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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 6 May 2025
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Displaying 2559 contributions

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COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

Well, if you want me to—

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

Will the member give way?

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

Does the member accept that there were different opinions on some of those things and that it is a question not of an error or a mistake, but of one choice being made against another choice?

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

The Government responded rapidly to the Covid pandemic and introduced some welcome changes to the insolvency process. Unfortunately, the emerging cost of living crisis is putting further pressure on household budgets, which will regrettably lead to further instances of unsustainable debt, as has been underlined by StepChange and other charities.

I am aware of the advice sector’s concerns about the current bank arrestment process, which it thinks could be improved, taking into account the unique pressures that are faced by households. I understand that the issue has been raised recently during evidence to the Social Justice and Social Security Committee as part of its inquiry into low income and debt problems.

The current arrangements protect the sum of £566.51 through provision in the Debtors (Scotland) Act 1987. Those arrangements are linked to the arrangements for a wage arrestment in that that sum is the maximum monthly salary that is required before any wage arrestment can be enacted. I believe that it is right to decouple those arrangements and to fix the protected balance for bankruptcy separately by providing new powers to vary that by regulations that are subject to the negative procedure. That is the parliamentary procedure that is used for regulations to vary the wage arrestment threshold, which, in turn, amends the protected minimum balance.

I believe that the sum of £1,000 would offer a better level of protection than the current sum of £566.51. It would afford greater flexibility and financial resilience while being consistent with the level of funds that an individual can retain while pursuing debt relief through minimal asset process bankruptcy. As I mentioned during the debate on group 6, my amendment 67A in that group would make the new provision come into force on 1 November 2022.

I encourage the committee to support my amendment.

I move amendment 69.

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

I thank members for their comments. I take Murdo Fraser’s point that we did not spend much time on the issue, but the committee looked at a range of measures around bankruptcy and related matters and, generally, the theme was to round figures up and make them a bit higher. Amendment 69 is fully consistent with that. Although £1,000 is a round figure and Mr Fraser might call it arbitrary, £566.51 is a very odd figure, and I have to say that I dislike that kind of level of detail. With the current inflation level, £566.51 is clearly not very much to live on. I therefore encourage members to support the figure of £1,000.

I press amendment 69.

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

I am interested to know how the commissioner would be involved. If he had to judge whether the use of the powers was “proportionate and necessary”, would he need to consider all the medical, scientific and other advice that the Government gets? Is that what you are arguing for?

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

Are you arguing that the local authority, which I accept is democratically elected, should be able to overrule the nationally elected Government?

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

My amendment 67A is consequential to amendment 69, which is in the next group that we will debate. I will say more about that amendment at that point.

Amendment 67A would, in effect, amend Government amendment 67 so that my proposed changes to the protected minimum balance that is applied when someone is subject to a bank arrestment would come into force on 1 November 2022. As the Deputy First Minister said, that would introduce the change at an early opportunity.

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

Does the member accept that, as with anything in life, it is better to be prepared? One can never be prepared completely for what will come up, but we all have car insurance and a variety of things in life to be prepared for events. Is the principle here not that it is better to be better prepared than we were in March 2020?

COVID-19 Recovery Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 2

Meeting date: 9 June 2022

John Mason

Would the member accept that, in effect, Parliament has a veto? That means that a conscious decision would have to be made at the time.