The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1199 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
So you consider that the bill is compatible with the ECHR.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I seek clarification with regard to the Proceeds of Crime Act 2002. I remember serving on a committee, if I recall correctly, that dealt with aspects of that legislation. It deals with the pursuit of assets that have been obtained through illegal activity, rather than criminal offences being committed and some form of remediation being claimed from the perpetrator. Can you clarify how that would work in relation to the bill?
Under the 2002 act, the Crown Office would secure an order of confiscation, and it would then be for the individual to demonstrate that they did not gain those assets through illegal activities. I do not understand how that would apply in this instance. Can you help me to understand that?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I am sorry, cabinet secretary, but can you decipher that for me, please?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Just so I understand this clearly, you are saying that the Scottish Government is opposed to all of part 2.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
And part 3?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Okay. Your position is that you are opposed to the existing provisions in part 2, on the regulation-making powers—subject to negotiations, from what you have said.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Will you clarify the bill’s policy intention with regard to the definition of a “responsible individual”? We have received evidence that suggests that the table that you have provided in section 3(4) is likely to include people who might be viewed as non-senior staff. Is that the bill’s intention? If it is not, how will you seek to address that?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I want to be clear in my understanding of this. Under section 1, the requirement for intent and recklessness means that, if there were evidence to suggest that a non-senior member of staff had acted in such a way, they could be prosecuted under the bill. I know what the policy intention is, but I am trying to be clear about whether, despite the stated intention, the provisions of the bill would not prevent a non-senior member of staff from being prosecuted. Is that correct?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Okay—thank you.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
What if the evidence pointed to a non-senior member of staff? If their actions resulted in an offence under the bill, who should be prosecuted?