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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 1103 contributions

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Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 20 September 2023

Colin Smyth

That is very helpful. You mentioned that you would support a slightly wider definition of the eligibility criteria. What would that definition entail? Would it be the same definition that is used in England and Wales? Are there particular challenges in how we define things? It is quite easy to define compulsory treatment, but widening the definition would make things more challenging.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

Do you have a view on whether the criteria that are being recommended by the working group should be narrower?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

I am sure that my colleagues will have questions on those issues.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

Yes, that is right.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

Do you have a view on the criteria for the mental health moratorium? The working group recommends that it should apply only to those who are subject to compulsory mental health treatment. Do you think that that is too narrow?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

Alisdair MacPherson, do you have a view on that?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

Good morning, panel. I will kick off with questions on the mental health moratorium, starting with ones on the mental health moratorium working group’s recommendations for eligibility criteria. The group has recommended that only people who are subject to compulsory mental health treatment should be eligible for the moratorium. That is quite a narrow definition—narrower than the criteria in England and Wales, which cover non-compulsory crisis treatment. Do the witnesses have a view on that recommendation by the working group? If you do not agree with it, what do you think the eligibility criteria should be?

Katie McLachlan, you mentioned the moratorium in your opening comments, so do you want to start the ball rolling?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

You have strayed into my second question, so I am just going to go for it now. The six-month period was extended from six weeks. Do you think that that should be changed now? Presumably, based on what you are saying, the two are connected, so should the mental health moratorium period be the same as the standard moratorium period? What should that period be? The six-month period has been in place for some time, and a number of respondents to our call for evidence said that the mental health moratorium should be six months, while others said that that was too long. Do you have a view on that?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

That is very helpful.

Barry Mochan, you mentioned the six-month period in your previous comments. Do you have a view on what the period should be for the mental health moratorium, and on the eligibility criteria? The working group’s recommendation is that it should only apply to those who are subject to compulsory mental health treatment. Is that the right criteria?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Colin Smyth

At the moment, in England, the criteria are slightly wider than what is proposed here. Is there any suggestion that that does not work?