Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 25 July 2025
Select which types of business to include


Select level of detail in results

Displaying 1537 contributions

|

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 6 February 2024

Katy Clark

That is not what is being said. I have one final question. You said:

“There will, inevitably, be lower conviction rates”.

Are you saying that there will be similar conviction rates whether you have a jury or a judge-only case?

Meeting of the Parliament

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 6 February 2024

Katy Clark

It is a pleasure to wind up the debate on behalf of Scottish Labour and to follow Ivan McKee, who was correct to highlight the financial struggles that many people in Scotland currently face.

In the previous session of Parliament, the Economy, Energy and Fair Work Committee recommended that the Scottish Government review the solutions available to people with problem debt. Scottish Labour supported that recommendation. Although we broadly support the provisions in the bill, we believe that far more needs to be done to address how we deal with people who find themselves in debt, particularly in a cost of living crisis. We believe that many other areas of bankruptcy law also need updating. There has been some discussion of that in the debate, in particular on the thresholds—for example, those applicable to wage arrestments. As a member who has not sat on the current Economy and Fair Work Committee, I would be interested to hear from the minister whether further proposals will be introduced following the recommendation made in 2019.

Scottish Labour has issues with some aspects of the drafting of the bill. We believe that many clauses are too widely defined, which we hope will be addressed through amendment. We agree that the Parliament needs to see the detail before stage 3.

As Daniel Johnson said, Scottish Labour supports the general principles of the bill. However, like many other members, I hope that the bill will be strengthened as it progresses. I was not involved in the scrutiny process for the bill. However, many of the criticisms that I heard in today’s debate, and which occurred to me when I looked at the black letter of the bill, I have heard many times about previous bills. There is a lack of detail on the face of the bill, and a similar lack of detail has been provided to the committee that is charged with scrutinising the bill’s proposals. It is not acceptable that the Scottish Parliament is so often put in that position. I hope that those criticisms will be addressed as the bill progresses.

As Colin Beattie said, much of the focus of the debate has been on the proposals for a mental health moratorium on debt recovery action. Scottish Labour supports, in principle, the establishing of such a moratorium, but much of the detail on how it would operate in practice has been left to secondary legislation. The minister made it very clear that the bill is enabling legislation. We believe that such detail should have been provided on the face of the bill. We hope that amendments will provide clarity as the bill progresses. However, if the bill remains much as it is currently drafted, we further hope that the affirmative procedure will be used for any secondary legislation, given the level of detail that will have to be incorporated in the regulations.

As Stephen Kerr and a number of Conservative members pointed out, the proposals that have been presented to Parliament potentially give people with mental health problems fewer protections than those applicable south of the border. I agree with Keith Brown’s suggestion that it would not be acceptable to simply mirror legislation south of the border—the law of bankruptcy is very different in Scotland, and always has been, from the legislation south of the border. However, it is completely legitimate to say that it would be shocking if we were to end up with poorer protections than those south of the border.

I agree with what Keith Brown said about the public register. Those are important points to put on the record, and I believe that the provisions on that need very careful consideration, given the human rights implications for those impacted, who are often some of the most vulnerable in our society.

The convener of the committee outlined the range of evidence that the committee took in order to engage with those who work in the debt sector and she made clear the committee’s disappointment at the lack of detail that was provided to enable the committee to carry out its role in scrutinising the proposals. She spoke about the small number of people who may benefit from the proposals, in particular in relation to the moratorium, and highlighted the high numbers of people who are in debt and who have mental health problems, as well as the high percentage of people who have mental health problems who are in debt. That point was well reinforced by Kevin Stewart. We note the representations made by Change Mental Health, which said that the eligibility for entering a mental health moratorium is too narrow; the committee convener reinforced that point.

We support, in broad terms, the proposals in the bill. In particular, we support the proposal to allow the minimal asset process bankruptcy to take place after five years. We think that that is consistent with the approach that has been discussed today to enable people who get into difficulty the possibility of a fresh start.

Murdo Fraser highlighted the lack of capacity in the debt sector. That very important point has been made by several members. In the past, there have been very strong representations in the Parliament for a debt amnesty for low-income families and those in receipt of benefits. There have been calls for debt advice levies on financial benefits and a range of extra resources for front-line advisers.

I believe that that issue is central to the debate, because whatever legislation we have in place, we have to recognise that those who are seeking to rely on the legislation are at a particularly vulnerable point in their lives; they are often very vulnerable people. It is essential that there is a framework around the legislation so that it can be used appropriately.

16:33  

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 1 February 2024

Katy Clark

Are you convinced that that is working well? Do you see any problems?

Social Justice and Social Security Committee

Homelessness and Temporary Accommodation

Meeting date: 1 February 2024

Katy Clark

Thank you. Gavin Smith, do you want to come in on that?

Social Justice and Social Security Committee

Homelessness and Temporary Accommodation

Meeting date: 1 February 2024

Katy Clark

My next question is directed to Nicky Brown and Jim McBride. In the longer term, the Scottish Government plans to introduce a new statutory prevention duty. How do you envisage that impacting on demand for temporary accommodation?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 1 February 2024

Katy Clark

What is Social Security Scotland doing to ensure that all client-facing staff know how to refer clients with disabilities to VoiceAbility advocacy services?

Social Justice and Social Security Committee

Social Security Scotland

Meeting date: 1 February 2024

Katy Clark

Thank you.

Social Justice and Social Security Committee

Homelessness and Temporary Accommodation

Meeting date: 1 February 2024

Katy Clark

My question is for Gordon MacRae and Gavin Smith, because I believe that their organisations are represented on the homelessness prevention task and finish group. As they will know, the Scottish Government’s response to the task group’s recommendations prioritised action that would have the greatest impact on reducing the numbers of households in temporary accommodation. Is there anything further that you can say about how long-term measures around the recommendations would impact on other working groups—for example, on the financing of temporary accommodation?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Katy Clark

I would like to ask one question, if that is okay.

Lord Advocate, I completely understand that I am asking you to speculate on this. You have already indicated that you believe that the current proposals would be likely to make it more difficult to get convictions. In your view, what would be the likely impact on convictions if the not proven verdict was simply abolished without any changes to the size of juries or verdict majorities? I appreciate that I am asking you to speculate.

Meeting of the Parliament

Point of Order

Meeting date: 31 January 2024

Katy Clark

The Scottish Government has committed to prison replacement at Inverness and Glasgow but not Greenock. I know that the cabinet secretary has visited Greenock and is aware of what His Majesty’s chief inspector of prisons has said about cells there being not suitable for human habitation. Will she provide an update on what work is being done and what consideration is being given to an allocation within the capital budget?