Meeting of the Parliament [Draft]

Meeting date: Wednesday, June 26, 2024

Official Report 1258KB pdf

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Parliamentary Bureau Motions

The next item of business is consideration of parliamentary bureau motion S6M-13792, on approval of a Scottish statutory instrument. I ask Jamie Hepburn, on behalf of the Parliamentary Bureau, to move the motion.

Motion moved,

That the Parliament agrees that the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 [draft] be approved.—[Jamie Hepburn]

18:01  

The SSI relates to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024. Scotland’s tourism sector is an incredibly important part of our economy, both locally and nationally. I draw members’ attention to my entry in the register of interests, which states that I am a director of a small hotel in the Borders. Tourism is also incredibly important to our rural, coastal and island communities.

Accommodation providers have been calling for the Scottish Government to reconsider the way in which it has approached its short-term lets licensing scheme since it was introduced, and we are glad that some of those calls have been heard. The amendments, which relate primarily to technical details, are welcome and show a willingness to listen to those who understand the sector best. Temporary licence exemptions and provisional licence grants for new STLs will help to relieve some of the burden on struggling businesses and allow the quality of Scotland’s accommodation to grow. Additionally, addressing the loophole to permit licences to be transferred to a new host will allow there to be less disruption for those who are visiting remote, rural and island communities where there may be fewer alternative places to stay. However, although the principle behind the amendments remains sound, they still do not go far enough, nor do they fully listen to the concerns of accommodation providers across Scotland.

Stakeholders such as Scottish Land & Estates have highlighted the lack of detail in the amendments, stating that although the increased engagement with the accommodation sector is welcome, a clarity shortfall is evident, which could lead to unintended consequences from the instrument, burdening even more businesses in the short-term let industry. The Association of Scotland’s Self-Caterers has said that the

“onerous dual licensing and planning requirements”

that go along with STL licensing are

“By far the biggest obstacle”

to its successful implementation, and the amendments do not address that.

The intention of the Planning (Scotland) Act 2019 is that existing businesses should be protected but not impacted by retrospective planning considerations. I know that the ASSC is in conversation with the Minister for Business and the Minister for Public Finance, who has responsibility for planning, on the order. It will amend the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 and require STL guidance to be amended, as per Burness Paull opinion. More critically, it will require a new use-class order to be created for short-term lets. Existing operators would automatically be moved to that UCO. It should be a mixed UCO—residential and STL—to enable properties to revert to residential without the requirement for planning permission.

Furthermore, groups such as the Scottish Bed and Breakfast Association have, similarly, stated that 77 per cent of their membership have

“reported ... negative or extremely negative”

impacts on their business since STL licensing came into force.

The Short Term Accommodation Association has called for “a comprehensive review” of the short-term let licensing scheme to fully understand its impact on our vital short-term let sector, and Scottish Conservatives agree that that should happen.

I am running out of time, so I will stop there, but there is so much more to say. I hope that members will agree with the points that I have made. Although Scottish Conservatives agree on the points that have been addressed with the technical amendments, we will not be supporting the motion tonight—we will abstain, and I hope that other members will do so, too.

I call Shirley-Anne Somerville to respond.

18:05  

I am grateful for the opportunity to speak on this Scottish statutory instrument today. It is important, not only because it puts in place safety standards throughout Scotland, but because we have to recognise the contribution that this important sector makes to the tourism industry.

The short-term let licensing scheme delivers a set of basic safety standards to protect guests, hosts and communities and to guarantee high-quality accommodation across Scotland. It is those core principles around safety that underpin our approach throughout. When the Minister for Housing appeared at committee, he made it clear that the amendments in this order deliver on our commitment to make technical updates as a direct result of feedback from a range of stakeholders. He and I thank those stakeholders for the continued discussions that they are having with Government.

The minister has also made it clear that we are still in a transitional period, in which many thousands of operators have recently taken action to comply with legislation, and authorities are still processing applications for existing hosts. Although I understand that some groups in the sector are encouraging us to go further, any action must be taken forward in a measured way.

I see that Craig Hoy wants to come in; I am happy to give way to him.

I call Craig Hoy.

Apologies, Presiding Officer—I think that I hit the button by mistake.

I thank Craig Hoy for the intervention; I am happy to agree with him on that point. [Laughter.]

We will, of course, continue to work with and listen to stakeholders. The industry advisory group, which is chaired by VisitScotland, and which several industry representatives are part of, has met at least 14 times in the past two years. The most recent meeting was also attended by the Minister for Housing.

Some of the provisions in the order, such as ensuring smoother processing for the transfer of licences and introducing more flexibility on the use of temporary exemptions, were included as a direct result of that engagement, offering technical clarifications and operational improvements for businesses.

The approach that is being taken in the order aligns with both our commitment to support businesses, and with the Verity house agreement, in recognising that licensing authorities have statutory responsibility for delivering the scheme. It ensures that the high quality of accommodation that visitors expect in Scotland is maintained, and prioritises the importance of doing business.

Given that Rachael Hamilton has said that she agrees with the technical aspects that are actually in the SSI, I urge members to vote for the motion.

There looks to be a move for the Government to continue to speak with the Association of Scotland’s Self-Caterers and those in the short-term let sector, in particular on reviewing the short-term let licensing scheme. Can the Government commit to that, following this discussion?

I ask you to wind up, cabinet secretary.

Certainly, Presiding Officer.

We are absolutely determined to carry on that discussion. The Minister for Housing has met stakeholders on a number of occasions, as have other ministers, and we will continue that dialogue.

While we are determined to move forward with short-term licensing because of the safety measures that I mentioned at the start of my contribution, I assure members that we will continue to engage with everyone, and the Minister of Housing looks forward to doing so very soon.

The question on the motion will be put at decision time.

The next item of business is consideration of five Parliamentary Bureau motions. I ask Jamie Hepburn, on behalf of the Parliamentary Bureau, to move motions S6M-13781, on approval of a proposed revised social security charter; S6M-13782, on committee membership; S6M-13783 and S6M-13784, on substitution on committees; and S6M-13795, on committee remits.

Motions moved,

That the Parliament agrees that the Proposed Revised Social Security Charter (SG/2024/96) be approved.

That the Parliament agrees that Patrick Harvie be appointed to replace Mark Ruskell as a member of the Constitution, Europe, External Affairs and Culture Committee.

That the Parliament agrees that—

Jackie Dunbar be appointed to replace Kevin Stewart as the Scottish National Party substitute on the Constitution, Europe, External Affairs and Culture Committee;

Elena Whitham be appointed to replace Fulton MacGregor as the Scottish National Party substitute on the Equalities, Human Rights and Civil Justice Committee;

Collette Stevenson be appointed to replace Colin Beattie as the Scottish National Party substitute on the Local Government, Housing and Planning Committee, and

Rona Mackay be appointed to replace Alasdair Allan as the Scottish National Party substitute on the Standards, Procedures and Public Appointments Committee.

That the Parliament agrees that—

Gillian Mackay be appointed to replace Ross Greer as the Scottish Green Party substitute on the Constitution, Europe, External Affairs and Culture Committee;

Lorna Slater be appointed to replace Mark Ruskell as the Scottish Green Party substitute on the Equalities, Human Rights and Civil Justice Committee;

Lorna Slater be appointed to replace Maggie Chapman as the Scottish Green Party substitute on the Local Government, Housing and Planning Committee, and

Patrick Harvie be appointed to replace Maggie Chapman as the Scottish Green Party substitute on the Net Zero, Energy and Transport Committee.

That the Parliament agrees to the following revisions to the remits of committees—

Name of Committee: Constitution, Europe, External Affairs and Culture Committee

Remit: To consider and report on the following (and any additional matter added under Rule 6.1.5A)—

(a) the Scottish Government’s EU and external affairs policy;

(b) policy in relation to the UK’s exit from the EU;

(c) the international activities of the Scottish Administration, including international development; and

(d) any other matter falling within the responsibility of the Cabinet Secretary for the Constitution, External Affairs and Culture and any matter relating to intergovernmental relations within the responsibility of the Deputy First Minister.

(e) matters falling within the responsibility of the Minister for Independence.

New Remit: To consider and report on the following (and any additional matter added under Rule 6.1.5A)—

(a) the Scottish Government’s EU and external affairs policy;

(b) policy in relation to the UK’s exit from the EU;

(c) the international activities of the Scottish Administration, including international development; and

(d) any other matter falling within the responsibility of the Cabinet Secretary for the Constitution, External Affairs and Culture and any matter relating to intergovernmental relations within the responsibility of the Deputy First Minister.

Name of Committee: Economy and Fair Work Committee

Remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for Wellbeing Economy, Net Zero and Energy, with the exception of matters relating to net zero and energy.

New remit: To consider and report on matters within the responsibility of the Deputy First Minister and Cabinet Secretary for Economy and Gaelic, with the exception of Gaelic; and on matters relating to just transition.

Name of Committee: Education, Children and Young People Committee

Remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for Education and Skills and matters relating to the Historical Abuse Inquiry and redress falling within the responsibility of the Deputy First Minister.

New Remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for Education and Skills and matters relating to the Historical Abuse Inquiry, redress and languages falling within the responsibility of the Deputy First Minister.

Name of Committee: Finance and Public Administration Committee

Remit: To consider and report on the following (and any additional matter added under Rule 6.1.5A)—

(a) any report or other document containing proposals for, or budgets of, public revenue or expenditure or proposals for the making of a Scottish rate resolution, taking into account any report or recommendations concerning such documents made by any other committee with power to consider such documents or any part of them;

(b) any report made by a committee setting out proposals concerning public revenue or expenditure;

(c) Budget Bills; and

(d) any other matter relating to or affecting the revenue or expenditure of the Scottish Administration or other monies payable into or expenditure payable out of the Scottish Consolidated Fund.

(e) matters relating to public service reform and the National Performance Framework within the responsibilities of the Deputy First Minister and public administration.

New remit: To consider and report on the following (and any additional matter added under Rule 6.1.5A)—

(a) any report or other document containing proposals for, or budgets of, public revenue or expenditure or proposals for the making of a Scottish rate resolution, taking into account any report or recommendations concerning such documents made by any other committee with power to consider such documents or any part of them;

(b) any report made by a committee setting out proposals concerning public revenue or expenditure;

(c) Budget Bills; and

(d) any other matter relating to or affecting the revenue or expenditure of the Scottish Administration or other monies payable into or expenditure payable out of the Scottish Consolidated Fund.

(e) matters relating to the National Performance Framework within the responsibilities of the Deputy First Minister, public service reform within the responsibility of the Cabinet Secretary for Finance and Local Government, and public administration.

Name of Committee: Health, Social Care and Sport Committee

Remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for NHS Recovery, Health and Social Care and matters relating to drugs and alcohol policy.

New remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for Health and Social Care.

Name of Committee: Local Government, Housing and Planning Committee

Remit: To consider and report on matters relating to local government and planning falling within the responsibility of the Cabinet Secretary for Finance and matters relating to housing and tenants’ rights within the responsibility of the Cabinet Secretary for Social Justice and matters relating to the Local Government Boundary Commission and local governance review and democratic renewal within the responsibility of the Deputy First Minister.

New remit: To consider and report on matters relating to local government and planning falling within the responsibility of the Cabinet Secretary for Finance and Local Government, matters relating to housing and tenants’ rights within the responsibility of the Cabinet Secretary for Social Justice, and matters relating to local government boundaries, local governance review and democratic renewal.

Name of Committee: Net Zero, Energy and Transport Committee

Remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for Transport, the Cabinet Secretary for Wellbeing Economy, Net Zero and Energy, with the exception of matters relating to wellbeing economy, and just transition; and on matters relating to land reform, natural resources and peatland, Scottish Land Commission; Crown Estate Scotland, and Royal Botanic Garden within the responsibility of the Cabinet Secretary for Rural Affairs, Land Reform and Islands.

New remit: To consider and report on matters falling within the responsibility of the Cabinet Secretary for Transport and the Cabinet Secretary for Net Zero and Energy, with the exception of matters relating to just transition; and on matters relating to land reform, natural resources and peatland, Scottish Land Commission, Crown Estate Scotland and Royal Botanic Garden within the responsibility of the Cabinet Secretary for Rural Affairs, Land Reform and Islands.—[Jamie Hepburn]

The question on those motions will be put at decision time.