The introduction at stage 2 of paragraph (fa) to section 7(2) amended the bill to allow the Scottish ministers to introduce regulations to enable the debt arrangement
Amendment 42 would include in the bill the right for a debtor to appeal if they are not allowed access to a debt arrangement scheme. It would allow a right of recourse to the sheriff for impartial reconsideration of the matter. I make the point that that is a common provision; for example, the Housing (Scotland) Act 2001 permits disgruntled tenants to have access to the sheriff if they are aggrieved about certain formal decisions that have been taken by their landlord. The amendment is both sensible and consistent with other legislation in allowing a debtor the right of appeal in relation to a determination not to allow them access to the debt arrangement scheme.
Amendment 42 is straightforward. It would include in the bill a provision that should be in the bill. I appeal to members and the minister to support the amendment.
I move amendment 42.
We believe that amendment 42 is unnecessary. It had been intended that the general power provided by section 7(1) would enable regulations to provide for an appeal mechanism. However, at stage 2, a provision was added to section 7 to provide specifically that the regulations may make provision for appeals against determinations of the Scottish ministers on applications for approval or variation of debt payment programmes.
In addition, amendment 42 would provide that diligence be suspended pending the outcome of the appeal to the sheriff. However, that would have the effect of pre-judging the outcome of the appeal. I therefore recommend that Tommy Sheridan seek to withdraw amendment 42.
Division number 10
For: Canavan, Dennis, Harper, Robin, MacDonald, Ms Margo, Sheridan, Tommy
Against: Adam, Brian, Aitken, Bill, Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Campbell, Colin, Chisholm, Malcolm, Craigie, Cathie, Crawford, Bruce, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Ferguson, Patricia, Fitzpatrick, Brian, Fraser, Murdo, Gallie, Phil, Gibson, Mr Kenneth, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grahame, Christine, Grant, Rhoda, Gray, Iain, Hamilton, Mr Duncan, Harding, Mr Keith, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lochhead, Richard, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, McAllion, Mr John, McAveety, Mr Frank, McCabe, Mr Tom, McGugan, Irene, McIntosh, Mrs Lyndsay, McLeish, Henry, McLeod, Fiona, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Morgan, Alasdair, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Paterson, Mr Gil, Peacock, Peter, Peattie, Cathy, Radcliffe, Nora, Raffan, Mr Keith, Reid, Mr George, Robison, Shona, Robson, Euan, Rumbles, Mr Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Mrs Margaret, Stephen, Nicol, Stone, Mr Jamie, Sturgeon, Nicola, Swinney, Mr John, Thomson, Elaine, Ullrich, Kay, Wallace, Ben, Wallace, Mr Jim, Watson, Mike, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan, Wilson, Andrew, Young, John