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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 4 May 2021
  6. Current session: 13 May 2021 to 29 November 2025
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Displaying 406 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

That is interesting. Given that the idea is to take a smaller-is-slightly-better approach to reform, can you outline any plans that the Law Commission has for further reform of contract law?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

Professor MacQueen, why was the decision made to reform the law on formation of contract and certain aspects of the law of remedies for breach of contract, instead of contract law more generally?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

Understood. Dr Christie, do you have anything else to add before I move on to the next question?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

I can see dissension in the panel. Thank you for your answers.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

Hello again. Your opening remarks explained the information on the current problems with the battle of the forms very well, which I appreciate, so I will not go into that again. Equally, another of my questions was about breach of contract, which you also covered in your opening remarks.

What is your view of arguments made in response to the call for views that guidance will be needed on the legislation, for example on how the new rules will interact with areas of contract law that remain governed by the common law?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 5 November 2025

Roz McCall

To summarise, you are saying that there will not be a financial implication and that it will be best practice for local authorities and health boards to move into implementation smoothly. That is your wish for the bill, if it is passed.

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 5 November 2025

Roz McCall

That is all very positive and I appreciate it. Given where we are now and the number of additional staff that we require, including in the third sector, when do you think that we will get to the right level?

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 5 November 2025

Roz McCall

The committee has an interesting group of evidence sessions and we are coming to the end of that process. If I am summarising correctly, a few key risks and observations have come up, one of which is that the bill is a missed opportunity. Multiple witnesses have said that the legislative layering could add a layer of bureaucracy rather than simplify delivery. The UN convention contradictions were discussed earlier, so I will not go into that. However, two other points that have been highlighted are the funding gap and financial issues, which have already been mentioned, and workforce fatigue. For me, the implementation will be essential.

Given that funding issues have been highlighted, I will quote the point about Care Inspectorate costs from the Finance and Public Administration Committee’s letter. The committee talks about certain responsibilities under the bill in relation to the re-registration of fostering agencies as charities, and it notes:

“The Care Inspectorate submission challenges the assumption in the FM that the resources?required?for re-registrations are expected to be ‘minimal and manageable within existing capacity’.?The submission goes on to say that this will require around 970 work hours and that this is ‘not minor nor manageable’.”

That is a classic example of where there is an absolute need for additional funding, but it is just not there, so there is a funding issue. The Children (Care and Justice) (Scotland) Act 2024 meant that we were going to need 500 more social workers, but we are nowhere near having that. The number of foster carers is down by 8 per cent, and we are going to need 400 more in Scotland just to stand still. We will also need family support workers if we are to be able to implement the provisions.

Minister, I just need to ask whether we have got the funding and the workforce process right, because, as far as I can see from the submissions, we are not there.

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 5 November 2025

Roz McCall

Yes.

Education, Children and Young People Committee [Draft]

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 5 November 2025

Roz McCall

That is all great, but I am very conscious that everything that we are trying to do is about implementation. We can take legislation through the Parliament, but my bugbear throughout the process has been how we ensure that things will work on the ground, and workforce planning is essential. However, I understand and accept what you are saying, and I really look forward to a day when this is not a problem.

Minister, I was quite surprised to hear that you had not heard from young people the idea that the Promise has been lost in the Government machine, because I hear that all the time in my role. Is that something that you recognise?