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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 13 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

Okay. I call Jeremy Balfour.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

Thank you, minister. I will open the questioning before handing over to colleagues.

Will you explain the general rationale behind the bill and how you think the proposed changes will benefit landlords and tenants as well as the economy generally?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

What you have indicated, particularly at the end, ties in with my next question. Is that the reason why the decision was made to attempt to codify the law in the way that is suggested in the bill, instead of, for example, abolishing tacit relocation or only amending parts of the law that are not working well?

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 20 May 2025

Stuart McMillan

Welcome to the 17th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off or put to silent their mobile phones and other electronic devices.

The first item of business is a decision on whether to take in private items 6, 7, 8, 9, 10 and 11. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 20 May 2025

Stuart McMillan

The instrument seeks to minimise the potential disruption of services and ensure that passengers have continuity of service should operators seek to vary or cancel local services before a franchising framework can come into operation. In correspondence with the Scottish Government, which was published alongside the papers for this meeting, the committee queried an apparent minor drafting error in the instrument. In response, the Scottish Government confirmed that there is a minor drafting error in regulation 7(1), which it proposes to correct by correction slip.

In regulation 7(1), the reference to “paragraphs (2) to (4)” should be a reference to “paragraphs (2) and (3)”. Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

Under agenda item 5, we are taking evidence from Siobhian Brown, the Minister for Victims and Community Safety, on the Leases (Automatic Continuation etc) (Scotland) Bill. The minister is accompanied by Scottish Government officials Michael Paparakis, who is the policy and bill programme manager in the private law unit, and Lori Pidgeon, who is a solicitor in the constitutional and civil law division. I welcome you all to the meeting and invite the minister to make opening remarks.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 20 May 2025

Stuart McMillan

The correspondence in relation to the instruments has been published alongside the papers for this meeting. It sets out the committee’s questions and the Scottish Government’s responses in full.

The committee’s detailed findings will be set out in its report, which will be published in due course. The report will also set out its consideration of subordinate legislation at this meeting.

The first instrument would make significant amendments to the deposit and return scheme that is contained in the Deposit and Return Scheme for Scotland Regulations 2020, or SSI 2020/154. Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), which is that its drafting appears to be defective in respect of the point that is raised in the committee’s question 10, and on the general reporting ground in respect of the points that are raised in questions 2, 4, 5, 6, 7, 8 and 9?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

In evidence, we have received a range of detailed drafting suggestions for the bill. Do you have any comments on any of the suggestions that have been made by members of the legal profession and others who have been in touch with the committee?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

Minister, what are your thoughts on the argument that the Scottish Government should carry out an awareness raising campaign on the impact of the bill? If the Government is minded to do so, what form would a campaign take?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Stuart McMillan

Before I bring in Jeremy Balfour, I have a couple of questions along this line of questioning. Bill Kidd asked a couple of questions on this, but, whatever process is in the bill—and regardless of whether any amendments go forward—surely it should be clear to any party involved in a lease exactly what the implications will be for them. They should understand what the notice period would be and what the process is for ending a lease. The point that there needs to be a clear narrative and a clear set of rules has come across in the evidence that we have heard, irrespective of evidence on various other things.

You could also argue that there should be a consistent approach. The rigid approach, as proposed in the bill, could work well. However, business is not always as rigid as the rules that are set out. Having a bit of flexibility could be beneficial, as long as everyone understands exactly where they are.