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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 15 September 2025
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Displaying 2629 contributions

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Public Audit Committee

Section 23 Report: “Criminal courts backlog”

Meeting date: 14 September 2023

Colin Beattie

I would like to go back to the issue of remand prisoners. The Auditor General’s report indicates that, in 2021-22, one in four people in prison was on remand. To a layman, that seems to be a high figure. Is it a high figure? Is it as a result of the Covid epidemic? Does it represent a longer-term upward trend?

Public Audit Committee

Section 23 Report: “Criminal courts backlog”

Meeting date: 14 September 2023

Colin Beattie

You say “high”. Can you quantify that? We are at 25 per cent. Are other countries at 10 per cent or 15 per cent? What is the norm elsewhere?

Public Audit Committee

Section 23 Report: “Criminal courts backlog”

Meeting date: 14 September 2023

Colin Beattie

I was interested to see it noted in the Auditor General’s report that remand prisoners do not have the same rights as prisoners who have been convicted and that they can spend up to 22 hours a day in their cell. That must have a huge impact on their mental health—probably their physical health as well. Has a review been carried out to examine the extent to which remand impacts on various aspects of the prisoner’s life? Mental health is a big issue, but there is also employment and housing—all the things that go with it.

09:30  

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

No pressure here. [Laughter.]

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

Good morning. I would like to explore a couple of areas. The first is about the arrestee duty of disclosure. The bill would require a person or body that receives an arrestment request to inform the creditor where it is unsuccessful. That will add to the existing information disclosure process for a successful request. A number of respondents raised concerns about the increased burdens and costs on arrestees. I was particularly struck with NatWest, which said that it receives about 70,000 arrestment requests every year, the vast majority of which fail. That is just one business, but if we look across the whole field at all the banks and other institutions that would be involved, the amount of paper that would be flying back and forward would create a burden, not just for the arrestees but possibly also for creditors, who would be receiving all the responses.

I have two questions. First, do you agree with the concerns about the extra burden that will come into the system? Secondly, it has been suggested that requiring arrestees to respond only to proactive requests for information from creditors would be a more proportionate way forward.

I ask Barry Mochan whether he has a comment on that.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

In that case, we will pass it across to David Menzies.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

Transparency might not be so much for the debtor, in this particular case.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

At the moment, even if the amount in an account was very small, would banks not advise the creditors about the account anyway?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

I will move on to information disclosure orders. The power to make regulations in relation to information disclosure orders is legislated for already in the Bankruptcy and Diligence etc (Scotland) Act 2007. That power has not been utilised, but the Scottish Government is now proposing to take that forward. The intention is that creditors would be able to seek information about a debtor’s assets from third parties. It is argued that that will improve transparency so that creditors can identify who can pay and so forth.

There are recommendations about how information disclosure orders could work in practice, and there would be a requirement for the creditor to use some sort of agent—perhaps a solicitor or sheriff officer. However, the debtor would not be informed of the action, in case they moved their assets, so it would be done in the background. Initially, disclosure orders would cover only private bodies rather than public sector bodies. It seems strange to me that it would not include public sector bodies, because that would seem to be quite a wide area that is not being tapped into. What are your views on including public sector bodies and the appropriateness of implementing that power?

I will give Barry Mochan another chance to come in.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Beattie

Katie, is there any chance that you can answer that?