Lab)
McNeil, Duncan (Greenock and Inverclyde) (Lab)
McTaggart, Anne (Glasgow) (Lab)
Murray, Elaine (Dumfriesshire) (Lab)
Pentland, John (Motherwell and Wishaw) (Lab)
Rennie, Willie (Mid Scotland and Fife) (LD)
Rowley, Alex (Cowdenbeath) (Lab)
Scott, Tavish (Shetland Islands) (LD)
Smith, Drew (Glasgow) (Lab)
Stewart, David (Highlands and Islands) (Lab)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Central Scotland) (SNP)
Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP)
Allard, Christian (North East Scotland) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Biagi, Marco (Edinburgh Central) (SNP)
Brodie, Chic (South Scotland) (SNP)
Brown, Gavin (Lothian) (Con)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Burgess, Margaret (Cunninghame South) (SNP)
Campbell, Aileen (Clydesdale) (SNP)
Carlaw, Jackson (West Scotland) (Con)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Crawford, Bruce (Stirling) (SNP)
Cunningham, Roseanna (Perthshire South and Kinross-shire) (SNP)
Davidson, Ruth (Glasgow) (Con)
Dey, Graeme (Angus South) (SNP)
Don, Nigel (Angus North and Mearns) (SNP)
Doris, Bob (Glasgow) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Eadie, Jim (Edinburgh Southern) (SNP)
Ewing, Annabelle (Mid Scotland and Fife) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fabiani, Linda (East Kilbride) (SNP)
Fergusson, Alex (Galloway and West Dumfries) (Con)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gibson, Rob (Caithness, Sutherland and Ross) (SNP)
Goldie, Annabel (West Scotland) (Con)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP)
Johnstone, Alex (North East Scotland) (Con)
Keir, Colin (Edinburgh Western) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lamont, John (Ettrick, Roxburgh and Berwickshire) (Con)
Lochhead, Richard (Moray) (SNP)
Lyle, Richard (Central Scotland) (SNP)
MacAskill, Kenny (Edinburgh Eastern) (SNP)
MacDonald, Angus (Falkirk East) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
Mackay, Derek (Renfrewshire North and West) (SNP)
MacKenzie, Mike (Highlands and Islands) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Maxwell, Stewart (West Scotland) (SNP)
McAlpine, Joan (South Scotland) (SNP)
McGrigor, Jamie (Highlands and Islands) (Con)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLeod, Aileen (South Scotland) (SNP)
McLeod, Fiona (Strathkelvin and Bearsden) (SNP)
McMillan, Stuart (West Scotland) (SNP)
Milne, Nanette (North East Scotland) (Con)
Mitchell, Margaret (Central Scotland) (Con)
Paterson, Gil (Clydebank and Milngavie) (SNP)
Robertson, Dennis (Aberdeenshire West) (SNP)
Robison, Shona (Dundee City East) (SNP)
Russell, Michael (Argyll and Bute) (SNP)
Scanlon, Mary (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Stevenson, Stewart (Banffshire and Buchan Coast) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Sturgeon, Nicola (Glasgow Southside) (SNP)
Swinney, John (Perthshire North) (SNP)
Thompson, Dave (Skye, Lochaber and Badenoch) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Urquhart, Jean (Highlands and Islands) (Ind)
Watt, Maureen (Aberdeen South and North Kincardine) (SNP)
Wheelhouse, Paul (South Scotland) (SNP)
White, Sandra (Glasgow Kelvin) (SNP)
Wilson, John (Central Scotland) (SNP)
Yousaf, Humza (Glasgow) (SNP)

The Deputy Presiding Officer

The result of the division is: For 37, Against 71, Abstentions 0.

Amendment 72 disagreed to.

Long title

Amendment 73 not moved.

The Deputy Presiding Officer

That ends consideration of amendments.

Portfolio Question Time

Housing (Scotland) Bill

Meeting of the Parliament

Meeting date: Wednesday, June 25, 2014

Contents

Housing (Scotland) Bill: Stage 3