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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 28 June 2025
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Displaying 1169 contributions

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Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Tom Arthur

There is a specific question about that within the consultation, which highlights that that is not something that we are proposing, although it invites views on the matter, in recognition of the different statutory protections that exist, for example for tenants, and the fact that, in cases of joint and several liability, other individuals who would be impacted would have access to the various solutions that are available. We will carefully consider the responses to the consultation.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Tom Arthur

I have already engaged with stakeholders about that. I had a meeting early in the autumn, which I think was referred to by one of the witnesses who gave evidence to the committee. Members will be aware that that is something that we can address through existing powers, under secondary legislation.

I understand the policy intent behind the argument and am also conscious of some of the comments that have been made by witnesses. Although I am sympathetic about what such a measure would seek to do, it is incumbent on me to ensure that we take a rounded view and that there are no unintended consequences. The undertaking that I have given to stakeholders is that I will wait to see what view the committee forms. I am conscious that the Convention of Scottish Local Authorities has written to the committee about the matter.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 29 November 2023

Tom Arthur

I have committed to further engagement, and if the committee’s view is that that warrants engagement at the consultation level, then I am happy to consider that. I recognise some of the issues and sensitivities that have been raised, and I am committed to further engagement. Richard, is there anything that you want to add?

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

That would be the UK Government that was in power at the time. There was an approach—it was clearly understood at the time—when those were the circumstances in South Africa.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

Thank you, convener, and good morning to the committee.

The bill triggers the consent process because it alters the executive competence of Scottish ministers by preventing them from taking moral or political disapproval of the conduct of any foreign state into account in procurement decisions. That is not necessary. There are already significant protections in domestic procurement law. It is undemocratic. It would allow UK ministers to fine Scottish ministers even for saying that they would have taken disapproval into account were it not unlawful to do so. It risks our ability to take a values-based approach to international engagement. Whether that is in relation to Ukraine today or to apartheid South Africa in the past, it should be clear why that is important. The Scottish Government does not recommend that consent be given.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

I will consult the document. That would be a previous UK Government.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

I refute the implication that the bill is in any way giving succour. Every single person and every member of the Parliament is completely unified in their unconditional and unqualified condemnation of antisemitism in all its forms. We are considering this morning a legislative consent memorandum whereby the UK Government is seeking to alter the competence of Scottish ministers and to change the devolution settlement. That is specifically what we are considering in the LCM, and that is situated in the broader context of consistent acts by the UK Government to undermine devolution. That is specifically what the LCM speaks to.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

I respect that there is a range of views, and a range of views was aired when the legislation was considered at Westminster. The position that we are considering today is the implications for devolution, specifically the executive competence of Scottish ministers. That is a distinct matter and something that we, as parliamentarians, have to pay close attention to and consider carefully, particularly in the context of what we have seen over recent years, namely, the approach by the UK Government that has been encroaching upon devolved competency. That is what we are specifically considering. The legislation would alter the executive competence of Scottish ministers, and we are opposed to it on that basis.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

Scottish ministers and public bodies in Scotland of course take decisions on procurement that are consistent with and uphold our obligations under international and domestic procurement law. It is also recognised, and is expected of all those who are in a position to take them, that decisions are not taken in an ethical or moral vacuum. We have a strong record on public procurement. We have clear provision set out in legislation and a suite of tools to assist public bodies in their procurement decisions. All public procurement decisions that are taken in Scotland have to be consistent with domestic and international procurement law obligations.

Economy and Fair Work Committee

Economic Activity of Public Bodies (Overseas Matters) Bill

Meeting date: 22 November 2023

Tom Arthur

It is important to note that, with the coming into force of the Procurement Reform (Scotland) Act 2014 and subsequent regulations, along with a suite of tools, we promote sustainable procurement across Scotland, which takes into account a wide range of considerations and factors. Alasdair Hamilton may want to expand on that.