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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 12 August 2025
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Displaying 1311 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

Just to clarify that point, have we reached an agreement? Has the Scottish Government reached an agreement with the UK Government on the matter? Are you still waiting to hear back from the Scotland Office?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

Good morning, minister, and good morning to your team. I want to look at something in relation to financial instruments that was in the draft bill and has been taken out. I know that you are working with the United Kingdom Government to use a section 104 order to extend the bill’s provisions. Can you tell us why it would not be appropriate for that to be in the bill and why you think that it has to be done through Westminster?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

Can I push you slightly on that, minister? It is clear that, if you get four lawyers into a room, you get 12 different opinions, but there is a lot of legal opinion that including the provision would be competent. Could you give us a wee bit more information on why you have come to the view that it is not competent?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

On both those points, if we were to get a response before the stage 1 report comes out and before the Parliament debate takes place, that would be helpful and would allow us to reflect. If you could do that by correspondence, that would be helpful.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

I will close with two technical questions.

The legislation was drafted before the Covid pandemic, and contains a requirement on use of electronic signatures. You might have heard the concern that people will have to have a particular type of software if they are to do that in the way that is suggested in the bill. Now, post-Covid, electronic signatures can be done much more easily than by using that software. That would particularly affect small businesses, which might not have that software. That is quite a technical issue, but we might need to look at how the provision is drafted.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

Thank you.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Jeremy Balfour

That is helpful. Thank you.

You might have seen that one respondent to the committee’s call for views on the bill called for agricultural charges to be reformed rather than abolished. Have you reflected on that?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 27 October 2022

Jeremy Balfour

Finally, minister, when the announcement was made, a Scottish Government document said:

“Given the large numbers of children forecasted to be newly eligible ... people applying for the first time might need to wait to get their award”.

What analysis have you done of how long people will have to wait, and what do you expect the process and time involved will be? I have to say that the message in that document seems to be slightly different from what you have told the committee today, minister. Is there going to be no delay? If there is going to be a delay, how long will it be?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 27 October 2022

Jeremy Balfour

I am not quite sure that I follow the logic of that, but so be it.

I have a second question. Can the minister give us a wee bit more information on what discussions he has had with Social Security Scotland about the number of staff that the agency has working at the moment, as well as the processes and procedures that are in place so that the Scottish child payment will be up and running appropriately? It has been estimated that 200,000 more children will qualify for the payment. Are you confident that there will not be delays, as there were over the summer with other benefits? Is an appropriate number of staff in place?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 27 October 2022

Jeremy Balfour

I have two questions, minister. First, the deputy convener has already referred to the consultation that is ending today, but, at the very start of all this, when you were looking at the Scottish child payment, why did you not go for a stand-alone benefit or a new benefit under the act?