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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 27 February 2026
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Displaying 1012 contributions

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Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 20 September 2023

Brian Whittle

Thank you.

I will bring in Becca Stacey now. My concern is whether money advisers will be able to take this work on. It seems to me that the system is set up in such a way that, if you are on a compulsory mental health treatment order, this will kick in. However, as we have discussed, mental health does not work in a linear fashion. What if the money adviser has concerns about the client with whom they are working? Are we suggesting here that money advisers should have the capability to contact mental health services to ask for advice?

Economy and Fair Work Committee

“The economic contribution of the Pharmaceuticals Sector in Scotland”

Meeting date: 20 September 2023

Brian Whittle

To follow on from that, is there a global data network that we can tap into to pull people into clinical trials?

Economy and Fair Work Committee

“The economic contribution of the Pharmaceuticals Sector in Scotland”

Meeting date: 20 September 2023

Brian Whittle

Does anyone else want to jump in before I move on to my next question?

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?