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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 14 August 2025
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Displaying 1074 contributions

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Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 2

Meeting date: 20 March 2024

Paul O'Kane

Public debt, which is debt that is owed to public authorities, including local authorities, is a growing issue for struggling households. Unlike private debt, it is not covered by Financial Conduct Authority regulation, which compels lenders to take measures to ensure that debtors are treated fairly, with consideration given to vulnerabilities.

Amendments 22 and 23 provide the committee with two options for addressing gaps in regulation. They would require ministers to provide regulations asking for local authorities that are pursuing debt to engage in a reasonable manner and with due regard to the position of the debtor. In particular, amendment 23 includes a provision that would ensure that debtors would get help to maximise their income through identified income maximisation services, which would help with servicing the debt that is owed to local authorities and would help debtors to get free of debt by ensuring that they fully accessed their potential income.

Amendment 22 is a more detailed version of the pre-action requirements and is based on rent arrears regulations. Amendment 23 offers a more simplified approach that might offer wider flexibility to ministers in that space, and it includes the aforementioned detail on income maximisation.

I believe that it is important that we have this debate about how to support people in this area. I have lodged my two amendments to provide options to the committee for discussion.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 2

Meeting date: 20 March 2024

Paul O'Kane

We were looking at where the bulk of public debt falls, which is on local authorities, and we found, through some of the work that we have looked at, that there are often variances in how local authorities pursue debt and in the support that they give to people who require to repay that debt. Organisations such as Aberlour Child Care Trust have piloted a number of such schemes across Scotland, including in Dundee, to address how local authorities might interact with people differently in that space. In the light of that work, we were keen to bring forward regulations that ensure that there is a more uniform approach among local authorities.

On Mr Whittle鈥檚 point about singling out or targeting local authorities, I do not think that that is the intention. It is about public debt more broadly, but it is also about the fact that the lion鈥檚 share of debt that is collected鈥攚hether council tax, housing rent or school meal debt鈥攊s collected via local authorities. That is why the burden falls so heavily on local authorities.

That said, we recognise that the regulations would come with a potential financial implication for local authorities because of what they seek to do, and we would be keen to push the Government on the support that it offers to local authorities in that regard, as it has done with things such as school meal debt.

As I have said, the policy intent is to provide for regulations on actions that local authorities must take prior to pursuing debt that is owed to them and to require ministers to make provisions so that the debtor is aware of what is going to happen and has full support to maximise their income prior to the debt being collected.

Public debt is a significant and pressing issue in Scotland. As I mentioned, Aberlour has done a huge amount of work on the issue, and it highlighted in 2023 that 55 per cent of low-income families in Scotland that are in receipt of universal credit had at least one deduction from their monthly income to cover debts to public bodies.

Amendments 22 and 23 will begin the process of ensuring that public debt and debtors are treated fairly and with the same consideration that is required in relation to regulations on private lenders. The amendments seek to make the process around public debt collection fairer by creating more space for regulations that ensure that local authorities provide debtors with adequate information on the nature of their debt and the support that is available to them through debt advice packages. Similar actions were taken on rent arrears through Covid legislation, and these amendments are very much based on that.

Particularly important, given the scale of public debt, is that the duty to engage with income maximisation services would greatly help people who are in debt to boost their incomes and start to get out of a cycle of problem debt, and it would help local authorities to create more income for families to service the debts that they owe public creditors.

I move amendment 22.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 2

Meeting date: 20 March 2024

Paul O'Kane

On the basis of what I have said, I seek to withdraw amendment 18.

Amendment 18, as amended, by agreement, withdrawn.

Amendment 19 not moved.

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 14 March 2024

Paul O'Kane

If there is further information, that would be helpful to the committee.

Does anyone else have a view, based on the work that you are doing with other groups?

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 14 March 2024

Paul O'Kane

Good morning to the panel. Following on from that point, I am interested in how the current process is working in transferring people from personal independence payment to adult disability payment or child disability payment. How quickly is the authorisation process working for the people who are being transferred? Does anyone have views on, or insights into, the current process?

Equalities, Human Rights and Civil Justice Committee

HIV: Addressing Stigma and Eliminating Transmission

Meeting date: 12 March 2024

Paul O'Kane

Good morning. In the first evidence session, I was particularly interested to hear about PrEP and to hear people鈥檚 views on the progress of the online clinic proposals. There are wider views about how that online service could enhance the reach of PrEP. We will go on to talk about people who still feel excluded from PrEP or who face stigma.

Who wants to come in first, with an overview?

Equalities, Human Rights and Civil Justice Committee

HIV: Addressing Stigma and Eliminating Transmission

Meeting date: 12 March 2024

Paul O'Kane

That is useful for us to hear, following the earlier conversation. It is something for the committee to consider.

Equalities, Human Rights and Civil Justice Committee

HIV: Addressing Stigma and Eliminating Transmission

Meeting date: 12 March 2024

Paul O'Kane

Good morning. In the opening remarks and through the conversation, we have spoken about PrEP, which it is important for us to consider further. The Scottish Government has been developing an online PrEP clinic, which would allow people to order the medication without having to go through specialists, as we heard. I ask the witnesses to provide an update on the progress of that.

Equalities, Human Rights and Civil Justice Committee

HIV: Addressing Stigma and Eliminating Transmission

Meeting date: 12 March 2024

Paul O'Kane

Thank you for that very comprehensive overview for the committee. Members might not always have been fully aware of the issues.

I do not know whether anyone else wants to add anything, but I was wondering, Dr Howe, whether you have a view on rurality and, say, the Highland area and the impact of this approach with regard to getting the service out more widely in a geographically challenging area.

Equalities, Human Rights and Civil Justice Committee

HIV: Addressing Stigma and Eliminating Transmission

Meeting date: 12 March 2024

Paul O'Kane

Does anyone else want to comment on either of those issues?