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Thursday, 11 February 2010 |
Home owner bill will protect struggling families
The SNP Government’s Home Owner and Debtor Protection Bill has been passed by MSPs at the final stage 3 debate in the Scottish Parliament. The new legislation will give Scottish home owners the most comprehensive protection against unreasonable eviction in the UK. All eviction cases will now have to appear in court and mortgage lenders will have to prove that they have complied with legally binding pre-eviction requirements.
During the passage of the bill, SNP MSP for Glasgow, Bob Doris, highlighted that it is currently possible for mortgage companies to pass on legal costs to customers even if a court refuses an eviction. Mr Doris attempted to plug this legal loophole by amending the bill at stage 2 but it transpired that the Scottish Government is restricted under the terms of the 1998 Scotland Act and could not legislate.
The SNP’s Housing Minister, Alex Neil MSP, who was in full agreement with Mr Doris’ attempts to change the bill has now written to Lord Myners at the UK Treasury to press for a change in the law at Westminster.
Mr Doris used his speech in the Stage 3 debate in Parliament today (Thursday) to step up his calls.
Mr Doris said: "It is outrageous that mortgage companies can flout the decision of Scottish courts and pour yet more misery on struggling home owners.
"I have been working with Shelter to try and address this situation but we have been thwarted because the Scotland Act does not allow the Scottish Government to act and fix the situation. The Scottish Government have made it clear to me they are keen to tackle this problem but our parliament does not have the power.
"It is vital that we protect home owners who are in difficulty right now. I will continue to raise this issue in the Scottish Parliament and I will work with both the Scottish and UK Governments to close this loophole.
"It is bizarre that the Scottish Parliament does not have these powers and we must put the pressure on Westminster to act or give Scotland the power to act for itself."
“As opposition parties work flat out to thwart the constitutional progress of Scotland, they tend to overlook the direct effect this lack of parliamentary power has on everyday life. These constraints on the Scottish Parliamentary process have a seriously negative influence on our ability to legislate in the national interest.
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