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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 5 May 2021
  6. Current session: 12 May 2021 to 24 May 2025
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Displaying 3543 contributions

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Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

On both the 2006 and 2010 acts?

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

Thank you. We will keep the petition open and, in the first instance, make further inquiries, as suggested.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

As no other member has offered an alternative course of action, do we agree to close the petition under rule 15.7 of standing orders, as David Torrance recommended?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

I thank the petitioner very much, but we will close the petition on the basis of the submission that we have received from the Scottish Government.

Our next meeting will take place on 17 November.

Meeting closed at 11:05.  

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

The next petition for consideration is PE1897, on reforming certain procedures for the collection of council tax. The petition, which was lodged by Richard Anderson, calls on the Scottish Parliament to urge the Scottish Government to reform the procedures for the collection of council tax that apply when a person has difficulty in making payment.

The SPICe briefing outlines the process of using summary warrants to enforce council tax debts. It explains that a summary warrant issues information to a judge, who will then grant it without any further investigation of individual circumstances. As a result of a summary warrant, a 10 per cent surcharge is added to the debts listed.

The Scottish Government’s response states that its policy is

“to ensure households that are financially vulnerable do not have to meet a Council Tax liability they are unable to afford”,

and highlights the council tax reduction scheme. It further states that around 500,000 households receive some level of council tax reduction, and of those households, 80 per cent receive a full reduction and are therefore not liable for council tax.

The protected trust deed—PTD—protocol commenced on 1 October 2021 and sets out non-statutory changes to the operational processes for protected trust deeds. The intention of the protocol is to improve transparency and clarity to better enable trustees to manage debtor and creditor expectations in a protected trust deed.

I invite colleagues to comment.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

How young you are. It is 31 years not 20 that some of us have been debating the issue—that is, every year since it was introduced.

Are there any other comments?

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

The next petition for consideration is PE1898, on making entering someone’s home without their permission or without a warrant a crime. The petition, which was lodged by Julia Gow, calls on the Scottish Parliament to urge the Scottish Government to make it a crime for a stranger to enter your home without permission or a warrant.

In its response, the Government sets out the current offences that relate to entering someone’s home without their permission. The submission confirms that

“While entering someone’s home without their permission is not a crime in and of itself, housebreaking with intent to steal is an aggravated form of the common law offence of theft in Scots law. The essential elements of this crime are that a person (1) overcomes the security of the premises and (2) does so with the intention of stealing.”

A number of other common-law or statutory offences might be used, including the common law offence of malicious mischief, the statutory offence of vandalism and a provision of section 57 of the Civic Government (Scotland) Act 1982, which criminalises

“Any person who, without lawful authority to be there, is found in or on a building or ... premises”

where

“it may reasonably be inferred”

that the person

“intended to commit theft there”.

11:00  

Additionally, the SPICe briefing highlights section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, as it sets out an offence of threatening or abusive behaviour, which might cover some situations where a person enters someone’s house without permission.

In her submission, the petitioner questions the “essential elements” of the aggravated form of theft in Scots law, which states that a person must both overcome the “security of the premises” and do so with the intent of stealing. She asks the committee to consider how being subject to either element of the crime can leave a person feeling safe and secure in their own home. The petitioner urges the committee to consider the mental trauma and loss of experiences as a result of having someone enter your home without permission.

Again, I invite members to comment.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 3 November 2021

Jackson Carlaw

We appear to be agreed on that.

It is an odd coupling—sorry, that is probably an unfortunate suggestion. [Laughter.] Combining hedgehogs and moles in the petition struck me as a bit random. Nonetheless, we will consider them together, albeit that there will be representations from different organisations.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 October 2021

Jackson Carlaw

Thank you for that. It leads me to wonder about the autism services that are provided to an individual who does not have a learning disability or mental disorder. How do we ensure that a properly and sustainably funded resource is available to that group of autistic individuals?

Citizen Participation and Public Petitions Committee

Interests

Meeting date: 6 October 2021

Jackson Carlaw

Good morning, and welcome to the fifth meeting in 2021 of the Citizen Participation and Public Petitions Committee.

Under agenda item 1, I want to welcome a new committee member who is replacing Tess White. Although she was not with us for very long, I very much thank Ms White for her contribution to the committee, and I know that she will have an on-going interest in a number of the petitions in which she was involved.

We have now been joined by Alexander Stewart. Mr Stewart, do you have any interests to declare before assuming your position?