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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 26 September 2025
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Displaying 3584 contributions

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Citizen Participation and Public Petitions Committee

Interests

Meeting date: 6 September 2023

Jackson Carlaw

Good morning, and welcome to the 12th meeting in 2023 of the Citizen Participation and Public Petitions Committee—our first meeting after the summer recess, which I hope all have enjoyed, notwithstanding the weather.

Our first item is a declaration of interests. As members will recall, our colleague Alexander Stewart has left the committee. We were able to thank him for his work when he was last with us. I gather that Alexander will be able to join us at the launch next week of our public participation and democracy inquiry. In his stead, we welcome our new colleague, Maurice Golden, and offer him the opportunity to refer to any interests.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

Would you be content, Mr Choudhury, if we closed the petition but sent a further letter to the Government, highlighting the issues as you have described them and saying that, although we have noted what the Government has said and recognise that it is unlikely to change its mind, this is a matter of concern and we think that it is worth the Government being aware of the continuing difficulties that are arising? Would that help?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

Thank you very much. Fergus Ewing engaged in the discussion when we last considered the petitions, and he is keen to comment.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

The next petition, PE1973, in the name of Sandy Izatt, calls on the Scottish Parliament to urge the Scottish Government to review the Family Law (Scotland) Act 2006 and provide greater clarity on the division of assets in cases of cohabiting couples who are separating, by removing the use of sheriffs’ discretion rulings in civil cases; providing clear legal guidance to the Law Society of Scotland on the division of assets for cohabiting couples; allowing appeals to be heard when it is determined that a sheriff has the rule of law wrong but has used their discretion to prevent an appeal at no cost to the appellant; and publishing information on what resources have been allocated to provide clear legal guidance.

We last considered the petition on 21 December, when we agreed to write to a number of organisations, including the Scottish Government, the Scottish Law Commission, the Law Society of Scotland and the Family Law Association. We have received submissions from the Scottish Law Commission, the then Minister for Community Safety and the Law Society of Scotland.

The Scottish Law Commission confirmed that judicial discretion was considered as part of its work on reform of the law relating to cohabitation, with its final report and recommended reforms having been published in November 2022.

10:15  

In her response, the minister was unable to commit to a timescale for bringing forward legislation in relation to the commission’s recommendations but said that the Government was considering how to implement a number of commission reports, including the one on cohabitation, during this parliamentary session.

The Law Society’s response indicates that it would not support the removal of discretion in civil cases, noting that

“Every court decision involves an element of discretion, or judgement, on the part of a Sheriff”

and saying that the society is

“broadly supportive”

of the reforms that are proposed by the Scottish Law Commission.

Colleagues, does anyone have any comment or suggestion to make?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

We will seek that information.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 September 2023

Jackson Carlaw

A triumph.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 September 2023

Jackson Carlaw

We will write to the petitioner to offer the opportunity that I mentioned and reflect on some of the points that Mr Golden made about the committee not being absolutely certain about what we would be stopping at this stage.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 September 2023

Jackson Carlaw

The petition will remain open and we will write to the various organisations suggested.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

Yes, it might be risky to be sequential here; let us get it all in there now.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

I thought that you were going to say, “As somebody who uses public toilets”. [Laughter.]