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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 15 May 2025
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Displaying 764 contributions

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Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 21 December 2021

Murdo Fraser

Thank you.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 21 December 2021

Murdo Fraser

I have another question on costs, but from a slightly different angle. It is not only the cost of the licence fee that must be considered, but the costs of compliance to businesses. I accept the cabinet secretary’s point that some businesses already comply, but for others, the BRIA in June calculated that compliance costs could be £963. Operators have suggested that the actual average cost could be three times that amount—as much as £3,000. The difficulty is that the cumulative costs add up, and act as a real deterrent to participation in the tourism sector.

What is being proposed impacts not only short-term lets, but, due to the way in which the regulations have been framed, small bed and breakfast properties. In the area that I represent, towns such as Pitlochry are heavily dependent on tourism as a source of income. They have a broad range of small accommodation providers and owner-run bed and breakfasts that are also being caught by the regulations, which are seen simply as another form of taxation.

The providers are struggling to see what benefit they will get out of the new regulations, and they will be hit by substantial annual costs in order to comply with them. Why have bed and breakfasts been brought into the ambit of the regulations, when doing so could mean that some of them decide to drop out of the industry altogether?

Local Government, Housing and Planning Committee

Interests

Meeting date: 21 December 2021

Murdo Fraser

Good morning. I have two interests that might be relevant to the committee’s work and today’s session. I am a member of the Law Society of Scotland, although I am not currently practising, and I derive some income from two rental properties that I have an interest in, although neither of those is let on a short-term basis.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 21 December 2021

Murdo Fraser

Convener, I have a slightly different question on the costs of compliance. Perhaps you will want to bring in Paul McLennan at this point. I think that he had a follow-up question to my earlier one.

COVID-19 Recovery Committee

Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill: Stage 1

Meeting date: 16 December 2021

Murdo Fraser

I have a fairly technical issue to raise about the bill, which was raised with us by the Law Society of Scotland. For completeness, I should say that, as my entry in the register of members’ interests discloses, I am a member of the Law Society. The society’s point relates to section 4, which sets out the process by which ministers can make regulations. It states that,

“If the Scottish Ministers consider that regulations under section 3(2) need to be made urgently”

and come into effect immediately, they must be accompanied by a “statement of their reasons”. The Law Society believes that that statement of reasons should also explain why it is necessary to make the regulations urgently before they are approved by Parliament.

In what scenarios might the emergency legislation be used, and what safeguards will be put in place to ensure effective parliamentary scrutiny?

COVID-19 Recovery Committee

Ministerial Statement and Subordinate Legislation

Meeting date: 16 December 2021

Murdo Fraser

I want to raise two issues. Following on from your statement, cabinet secretary, I would say that the public are increasingly aware of omicron and it is encouraging to see so many people coming forward for boosters and showing awareness of the risks of mixing with others. That said, we are all aware that Christmas is just over a week away and a lot of people have already made plans to see family and friends at that time. There will be some concern at the prospect that those Christmas plans, which have already been put in place, might be disrupted by any further new restrictions that might be brought in over the next week. Is there a prospect of any stricter rules being brought in that will affect the Christmas period?

COVID-19 Recovery Committee

Ministerial Statement and Subordinate Legislation

Meeting date: 16 December 2021

Murdo Fraser

Thank you. My second question is on the slightly different topic of the regulations that the First Minister announced to the Parliament on Tuesday and which are to be introduced from tomorrow. A draft has been shared with us, and the regulations relating to businesses and other venues such as places of worship refer to guidance being issued by the Scottish ministers and say that those responsible must have regard to it. Where is that guidance, and how do people access it?

COVID-19 Recovery Committee

Ministerial Statement and Subordinate Legislation

Meeting date: 16 December 2021

Murdo Fraser

I appreciate that clear answer. What would be the last date on which any additional restrictions that would impact on Christmas might be announced?

COVID-19 Recovery Committee

Ministerial Statement and Subordinate Legislation

Meeting date: 16 December 2021

Murdo Fraser

The regulations, as I read them, say that persons must have regard to the guidance. That does not sound to me like a legal obligation on businesses or places of worship to follow them. Is that correct?

COVID-19 Recovery Committee

Ministerial Statement and Subordinate Legislation

Meeting date: 16 December 2021

Murdo Fraser

Thank you for that clarity. The regulations say that they come into force on 17 December, which is tomorrow, but you have said that the guidance will not be available until then. I appreciate the need to consult those who will be affected, but it does not give people very much time to access and implement the guidance if the regulations come into force on the same day.