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Current Petitions

Home Loss Payment (PE988)

Tuesday 9 September 2008 Public Petitions Committee Petitions 46 contributions · 8 speakers

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The record

46 contributions
Frank McAveety Lab The Convener · Glasgow Shettleston
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A number of petitions are on the go. I thank the members of the public who have attended the committee so far.PE988, by Ian Macpherson, on behalf of Harvieston Villas residents, calls on the Scottish Parliament to urge the Executive to increase the home loss payment. The Minister for Transport, Infrastructure and Climate Change, Stewart Stevenson MSP, is waiting to speak to us, as is Stephen Garland, an official from the Scottish Government. I thank the minister for his patience—we overran ever so slightly because of earlier petitions.PE988 has been in our system and the minister has had a chance to see the communications and read about the discussion so far. Minister, do you wish to say something now or will we go straight to questions and answers?

Stewart Stevenson SNP Banff and Buchan
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Thank you for the opportunity. We have undertaken an internal review to consider whether any changes should be made to the home loss payment system. As the committee is aware, having considered the situation, we decided not to increase the levels of payment or to change the system for calculating the amount of the home loss payment.Home loss payments, lest we forget, are made in recognition of the distress that inevitably is caused when a person loses their dwelling mainly, but not exclusively, as the result of compulsory purchase. The payments are part of the wider compensation package, which includes compensation of the market value of their property and assistance with the cost of relocation. We are aware that the maximum levels of home loss payment are higher in other parts of the UK, which means that people there may receive a bigger payment, depending on the value of their property. However, that fact in itself does not justify increasing levels in Scotland at the expense of vital infrastructure projects.Home loss payments are made by the promoters of compulsory purchase orders. Cumulatively, increases in home loss payment levels could have serious implications for the delivery of key policies, especially new-build housing under the affordable housing investment programme. We estimate that increasing home loss payment levels to the equivalent levels in England would raise the cost in the period 2008 to 2011 from the current £19 million to £51 million. We believe firmly that it is better to allocate that money to other priorities, such as increasing the availability of social housing.I take the opportunity to reassure members of the committee that, although we have decided not to make changes to the Scottish home loss payment process at present, we will continue to monitor the situation in the context of Scottish policy priorities. If circumstances change in the future, we may revisit the issue. We examined whether there were issues that we should consider further. I am happy to take questions from the committee.

Nigel Don SNP North East Scotland
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This may be a tangential issue, but according to my notes the maximum payment that can be made is £15,000 and the minimum is £1,500, depending on the value of the property. If a home loss payment is made for what I might describe as distress at having one's property taken away, it is not immediately obvious to me why its size should depend on how big the property is or how much it costs. Are you in a position to rationalise to me to some extent how a tenfold difference in anguish can be justified in monetary terms?

Stewart Stevenson SNP Banff and Buchan
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The member makes a fair point. Distress is unlikely to be related directly to the value of the house. At present, the home loss payment is set at 10 per cent of the value of the house, up to a house value of £150,000. The distress that is suffered by owners of higher-value properties should not be materially different. People also receive compensation for the financial value of their house and financial assistance in moving to a new property.

Rhoda Grant Lab Highlands and Islands
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It seems unfair that the level of home loss payment is based on the value of a person's house rather than the length of time that they have spent there. If someone has lived in a house for a couple of years, it is unlikely that they have grown hugely attached to it; if they are compensated properly for the house's value, they can move on. If a home has been in a family for generations, having to move out of it might involve huge emotional trauma, even if the house is not worth very much. I am disappointed that you seemed to state that you do not intend to re-examine the issue. It would be good if you took away some of the issues that are raised in the petition and re-examined the matter, if only to give the petitioner some assurance that their concerns have been dealt with.

Stewart Stevenson SNP Banff and Buchan
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The member makes an interesting point that I do not seek to disregard, but the petition asks us to increase the levels of payment. I draw committee members' attention to the fact that more than 90 per cent of compulsory purchases are settled before the compulsory purchase order process has been completed. There is a high degree of acceptance of the financial compensation that is on offer to people.One of our considerations is that home loss payments are made by the promoters of compulsory purchase orders, which are used primarily when old properties are demolished to build social housing. Any increase in payments would have implications for the social housing budget.The key point in the petition relates to increasing the payments. I am saying that we have considered the matter and we are not minded to increase them.

Rhoda Grant Lab Highlands and Islands
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So you have not closed the door to considering the other aspects.

Stewart Stevenson SNP Banff and Buchan
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I do not want to mislead committee members. It is not our immediate intention to reconsider the scheme. I do not disregard the point about the time that someone has spent in their house, and we will take it on board when we next consider the scheme.

Nanette Milne Con North East Scotland
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Do you know how the financial compensation for loss of house in Scotland compares with the compensation in England?

Stewart Stevenson SNP Banff and Buchan
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In England, the ceiling is three times higher, or thereabouts, and it is incremented annually. At the moment, the compensation goes up to £47,000, which is substantially more than in Scotland. However, I return to the point that we are making different policy choices for the money. I will give you some figures. If we adopted the English model, we would spend an extra £32 million on the scheme over three years and an extra £75 million in the period to 2016. That money would be displaced from our investment in affordable housing. The policy choice that we have chosen to make, which I defend, is to put the money into social housing rather than use it to increase home loss payments, especially as the clear evidence from the behaviour of people in Scotland is that the overwhelming majority—more than 90 per cent—accept the compensation package including the compensation for distress.

Nanette Milne Con North East Scotland
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I was asking not about the part of the package that compensates for distress but about the compensation that householders get anyway. Is that higher in England than in Scotland?

Stewart Stevenson SNP Banff and Buchan
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There are three parts to the financial settlement that people get: home loss payment, which is the subject of the petition; the purchase of the property at a fair market value, which is always the subject of some negotiation, as you would expect; and the expenses associated with moving. In the great majority of cases, the matter is settled by voluntary purchase, which is freely entered into and made, and there is no need to complete the compulsory purchase order process. Even when compulsory purchase is put in place, more than 90 per cent of purchases are completed without the order having to go through the full legal process. By and large, and in the generality, the evidence is that the system is working reasonably satisfactorily.

Bashir Ahmad SNP Glasgow
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How many houses are involved in compulsory purchase?

Stewart Stevenson SNP Banff and Buchan
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It varies from year to year, but broadly there are about 5,000 demolitions per annum.It is perhaps worth while for me to make the additional point, as it has not arisen either in questioning or in my remarks, that tenants are entitled to compensation for the loss of their home and owners are entitled to compensation for the value of the house. Tenants are included in the figures as well.

Claire Baker Lab Mid Scotland and Fife
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The petition raises an issue of fairness. There is possibly room for a review of the system in Scotland. I accept the minister's point that, if we moved immediately to the levels that exist in England, the spending increase would be around £35 million. However, there is a case for making a slight and perhaps incremental increase to a maximum of £20,000 and then having a review of the kind that Rhoda Grant suggested and considering basing the payment on years in the house or something else that better reflects the distress that is caused. I accept the minister's point on the policy choices that have been made and the budget within which he is working, but things can be done within the current budget that might address the petitioner's concerns.

Stewart Stevenson SNP Banff and Buchan
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We certainly intend to continue to monitor the situation, although, as I have said, having just completed an internal review we shall not be doing a further review immediately. Fairness is about striking a balance. Our overriding concern is to ensure that we improve the quality of housing that is available to people—particularly affordable and social housing—and our preference is to put the money into that pot rather than increase the home loss payment. I accept Rhoda Grant's interesting point, which has not been made to me as minister before—although it might have been made to officials in the past—and we will certainly take it on board for future reviews. I appreciate the logic of what she said. However, raising the payment when no substantial pressure to do so arises from the outcomes of compulsory purchases would simply divert money away from providing affordable housing and supporting the social housing sector and would increase the amount of money that is available to people with more expensive houses. The policy choice that we will continue to make is to retain that money for affordable housing and the social housing sector.

Claire Baker Lab Mid Scotland and Fife
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The Waverley Railway (Scotland) Bill Committee pointed out that people had to move out of their houses to make way for publicly funded projects, so it seems unfortunate that the money has to come from the social housing budget rather than one that is more closely linked to the project that is displacing people.

Stewart Stevenson SNP Banff and Buchan
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Remember that compulsory purchase orders are available only to the public sector for a defined public benefit. The promoter of the compulsory purchase order has to pay all the costs that are associated with it, including the home loss payment, so if the overwhelming majority of home loss payments are made in the context of housing and urban refurbishment, the budgets for those activities must bear the cost of the home loss payment and the other costs that are associated with compulsory purchase orders. The budget for railway or road schemes would bear the cost of any compulsory purchase orders, because that is part of the process by which the necessary resources for such projects—the land and so on—are put in place. It would be difficult in policy terms to change the way that the home loss payment scheme operates only in relation to railway projects. That position would be unsustainable. The overwhelming majority of compulsory purchase orders are associated with the demolition of homes to make way for urban regeneration, urban refurbishment and housing, so the primary home of additional costs would be the budgets that relate to the policy choices that arise from our priorities.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Have you ever had a legal challenge on the home loss payment?

Stephen Garland Scottish Government Directorate for the Built Environment
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In what terms?

Frank McAveety Lab The Convener · Glasgow Shettleston
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In terms of equity. Has anyone challenged it because a certain calculation is relevant elsewhere in the UK but not in Scotland?

Stephen Garland Scottish Government Directorate for the Built Environment
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We have not had a legal challenge. We raised the issue of human rights concerns, which may touch on that, and it did not come up.

Frank McAveety Lab The Convener · Glasgow Shettleston
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The minister mentioned that, in the rest of the UK, there is an incremental figure. Does the incremental figure happen to be different in Scotland or is there none?

Stewart Stevenson SNP Banff and Buchan
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To be clear, Northern Ireland has a higher figure but no incremental increase. England and Wales have a higher figure that is incremented annually in line with inflation. We have a lower figure that is fixed. That is the position as of today.

Stephen Garland Scottish Government Directorate for the Built Environment
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The convener might mean different payment levels, as opposed to the situation in England and Wales, where the level is reviewed annually.

Frank McAveety Lab The Convener · Glasgow Shettleston
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I have two questions. Does England have annual uprating?

Stephen Garland Scottish Government Directorate for the Built Environment
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Yes.

Frank McAveety Lab The Convener · Glasgow Shettleston
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How much is that uprating and does it apply to other parts of the UK?

Stewart Stevenson SNP Banff and Buchan
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No annual uprating takes place in Northern Ireland or Scotland.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Is that difference of long standing or, in these complex post-devolution times, is it the product of changes since 1999?

Stewart Stevenson SNP Banff and Buchan
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In 2003, the system in England and Wales changed from one that was similar to ours.

Frank McAveety Lab The Convener · Glasgow Shettleston
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That raises another question. In 2003, was a different view taken about the uprating figure? You say that England and Wales have a higher uprating figure, which you have chosen not to use in Scotland—that is your call. Is that because England and Wales uprated extensively in 2003 or have the different rates accumulated historically?

Stewart Stevenson SNP Banff and Buchan
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The uprating since 2003 in England and Wales is not the substantial contributor to the ceiling of £47,000. The level in Northern Ireland was amended in 2004 to £45,000, but no provision was made for annual reviews. The position is simply the result of a policy decision, to which the Government adheres. I cannot speak for what ministers might have thought about in 2003. I have—properly—no access to any advice that they might or might not have been given. The previous Administration chose not to follow England then and we do not choose to follow it now.

Frank McAveety Lab The Convener · Glasgow Shettleston
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So we are living up to our reputation.As members have no other questions, I thank the minister for his contribution and for waiting patiently.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Are you telling me that this committee is much better than previous ones?

Stewart Stevenson SNP Banff and Buchan
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Just as you did not wish to fall out with the Presiding Officer, I do not wish to comment on that remark.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Thank you for your time.After the minister's evidence, we now have to determine our response to the petition. Do members have any observations or comments?

Nanette Milne Con North East Scotland
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We heard a clear answer, so I do not think that we can pursue the matter.

Frank McAveety Lab The Convener · Glasgow Shettleston
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There was some sophistry in the comparisons, but I leave the judgment on that to other committee members.Budget and policy options are compared in many ways. The only trouble is that when individuals in Scotland lose their homes, they are signally less advantaged than their equivalents in Northern Ireland and England and Wales—I presume that the England figure applies to Wales, because of the structure of the National Assembly for Wales. If I were an ordinary citizen and the house in which I had lived all my life was taken away from me, I would feel aggrieved. We need to address the petitioner's concern. I understand the minister's argument, but the petitioner has an issue.

Nigel Don SNP North East Scotland
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We have done what we should do. We have taken the issue to the appropriate authority and discussed it seriously. The minister has done what ministers do, which is make decisions, by which he will stand or fall. We have finished. We might have personal views, but it is time for the committee to close the petition, because we have done what we can. I suggest that that is it.

Frank McAveety Lab The Convener · Glasgow Shettleston
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I do not have a problem with that, although I have concerns about a cumulative failure. I am not talking only about the present minister—the same applies to colleagues of mine who were in government previously. I can understand that that can happen when a civil servant is pushing and saying, "No change, buddy, because it would have an effect," but we are not even taking an incremental compensation approach for ordinary punters in Scotland who find that their houses are to be taken away from them. We might have a different starting point. However, I concede Nigel Don his point. The petition has raised an issue, it has gone to the top of the tree and a policy decision has been made. We must accept that, although we might have different views on what happens after that. That is a matter for everybody around the table and beyond. Nigel Don suggests that we close the petition on the basis of the response from the minister, although the petitioner might find other ways in which to explore the issue. Are members happy to accept that recommendation?Members indicated agreement.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Claire Baker has to leave because of other commitments. I thank her for her time.

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