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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 30 December 2025
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Displaying 1652 contributions

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Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Is the use of rebuttable presumptions a suitable mechanism to deal with real-world situations in which the owner does not have control or the person with control is not the owner?

Who wants to come in? I dinna see anybody jumping in to answer these questions.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

You can wait for that, Dr Patrick.

As nobody wanted to come in on that question, I will move on. Is there a need for Scotland-specific technical guidance for the courts on dealing with issues such as control?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

My line of questioning has changed as I have listened to the conversations this morning, because many of the things that I was going to ask about have already been covered.

We want to have perfect legislation in every regard, but there are issues with and arguments around definitions. There have probably been such issues with every piece of legislation that we have dealt with in the Parliament. Mr Gray, last week, Professor Fox and the deputy president of the Supreme Court went through some of the definitions in the bill in great depth. Are you satisfied that the definitions are right? Do you know what definitions have been used in other jurisdictions? Liechtenstein, Switzerland and Jersey have been mentioned. Are the definitions in those jurisdictions different from the ones in the bill?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

I recognise that the Liechtenstein legislation will impose regulations on businesses there, but that is not the point that I am making. My point is that primary legislation may be too inflexible, so we may have to create a framework such that we can adapt the legislation regularly through regulation-making powers—through secondary legislation. Has that happened elsewhere?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

I would like us to do it all on our own—but that is for another day.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Professor MacPherson, could you answer next?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Well, the sign in front of you says, “Professor MacPherson”, so I would take that as a given.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Grand. Mr Tariq?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Please do, Dr Patrick. Thank you.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

All of that makes sense. It is fair to say that we have all struggled a little bit with the bill at points. Some of the evidence that we took last week was enlightening.

The other aspect of this—forgive me, convener, but I am going to mention it—is that members of the bill team have sat through the evidence sessions throughout, which is interesting and unusual, and shows how important this is. Hats off to them for doing that.

We all recognise that this is one part of the jigsaw in relation to legal definitions in Scots property law. We recognise that other changes are required to create an effective regime for digital assets. I am sure that the Scottish Parliament will come on to those in the areas for which it is responsible. There will also have to be changes elsewhere, not only at UK level but internationally.

The bill does not have many regulation-making powers, and it probably should not have many such powers. However, when we come to create other legislation in this area, given the level of change that there is, that legislation will have to be pretty flexible. Rather than relying on changes to primary legislation, which often takes a very long time, do other jurisdictions have regulation-making capacity in order to keep up with the pace of some of that change?