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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 10 May 2025
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Displaying 934 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Katy Clark

I warmly welcome the regulations that the cabinet secretary has set out today. She has our strong support in aiming to ensure that we get back to the old time limits. She seems to be saying that the advice that she has been given is that this is all achievable. However, I am sure that it is not without its challenges. Will she keep the committee advised of any difficulties and how they can be addressed, to ensure that we meet the deadline and that we are able to deliver on what we are likely to vote for today?

Education, Children and Young People Committee [Draft]

Education (Scotland) Bill: Stage 2

Meeting date: 30 April 2025

Katy Clark

I will be brief, as my amendments in this group relate to amendments of mine on a generic duty of care that were debated last week. My amendments in this group relate to the learner charter and the teacher and practitioner charter.

The general case that I am making is that educational institutions and bodies such as qualifications Scotland should owe a generic duty of care to students. I rehearsed some of the arguments last week, and I have lodged my amendments in this group in an attempt to promote a discussion about the issue. I am not necessarily suggesting that these specific amendments would be the appropriate response. We simply wanted to have amendments drafted that would enable us to make representations that there is an argument for having a generic duty of care in Scotland.

I look forward to the cabinet secretary’s response. I will consider lodging other amendments on the matter at stage 3.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Thank you.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

There has been criticism in some of the responses to the call for views in relation to section 30(3), which requires landlords to serve irritancy notices to a tenant’s creditor. What are your thoughts on that?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Finally, some have suggested that the transitional provisions are uncertain, or could lead to uncertainty. Do you think that the transitional provisions, as they stand, are likely to lead to uncertainty, or are problematic, or do you feel that, as the previous panel set out, they are perfectly reasonable? Do any of you have a view on that?

11:45  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

I have some questions on the points that have been raised.

Section 28 allows tenants to withhold payment if the landlord fails to notify them of the United Kingdom address to which termination documents may be sent. What is your position on the views on that that have been expressed in the responses to the call for views?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Some of the responses to the call for views have suggested that the transitional rules are likely to be a source of uncertainty for parties to leases. Could you explain how the transitional provisions in the bill will work with regard to commercial leases that have already been entered into before the bill comes into force?

10:15  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

I will ask the same question that I put to the previous panel. What is your position on some of the criticisms of section 28 of the bill, which allows tenants to withhold payment if the landlord fails to notify them of their UK address? You probably heard the evidence that David Bartos, on the first panel, gave. Is it right that the landlord should have a UK address? If they have only a registered office or a plaque on the wall, is that pretty meaningless? Do we need to know where the landlord is located?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Sure. Do other witnesses agree with that or have a view?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 29 April 2025

Katy Clark

Some responses made criticism of section 30(3), which requires landlords to serve irritancy notices to a tenant’s creditor. Do any of you have a view on that? Do you agree with the criticisms that have been made?