President's update for September!

Andrew Hetherton

August for many would often have been an opportunity to take a break and enjoy the summer sun but this year its different. Many have had the opportunity to “eat out to help out” but may have had to take a chance on finding a table available Monday to Wednesday or risk sitting out side with some unusually inclement weather coupled with the travails of trying to book ahead to ensure a table is secured. 

From the President’s perspective a quiet month might normally be expected but this year is so different. Over the last few weeks, I have been able to participate in a range of discussions and meetings around the wide ranging review of the “Fundamental Review of Business Rates”. I participated in discussions with other organisations including the Rating Surveyors’ Association which through the leadership of both Thomas Stratton (President) and Josh Myerson (President Elect) which was engaging and thought provoking. Josh prepared a extremely useful summary of the questions and topics for review, enabling commentary to be provided. The RSA Committee discussion was divided between teams to consider each aspect of the review. 

The IRRV effort has been facilitated by Officers and I have been able to participate in a wide-ranging discussion of the review with the Law & Research Portfolio Holder (Alistair Townsend) meeting with Council members initially and then with Faculty Boards meeting to focus the detail from the perspective of the members of the Board.

We should all recognise the importance of the review and as a consequence have ask all members to provide their thoughts. Having said that however we have had many reviews or consultations in recent years, some going over the same ground and indeed I hear and read a great deal of views and opinions being offered by many; from ratepayers, to industry representative bodies, those who are instructed on behalf of their clients and of course Local Authorities who play a key role in collection of both Council Tax and Non Domestic Rates. But this time it seems, to me, to be especially important to ensure that we all contribute and I know the IRRV will be at the fore in providing its input.

We are at a cross roads and it is essential to avoid the pitfalls, mistakes and impromptu decisions that can often be presented to Ministers for a decision because experience tells us that these can lead to unexpected outcomes that are not helpful, impractical or worse still acted on without a full understanding. 

Thankfully I’ve not come across motorway cross roads but it seems for some in Scotland the consultation on Draft Regulations on civil penalties for failure to provide information to Assessors (and Councils) under the Non-Domestic Rates (Scotland) Act 2020 is just that, a crossroads. It is certainly causing a great deal of concern. The proposals of course stem from the detailed work of the Barclay Review which the IRRV has been fully engaged, yet moving from a system that was totally ineffective and not enforced, to what now appears to some to be extremely draconian, disproportionate and harsh, is perhaps a wake up call that should be taken seriously. 

Elements of the new legislation place a requirement on those that might have the information to provide it and its one thing to require provision of information from the occupier or landlord but its quite something else to cast the net so wide as to require someone else “believed” to be in possession of the information coupled with extremely punitive penalties if not actioned. What’s actually needed is a system that’s practicable, capable of being broadly understood, accepted and realistic. 

In concluding I’m presently at home preparing to log on to the IAAO Virtual Conference 2020, it was originally intended to be taking place in Denver, Colorado and the conference programme looks great, a variety of speakers and a range of topics of interest. It was the intention of course to be in Denver in person, my wife and family were then due to hotfoot it back to the UK to one of my favourite events of recent years, the IRRV Scotland Conference at Crieff Hydro. We have thoroughly enjoyed attending previous conferences at Crieff and indeed the various social events taking place including the Gala Dinner. I’m going to have to pop out to locate some tablet and haggis mind to assuage my cravings for a taste of Scotland which might be a bit of a challenge but before you ask though the Scotch Whiskey is all ready lined up to sample. I will update you on how it went in my next letter. But between now and then my focus will be in supporting the IRRV Conference team in drawing together the plans for our own virtual conference which by all accounts will be a fantastic event. It is of course offered free to members and will provide some great headline speakers, thought provoking debate, discussion and the opportunity to hear from leading experts.

Cheers for now at least, keep safe and well

Andrew