This week saw the Negotiator Magazine report on a letter ( a private one!) sent by the Association of Home Information Pack Providers to its members comprising solicitors, estate agents, domestic energy assessors, home inspectors, insurance companies and other home information pack providers. The letter related to legal advice sought on issues surrounding the Conservative’s pledge to ‘scrap’ Hips. The letter was never intended to be made public. It is clear its publication was deliberate stemming no doubt from the same childish mischief that saw the AHIPP video prepared for the Conservative Party Conference being ‘dubbed’ with anti-HIP comments.
I am not sure why the activity of a well organised and funded organisation that has and continues to do all it can to protect the interests of the 10,000 people working within the HIP industry, seems to attract so much attention and in certain quarters, derision. Is it I ask to do with the fact that unlike other trade associations, such as the Law Society and the National Association of Estate Agents, AHIPP in its action and words is beginning to have some impact on the Conservatives and the anti-HIP lobbyists? Is AHIPP beginning to get under their skin?
I also question whether it is proper and correct to belittle their efforts when all they are trying to do is to bring about an outcome that will save thousands of jobs and use the investment and innovation of their members as a spring board for further reform to an antiquated system for buying and selling property.
It is hardly the fault of their members that they are now looking down the barrel of a political gun? Just because HIPs do not fall within the political ideology of the Conservative Party they are facing major uncertainty and the prospect of losing millions and millions of pounds of investment. Does the Conservative Party care? According to Grant Shapps it seems the personal consequences of his Party’s political whim are of no concern. He and his Party have no connection with the loss of employment and investment. Those young people who we and other businesses employ and who are dependent on their jobs in a climate where unemployment runs high, to pay their bills etc, simply do not register on his radar. I made this observation to a local and recently appointed Conservative MP and her reaction was dismissive. She did not seem to care one iota.
The industry has now been up and running for over 2 years. It was established in response to the call from Government. The Government encouraged those in the industry to invest in information technology as well as people so as to ensure its legislation could be implemented and more importantly work. The industry responded accordingly and has despite the recession and other hurdles worked hard to establish successful networks and IT infrastructures. Forget the legal implications for one moment, is it, I ask, morally correct for a Government, albeit a different Government to then change its mind and to then allow an established industry and all those working within it to fall over and crash.
In the same way as RICS stood up to the Government at the time the HIP regulations were first introduced, surely AHIPP should not be viewed as desperate or antagonist just because it is wishes to preserve jobs and investment. Yes self interest, but surely this is what motivates us all to act with passion and focus. Look at the refuge workers in Leeds and the postal workers. Look also a Joanne Lumley and her work with the Gherkas. Her reason for taking up their cause emanated not only from her personal belief that a wrong was being perpetrated but also from a family connection.
There is a general perception that the HIP industry is based on ‘fly by night’ businesses. This is however so far from the truth as it comprises of well intentioned property professionals, such as solicitors, surveyors and energy assessors who really care about their industry and who wish do all they can to preserve their businesses and livelihoods whilst at the same time using this passion to bring about reforms that will benefit the consumer.
These people are also entrepreneurs, the same entrepreneurs that David Cameron referred to in his key note speech at the Conservative Party Conference. He said entrepreneurs would be needed to help repair what he described as ‘broken Britain’. Well Mr Cameron you already have entrepreneurs willing and able to help if your Party is prepared to give them a chance to develop and expand their businesses.
So back to the article in the Negotiator on which surprisingly (or perhaps not so surprisingly) Mr Shapps was available for comment. He stated in response to the news of AHIPP’s decision to seek legal advice:
"Once again AHHIP is leading their members up a garden path by asking them to pay yet more money for pointless legal advice. No legal challenge can successfully trump a manifesto pledge and primary legislation. It's a fact that no parliament can bind a future parliament, and so there will be no legal route to blocking the abolition of HIPs."
To begin with there is no manifesto pledge as yet, and secondly is it not perhaps presumptive (and perhaps bordering on arrogance) to believe Mr Shapps that the Conservative Party will become the next Government. Having seen the legal opinion, and in my capacity as a lawyer with experience in this area (I was part of the legal team involved in the RICS judicial review litigation) Mr Shapps and his legal advisors should proceed with caution. The Industry will not go down without a fight.
Surely the risk of legal embarrassment so soon after being elected (if this turns out to be the case) must be good reason without more (let alone the strong intellectual arguments) to work with the industry and come up with a solution that will maintain the momentum of reform to the home buying and selling process and ensure that the existing industry and the jobs and innovation it provides is kept in place.
There is good and solid legal argument that could make it very difficult for Mr Shapps to implement his political agenda. Surely it would be far better (and safer) for a progressive political party to listen, to engage in intellectual dialogue and not to act solely on the desire to point score.
I know this is political as I was at the Conservative Party Conference. I spoke to at least 25 MPs during my attendance. Much to my annoyance the majority of these politicians did not know what was in a HIP and a fair few number still believed the HIP comprised of a survey of a property!
With so much ignorance and lack of understanding it so important that the industry has an effective trade association and one that is prepared to look at all available options to convey their case and to ensure politics is not allowed to adversely impact on jobs, livelihoods, progressive and intuitive technology, as well as well placed investment. If this means going to Court then so be it.
I call upon those within the industry as well as outside observers to support this industry and to bring further pressure on the Conservative Party to come to the table and to engage and work with the industry to use the existing infrastructure to bring about reforms to the home buying and selling process. Please engage with Mr Shapps and your local Conservative Party MP or prospective MP. Mr Shapps can be e-mailed at: collinsti@parliament.uk Tell Mr Shapps how you entered the industry, the sacrifices you made, the money that you have committed, the feedback that you have received from consumers and what will happen if he goes ahead as he says he will to dismantle the industry. Tell him about the personal consequences. Have your say before it becomes too late. Feel free to copy me in.
Please also email me at david.pett@me.com if you are interested in becoming part of an industry legal action group.
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