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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 819 contributions

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Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

David Menzies, I will throw something else into the mix as we try to complicate this as much as we can.

One of the things that concern me about some of the responses that we have had is that we seem to be almost driven to put something in legislation by the fact that the advice sector is stretched. Where is the balance to be struck? I think that we all agree that the best scenario is earlier intervention that prevents people from getting to that position. However, we are discussing the matter as part of a bill, so that is obviously not the case. What is your opinion on how we deal with that in the bill? Should we deal with it in the bill?

Economy and Fair Work Committee

Interests

Meeting date: 13 September 2023

Brian Whittle

Thank you, convener. As recorded in the register of members’ interests, I am a director of a small business consultancy, which, from time to time, I do a little bit of work for outside parliamentary time.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

Good morning. A couple of things have popped out from Maggie Chapman and Colin Smyth’s discussions with the witnesses. The process that leads to debt recovery tends to be rather protracted and results in what you might call an increasing level of urgency in the interaction between creditor and debtor, which, in and of itself, is stressful—perhaps for both parties but certainly for the person in debt.

10:15  

There is the idea of a gatekeeper and of how we assess those who are in debt. Should the bill include provisions on how debtors might receive financial advice and at what stage they might receive that? Should we be better at ensuring that debtors understand what advice is available to them? I put that to Barry Mochan.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

Before I get into lender responsibility, I will hand over to you, convener.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

I will broaden out the discussion to include legal capacity. We have talked about those who are under compulsory orders and those who do not have legal capacity because of a power of attorney, which can, itself, be quite tricky to obtain. It strikes me that mental health is a sliding scale, but that we have been focusing on things that we can identify in black and white. We can identify those who are under a compulsory order or who are under a power of attorney, but mental health is a sliding scale. How does the bill address that?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

Yes.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

I will follow on from Murdo Fraser’s question about what could be in the bill. Dr MacPherson’s response leads me back to the issue of those who lack legal capacity, how they are currently treated in law and whether they should be liable for interest and charges on loan payments in such circumstances. Is that something that the bill could deal with?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Brian Whittle

Many people who find themselves in that situation hunker down and do not look for advice. Is there room in the bill to address that, Katie McLachlan?

COVID-19 Recovery Committee

Recovery of NHS Dental Services

Meeting date: 29 June 2023

Brian Whittle

They are not in the EU, though.

COVID-19 Recovery Committee

Recovery of NHS Dental Services

Meeting date: 29 June 2023

Brian Whittle

Good morning, minister. I have been listening with interest to what has been said and reflecting on the view of dentistry that has been portrayed, which is markedly different from the evidence that we have heard before. As a committee, we have to assess the evidence that is before us. As my colleague Jackie Baillie said, dentists have repeatedly talked about wanting to look at prevention, which you will know is a passion of mine. They have also said that there is no immediate strategy or capacity to clear the backlog or take immediate action on poor oral health. In fact, last week, we heard from dentists that, under the current system, the backlog will never be cleared. The concern for me is the huge gulf between the evidence that we are hearing today and the evidence that we have heard over the past couple of weeks.

I will mention a couple of things. One is that, because of the big gaps between dental appointments, the treatment that dentists are having to provide is much more complex, which is an indication of a problem. The other is that dentists get paid when treatment is finished, which is a problem when it takes longer to complete treatment. For example, if there is an initial appointment, a filling that is done after three months and another filling that is done after another three months, the dentist is not paid for six months. Dentists say that the system cannot continue.

If we are going to fix this, which I think that we all want to do, we have to understand the reality. The evidence that the committee has heard has painted an NHS dentistry system that, as John Mason said, students have said that they do not want to work in. We know that current NHS dentists are drifting towards the private sector. Help us here, minister. How do we close the gulf between what you are saying and the evidence that we have heard?