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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 16 December 2025
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Displaying 1177 contributions

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Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Professor Robbie, “immutability” and “rivalrousness” are novel terms in Scots law, as I understand it. We have heard in evidence that people feel that they are clear enough, but when new words are being used, we, as legislators, have to ask whether they are sufficiently clear. I note that legislation has recently been introduced in Australia that uses terms such as “exclusive control” rather than “rivalrousness”. Are the terms sufficiently clear that they will work when incorporated into law?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Mr McLardie, I would be interested to hear your views on some of the points that we have just touched on and to find out whether you concur with the points that have been made.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Having discussed lawyers doing what lawyers do best, we now turn to Murdo Fraser, the lawyer on the committee.

10:15  

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Despite your warning, Mr Stewart, I might ask a couple of brief questions to explore the issue a little further. Professor Robbie, is your contention that, if things that are permission based or licence based and are therefore within the scope and ambit of the state are quantised and turned into property, we could lose control over them? Is that at the heart of what you are saying might be the situation with carbon credits?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Mr McLardie, you touched on those two concepts. Are they sufficiently clear? Do they have sufficient purchase on this area of digital assets and electronic property?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Thank you. With that, I would like to give the floor to Stephen Kerr.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

I will hand over to the deputy convener, Michelle Thomson.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Good morning, and welcome to the 35th meeting in 2025 of the Economy and Fair Work Committee. Today, we will hold our third evidence session on the Digital Assets (Scotland) Bill. We have apologies from Lorna Slater, and Sarah Boyack may or may not make an appearance as she is moving amendments in another committee.

We are pleased to have with us this morning Greg McLardie, co-founder and chief executive officer of Two Hands; Professor Jill Robbie, professor of property law and the natural environment at the University of Glasgow; and Professor Burkhard Schafer, co-investigator at the Centre for the Decentralised Digital Economy—DECaDE. I ask our committee members and witnesses for concise questions and answers, to help us get through what previous evidence sessions have shown to be an expansive topic.

I will open up the questions. This is a short bill that essentially has the aim of bringing digital assets into Scots law. Do you feel that the bill takes the right approach, and does the way in which digital assets are defined work? The bill defines digital assets as things that arise from electronic systems and that are rivalrous because of the existence of an immutable record of transactions. It is important to make sure that those concepts work. Do you feel that taking the broad approach of using a narrow bill to simply bring digital assets into Scots law is the right thing to do, or do you feel that the bill should cover other aspects? I am happy to go to whoever would like to answer that question first.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

What do you think the potential consequences of that are?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

Greg McLardie, you were referenced, so I will turn to you next. First, the committee has noted that the bill seems to have cryptocurrencies and other such things in mind, yet we have a broad and expansive definition that is certainly not limited to those things. Is that a fair characterisation? Secondly, what are your thoughts in reference to what Professor Robbie has just set out?