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Official Report Meeting date: 16 March 2016

Meeting of the Parliament 16 March 2016

The bill is complex and controversial, and the fact that we had to pull two pieces of legislation into one bill made the challenge facing us more complex and tougher. The Salvesen v Riddell decision hung over us all and concentrated our minds, and I hope that in his summing up the cabinet secretary will tell us whether he has managed to find space in his di...
Official Report Meeting date: 11 March 2015

Local Government and Regeneration Committee 11 March 2015

Under the bill, the authority must consider whether agreeing to the request “would be likely to promote or improve— (i) economic development, (ii) regeneration, (iii) public health, (iv) social wellbeing, or (v) environmental wellbeing” and consider “(d) any other benefits that might arise ... and (e) any other matter (whether or not included in or...
Official Report Meeting date: 26 February 2015

Meeting of the Parliament 26 February 2015

Those principles are not new to the Government or in general; rather, they are attributable to Adam Smith, in book V of “The Wealth of Nations”. The present council tax’s compliance with the first three of those maxims might be debated, but most recognise that the council tax, as set out in the Local Government Finance Act 1992—it has been with us for more...
Official Report Meeting date: 14 January 2015

Local Government and Regeneration Committee 14 January 2015

We had an objection to a lap-dancing club at the time of the transitional arrangements, brought by one of the licensing standards officers, and that led to the appeal in the now famous case of Brightcrew Ltd v City of Glasgow Licensing Board. One of the issues that we have now is that, because of the Brightcrew decision, it became clear that the licensing b...
Official Report Meeting date: 21 January 2014

Education and Culture Committee 21 January 2014

Although it has never been the case that ministers’ decisions have been biased or influenced by political considerations, it is a perception that is often hard to refute, so it is better that in the future those decisions will be taken away from the political spotlight and be made at arm’s length from ministers.Amendment 409 also provides for the panels to be able to draw on advice from HMIE, as well as information from the education authority and any other person, just as ministers may obtain expert advice from HM Inspectorate of Education at the call-in stage.The judgment in the case of Comhairle nan Eilean Siar v...
Official Report Meeting date: 1 October 2013

Justice Committee 01 October 2013

The matter was considered recently by the appeal court in McCann v HMA. As a result of that, the Lord Advocate issued guidance that indicated that, in relation to 16 and 17-year-old suspects, there is to be a strong presumption that they should not be able to waive their right of access to legal advice.
Official Report Meeting date: 27 February 2013

Finance Committee 27 February 2013

Our view has been informed by Lord Hope’s judgment in the Court of Session in—this is a blast from the past—Glenrothes Development Corporation v Inland Revenue Commissioners 1994.
Official Report Meeting date: 4 October 2011

Health and Sport Committee 04 October 2011

Nevertheless, I recognise that we must always keep it under review and I am acutely aware of the fact that a number of recent events—the failures of care at the Elsie Inglis nursing home, the Mental Welfare Commission for Scotland’s report on Mrs V and the collapse of Southern Cross Healthcare—will have dented public confidence in the services that we provi...
Official Report Meeting date: 13 September 2011

Health and Sport Committee 13 September 2011

I suppose that we are as guilty of that as anyone with our report on Mrs V; although that was not a care home case but a hospital case, it revealed the same issues.The MWCS has been doing proportional and risk-based assessment for a few years now, and we generally support the model.
Official Report Meeting date: 23 June 2011

Meeting of the Parliament 23 June 2011

However, it is equally clear from the decision in HMA v Harris that the absence of a public element would be fatal to a prosecution for breach of the peace.

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