The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 325 contributions
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
I will reflect on that. Again, if the committee recommends that, we will take the recommendation on board.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
We are confident. The aim of the expert reference group was to establish key principles and reflect them in this short bill, which defines what would be counted or classified as property in terms of digital rights. That is there, so we can start working up lists of what is excluded. That is a different approach altogether. It is like a devolution argument鈥攚hat is reserved and what is devolved, and we just leave everything devolving. That is the approach taken by the expert reference group. We are content to lay down the key principles in law of what defines digital assets as property. If something does not reach those thresholds, it will fail the test.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
The bill determines what is classified as digital property. Other legislation deals with other issues, such as people being conned out of money and the law being broken.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
I can bring the committee鈥檚 views to the attention of the Cabinet Secretary for Justice and Home Affairs who will, no doubt, be looking at those issues. They are also issues for Scottish Law Commission advice, because many of the steps that we take are in response to recommendations from the Law Commission. I am happy to write to the committee on that.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
No, not really. I commend the committee for the three evidence sessions that it has had on the bill. Those have been quite comprehensive, and the evidence that the committee has received has been illuminating and interesting. I therefore commend the committee for its hard work on this.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
The situation is evolving fast and the law will have to be agile in future because we can see where the world of technology and digital transactions is going. I cannot sit here and predict what the big issues will be in the next few years, but there will be greater need to understand the implications for Scots law, as Fraser Gough said. This is a global phenomenon and Governments around the world are wrestling with it.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
I remind the committee that there is a lot of support for the bill and for its short, sharp focus. There are other debates at the edges about what changes to technology will mean for the future, and many witnesses spoke about that, but there is a lot of support for the bill and for the need to have it now.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
You are looking at Fraser, but I do not know whether he wants to answer that.
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Richard Lochhead
The approach that we are taking is the correct one. Commercial activity is already taking place out there and the purpose of the bill is to recognise that. We therefore have to give legal certainty to it. The third-last Lord Advocate, or whoever it was, commissioned the expert reference group in the first place, because this is already happening in society. We need to give legal certainty to the trading of digital assets and recognise them as property in the way that we recognise other assets. That is what the bill deals with.
Some of the witnesses who the committee heard from, including members of the reference group, said that things will change in the future and the Parliament will have to return to the issue. However, at the moment, there is a requirement to deal with this specific issue, and the bill does the job.
Constitution, Europe, External Affairs and Culture Committee [Draft]
Meeting date: 11 December 2025
Richard Lochhead
Turning first to amendment 13, in Brian Whittle鈥檚 name, the meaning of a championship offence is already given in the bill itself. Section 18(1)(a) of the bill sets out that 鈥淐hampionship offence鈥 means an 鈥渙ffence under this Act鈥. No further guidance should be required. In any case, it is not usual practice for the Scottish ministers to issue guidance about the meaning of new criminal offences. The Scottish Government, along with our partners, will seek to raise awareness of the bill and the offences under it, as is usual practice. Linked to that, there is already a duty for Glasgow City Council to issue guidance about trading and advertising in event zones to help businesses and the public to understand the relevant provisions.
Regarding enforcement action, it will be for Police Scotland and Glasgow City Council, as well as the Lord Advocate and the Crown Office and Procurator Fiscal Service, to consider how best to investigate, enforce and prosecute offences in the bill. Providing detailed guidance to those bodies on operational matters is not the Scottish Government鈥檚 role, so I ask the committee to resist Brian Whittle鈥檚 amendment 13.
Turning to amendments 10 and 12, in George Adam鈥檚 name, we are already working closely with our delivery partners on the bill鈥檚 provisions and how they will be evaluated. Given the committee鈥檚 strong interest in the potential impacts of the bill鈥檚 provisions, we are happy to support those amendments. We will continue to work closely with our delivery partners to report in a timely manner, and those amendments will underpin our undertaking to do so.