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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 12 October 2025
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Displaying 504 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Oliver Mundell

I am sensitive to the number of representations that have been made and the seriousness with which the issue is taken by the organisations that you have referenced and the individuals from whom the committee has heard. Given that the issue has come out since the bill was introduced and probably was not anticipated, would you be open to adding reassurance by saying in the bill that it is not intended to cover ordinary household goods, as well as by having the higher threshold? That might give those organisations a sense of reassurance.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Oliver Mundell

I have a final question on the £1,000 figure. You said that you will be interested to hear what the committee thinks. We would be interested to hear what you are thinking and what consultation you have done with stakeholders to form a Government view on what would be an appropriate figure. We have heard a variety of figures and we would be interested to know whether you have come to a view on what would be an appropriate amount for the register and other things.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Oliver Mundell

That is helpful. Ultimately, we will have to arrive at a number if we proceed with the bill as it is currently drafted.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Oliver Mundell

Much of the evidence that we have had centres on concerns about consumers. Minister, you said in your opening remarks that you are happy to consider ways of ensuring that the bill does not apply to ordinary household goods. Do you have any idea at this stage about which option you would go with to take such a provision forward?

There is the £1,000 minimum threshold; there is an option to set out in the bill that ordinary household goods would be excluded from statutory pledges; and there is the possibility of clarifying that the bill would not apply to anyone who is not acting with a business interest. Which of those options should we consider?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 1 November 2022

Oliver Mundell

The worry with that is that we would play a game of cat and mouse, with the predatory lenders moving and the Government adding things to the list or making new regulations. If there was reassurance up front that a certain category of goods would be excluded, that would probably remove the fear that is out there.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

You think that they should be notified before it goes on the register.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

Again, that is very clear. Although the provision addresses some of the concerns, do you think that it goes far enough for consumers to be protected if they pay the wrong person? Does it need to go further?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

I worry about mischaracterising what was said, but what I heard from the previous panel was that, if a person is in a student block of flats and they are paying money, it is easier for them not to know that the person to whom they owe money has changed. As long as they have the account details to pay it into, it is actually easier for the person not to get a notification every time that the future debt changes hands. Do you think that that is right or are you saying very firmly that it is wrong?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

I will ask a couple of questions about assignation. Principally, will there be any challenges if assignation is able to occur by both intimation and registration? Do you have a view on whether both types of claim might continue?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

If that happened, a person would know and would instantly be able to change their behaviour or their approach to how they manage that debt within their business.