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NEWS
10 Nov 2009

Home Owner and Debtor Protection Bill "not fit for purpose"

The principal of the Govan and Govanhill Law Centres, Mike Dailly, has written to the Justice Committee to express urgent concerns that the bill -which is scheduled to be rushed through Parliament tomorrow- is not fit for purpose and as presently drafted would cause serious detriment to consumers in Scotland.

Instead, Dailly says some "simple" amendments to the existing Mortgage Rights (Scotland) Act 2001 would achieve the desired results. Dailly has offered to draft the necessary amendments himself.  He says at present a "horse and cart" could be driven through the flaws in the Bill.

"We believe it would be very easy to add some very simple amendments to the MRA to achieve all of the Repossession Sub-Group key recommendations, and we are astonished that a Bill could be presently to the Scottish Parliament with so many flaws, mistakes, poor drafting and regressive provisions, that would ultimately provide less protection for homeowners that the existing law," Dailly says.

"Given the fundamental conceptual and drafting flaws in the Bill, we would urge the Local Government and Communities Committee to recommend that the Scottish Parliament reject this Bill at Stage 1. We would urge the Scottish Government to give consideration to re-drafting a Bill to amend the MRA and we would be happy to assist in how this could be achieved by some precise and straight-forward minor amendments to the MRA."

The committee is due to consider the bill today.

 


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