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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 13 August 2025
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Displaying 1169 contributions

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Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

We are continuing to engage with the UK Government on the outstanding issues that I highlighted earlier. Of course, the timetable for the bill will be determined at Westminster. That is the context in which we must operate.

George Burgess might want to comment more broadly on where we are with the process and the timetabling, and when the bill will reach its next stage in the Lords and the Commons.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

As I said in my opening remarks, the position reflects the fact that the bill covers a number of areas that involve reserved and devolved competencies. We also want to take a proportionate approach.

You will be well aware and fully cognisant of the Scottish Government鈥檚 position on the UK Government鈥檚 approach to a range of devolution issues, but we have had constructive engagement on the bill. Following engagement by officials and ministers, the UK Government brought forward amendments. The legislative consent motion does not propose consent to the entire bill, but we hope that further discussion will provide the opportunity to remedy our outstanding concerns. Scottish ministers will meet their UK counterparts to engage later this week.

I recognise that timescales are tight now, but a constructive approach has been taken to ensure that we respect the devolution settlement and recognise that, in a bill that is as complex, substantial and long as this, issues might arise as a result of discrepancies or inconsistencies with the principles that we want to be upheld. Through a constructive process of engagement with the UK Government, we have remedied a number of issues. I hope that we will be able to do that with the outstanding items.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

I recognise the point that you make. The bill will strengthen deterrence, as I said in my initial remarks. It will also create parity with the equivalent regime in England, and safeguards will be in place. George Burgess or Kirsty Anderson might want to add to that.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

I am not sure whether George Burgess wants to come in on that.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

I will ask George Dickson to come in on that.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

As the committee will be aware, the UK Government undertook extensive consultation ahead of the introduction of this legislation, but there has been a lot of close engagement between Scottish Government officials and UK Government officials, particularly in the Home Office. George Dickson or Kirsty Anderson might want to add something about the engagement with UK Government officials on that matter.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

If there is a specific question, I am happy to follow up in correspondence to clarify that. The general broad engagement that took place in the preparation of this legislation was undertaken by the UK Government, as it is a UK Government bill, but you highlighted an area where a devolved competence comes into play鈥攈ence the LCM. As we have said previously, we generally try to have as much coherence with the regimes right across the UK, given that that is the best way to effect the desired outcome that we all share.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

It is difficult to envisage such a scenario arising. There is no broad agreement on the policy intent of the legislation, but there is a need to ensure that the processes for effecting that are consistent with the devolution settlement鈥攈ence the amendments that we requested on consult and consent mechanisms, to which the UK Government acceded.

George Burgess might want to comment on the thinking behind that.

Criminal Justice Committee

Economic Crime and Corporate Transparency Bill

Meeting date: 24 May 2023

Tom Arthur

I think that that is how it would operate in practice, but I am conscious that that role in statute for Scottish ministers allows for direct accountability back to the Parliament, which is a particular concern of the Parliament and something that we have sought to ensure. However, in practice, it will be as George Burgess outlined and, if such a scenario arose, there would be a great degree of co-operation and co-ordination anyway. The possibility of a dispute arising in such a context seems remote, but, of course, there would be that means of Scottish ministers being held to account by Parliament for their decisions on consent.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 28 March 2023

Tom Arthur

There has been a 12-week consultation that speaks to existing PDR being enhanced. Local authorities can, subject to confirmation by ministers, use an article 4 process through the general permitted development order, which can restrict or exempt particular areas from permitted development rights. That addresses some of the other points that have been raised. It is important to put that on the record, because, beyond the other consenting regimes to which I referred, in extremis, if a local authority deems it required because of unintended consequences, there is a means under the existing provisions, subject to ministerial confirmation, to exempt a particular area from permitted development rights.

Tom, it would help if you could go over what the proposed PDR do specifically in relation to EV charging infrastructure.