Chamber and committees

Would the minister write to the committee in more detail as the bill progresses, outlining sector-specific areas where it is believed that guidance might be helpful?

I am pleased to open the debate on behalf of Scottish Labour, and I associate myself with the comments from the minister and the convener about Lady Paton.

Scottish Labour supports the general principles of the bill, while calling for the Government to work with stakeholders to consider how the bill could be improved ahead of stage 2. As a member of the Delegated Powers and Law Reform Committee, I was involved in the bill’s scrutiny. I thank my colleagues on the committee for the work that they have done in scrutinising the bill, and I thank all stakeholders who engaged with us in the evidence sessions for their involvement in the scrutiny process so far.

There has been a great deal of consensus on the provisions in the bill. It aims to implement recommendations that the Scottish Law Commission made in its 2018 review of contract law in order to codify the law in that area. As the minister said, it is an attempt to codify and simplify the law.

We do not accept that settled law always needs to be codified. However, we recognise the considerable work that the Scottish Law Commission has undertaken, and we support the contents of the bill. We also note that there is limited reform included in the bill. We hope that the bill does not lead to further litigation but, instead, clarifies the law and gives greater certainty.

As the minister said, the intention is that contract law should be clear. As she also stated, the bill deals with the postal acceptance rule, and there will be proposals in relation to the law of retention, which we welcome.

The bill seeks to implement the recommendations of the Scottish Law Commission by establishing default rules relating to the creation of contracts and aspects of the law on remedies for breach of contract, which we support. It does not intend to be a complete statutory codification of Scots common law on contract. Its provisions are intended as starting points or a default, as the minister outlined, always retaining the option for parties to contract out of them and provide their own rules by agreement.

The bill’s provisions might be particularly helpful in international and commercial contexts, in which clarity and predictability are central to maintaining standards. It will also allow the law to be modernised to reflect how the world has changed and, as the convener mentioned, how our postal services have changed, in that they have got far worse and seen no improvement in any sense. We have to deal with the fact that new technology will have an enhanced role and that there will be changes to how communication takes place, with less reliance on postal services.

I welcome the Scottish Government’s intention to introduce provisions on the law of retention. I invite ministers to consider the comments and drafting suggestions that have been made to the committee thus far and to engage with stakeholders on those suggestions ahead of stage 2. I hope that there will be consensus in that regard.

It would be helpful if the Scottish Government could provide a further update today on the outcome of any discussions that have taken place before the deadline for lodging stage 2 amendments, given that time will be limited between when we return after the Christmas break and the dissolution of Parliament.

We welcome the bill and the approach of having a simple piece of legislation that uses simple language so that parties know exactly what the rules are that govern them. We will be pleased to agree to the general principles of the bill, and we call on the Scottish Government to seek further views on its drafting and to prepare guidance that seeks to make the law as straightforward and usable as possible.

The number of new homes that North Ayrshire Council plans to build has not increased by a single house since the Scottish National Party took control of the council from Labour in 2022. Will the cabinet secretary advise whether that is the result of a lack of ambition on the part of the current North Ayrshire administration or due to cuts in funding for affordable housing by the Scottish Government?

Survivors have lost confidence, so can the cabinet secretary outline what kind of further inquiry might take place? For example, is it a full public inquiry that is being considered? What would be its remit and timescale? Who is doing the work on that? Can she clarify whether the terms of reference of the Scottish child abuse inquiry include abuse of children who were in care when the abuse took place where the abuse took place outside the care setting and by perpetrators who were not employed in the care sector or connected to it?

I am pleased to open on behalf of Scottish Labour. As a member of the Criminal Justice Committee, I thank my fellow committee members, the committee clerks and all stakeholders who were involved in the committee’s work on the issue.

The committee’s report is important and timely. Cybercrime rates across Scotland are at a significant level. As Sharon Dowey said, more than 14,000 cybercrimes were recorded in Scotland last year—a number that remains well above pre-pandemic levels. Cybercrime amounted to 5 per cent of all crimes recorded in Scotland last year, but digital technology and online spaces are being used to carry out more traditional crimes, too. We can see that from the fact that cybercrime accounted for 27 per cent of all sexual crimes reported last year.

In recent years, several high-profile cyberattacks have been launched against private companies and public bodies across Scotland—major companies such as Marks and Spencer, the Co-op, Adidas and H&M have been hit by cyberattacks this year alone. NatWest provided alarming evidence to the committee that its customers have to be protected from more than 100 million cyberattacks every month.

Earlier this year, Glasgow City Council, the City of Edinburgh Council and West Lothian Council all suffered cyberattacks that were aimed at disrupting online education services. Hackers managed to access a significant amount of information from NHS Dumfries and Galloway last year, including the confidential details of staff and patients. In 2020, SEPA endured one of Scotland’s worst-ever cyberattacks, when thousands of its digital files were stolen. Whether we look at cybercrime statistics or examples of cyberattacks, it is clear that cybercrime is an issue that affects all of Scotland, including individuals and organisations.

Two common themes emerged in the evidence that the committee heard on how we can better protect ourselves from cybercrime. The first theme was that the current state of Scotland’s cyber resilience is inadequate and must be improved. Digital participation in Scotland has continued to increase, particularly among older people, and more than 90 per cent of adults now use the internet for work or personal activities. That is to be welcomed, but it brings greater risks of cybercrime.

Previous results from the Scottish crime and justice survey found that nearly 5 per cent of internet users in Scotland had experienced computer viruses, received scam emails or had banking details stolen online. In addition, the Scottish household survey found that nearly 10 per cent of all adults in Scotland did not take any online security measures, such as not opening emails from unknown senders or not sharing personal information online. That is why some of the proposals in the Scottish Government’s cyber resilient Scotland framework that focus on improving cyber learning are welcome.

Embedding cyber learning in the school curriculum, expanding the availability of cyber learning resources and improving access to cyber learning opportunities for adults are all practical steps. The £300,000 that has been allocated for an upskilling fund to strengthen cybersecurity skills across the public sector is also very welcome.

However, I believe that the Scottish Government must do more to educate everybody—in particular, young men and boys—on the harmful effect that far-right and misogynistic online content can have on their behaviour, and to tackle the resulting sexism, misogyny and violence in schools. That is why I again call on the Scottish Government to bring forward a cross-campus strategy to tackle the issue. I think that that is relevant to today’s debate.

Although education is vital in improving cyber resilience, we must also look at other avenues to achieve that aim, such as legislation. The Online Safety Act 2023 has now come into force, and I urge the Scottish Government to work with the UK Government and Ofcom to ensure that it is effective, especially in the light of the fact that reports of online child abuse in Scotland have doubled in a year.

The Scottish Government should also make representations to the UK Government and Ofcom on ensuring that the provisions in the Online Safety Act 2023 that are designed to tackle fraudulent online advertising are implemented as soon as possible, and I encourage ministers to engage with the UK Government and Ofcom on how the Cyber Security and Resilience (Network and Information Systems) Bill will be implemented in Scotland, should it be passed at Westminster.

There are many other aspects of improving Scotland’s cyber resilience that I hope will be considered in today’s debate, such as the need for regulation to reduce the harms associated with AI technology, including deepfakes, and the need to ensure that digital technology that is used in the public sector is better protected from cyberattacks. I welcome the action that the Scottish Government is taking, such as its recent announcement on deepfakes.

The second theme that emerged in evidence to the committee in relation to tackling cybercrime was the need for the Scottish Government to invest more in cybersecurity. Organisations ranging from the Cyber and Fraud Centre Scotland to the Scottish Courts and Tribunals Service have identified the need for further investment. The committee heard from Police Scotland on the significant financial challenges that it faces, which Sharon Dowey mentioned, and how that affects its ability to tackle cybercrime.

I hope that the need for greater investment in cybersecurity will be explored further in today’s debate. It is important to note that the true scale of cybercrime across Scotland is likely to be greater than we expect, given that it often goes unreported by individuals and organisations. It is also likely to become a bigger issue in the future.

I hope that the Scottish Government will reflect on all the points that I have raised and that other members will raise on the need for cyber resilience and investment in cybersecurity.

Islanders on Cumbrae are concerned about CalMac proposals for scheduled maintenance windows, which could lead to a direct cut to the island’s vital lifeline ferry services, and believe that CalMac and Transport Scotland must drop the proposals, which could mean that services are withdrawn for either six hours per week or one 24-hour period per month. Will the cabinet secretary provide reassurance that there will be no reduction in service and capacity next year, and that the 2026 summer timetable will match this year’s one?

To ask the Scottish Government what steps it is taking to protect and improve ferry services to Scotland’s island communities. (S6O-05284)

Thank you very much.

Does either of the other witnesses want to come in? It would be helpful to know how significant the gap in availability is and to have an assessment of the extent to which rehabilitation is available, not just where specified criteria apply but where, ideally, it should be available.

I will ask about the financial memorandum relating to this part of the bill. Pam Gosal, the member in charge of the bill, has told the committee that she believes that, if the obligations set out in the financial memorandum were met, there would be sufficient capacity in the system in relation to part 2 of the bill. What are your views on that? I do not know whether you have had an opportunity to look at it in detail. For example, are the finances the only issue, or are there issues to do with recruitment and whether we have people available who would be able to carry out those functions? Have any of the witnesses looked at the costings around some of these proposals? Glyn Lloyd, would you like to come in on that?