The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1662 contributions
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Daniel Johnson
Was there a particular reason why it was more appropriate to use the terms in the bill, as opposed to language similar to that used in the Australian bill? Was there a specific reason why Scots law needed those discrete terms rather than a broader description of what rivalrousness or exclusive control might look like?
Economy and Fair Work Committee [Draft]
Meeting date: 17 December 2025
Daniel Johnson
Great. I have a final question. We have heard that law reform is urgently needed in other areas of Scots law, such as private international law and debt enforcement, to accommodate digital assets. That stands to reason. We might be talking about two people who are resident in Scotland exchanging an asset or being in dispute, but they are just as likely to be in different jurisdictions.
Private international law in and of itself might be at the frontiers of what we need to establish, but could the minister outline what the Government is thinking about how that work might be taken forward and what consideration is being given to it?
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I think that Greg McLardie was also hoping to come in.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I would be disappointed if you weren’t.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Right at the beginning, you hit on something that caused me concern. If someone creates a document that has some sort of version control mechanism that shows whose hands it has passed through, are they inadvertently creating something that will be captured by the bill? I am just checking that we are in the same terrain.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Professor Schafer, for the sake of completeness, have you any thoughts on the things that we might be capturing inadvertently? What safeguards might we need to guard against that?
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I love the principle that the law should not enable people to be more stupid than they have to be—we could almost leave the evidence session there. However, I will bring in my colleague, Willie Coffey.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Great. With that we will end the public part of our meeting. I thank all our witnesses for another very interesting and insightful set of contributions. It has been a hugely helpful session. You have given us a huge amount to go away and think about.
11:02 Meeting continued in private until 11:30.Economy and Fair Work Committee
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
Meeting date: 10 December 2025
Daniel Johnson
It is probably fair to say that, given what previous witnesses have said, the point is not necessarily to avoid litigation but to have some sort of hook or purchase should that occur. Is that a fair observation?