Chamber
Meeting of the Parliament 18 December 2018
18 Dec 2018 · S5 · Meeting of the Parliament
Item of business
Damages (Investment Returns and Periodical Repayments) (Scotland) Bill: Stage 1
That is a fair point to make, although the vast majority of the evidence sided with the probability that overcompensation would be the likely result of these new provisions.
The third area where there has been some disagreement relates to the assumption that the hypothetical investor will hold assets for 30 years. A longer period of investment would increase the likely returns and therefore increase the discount rate. It was not obvious from the evidence given to the committee why a period of 30 years should be used. We heard evidence to suggest that the average for a settled claim could be much longer and last around 40 to 45 years.
That led the committee to call on the Government to assess how the 30-year period would work in practice and we are grateful to the minister for confirming that her department will keep under review the operation of the 30-year period of investment to ensure that in reality it does not produce a significant divergence in returns.
In the same item of business
The Deputy Presiding Officer (Linda Fabiani)
SNP
The next item of business is a debate on motion S5M-15169, in the name of Ash Denham, on the Damages (Investment Returns and Periodical Payments) (Scotland) ...
The Minister for Community Safety (Ash Denham)
SNP
I am very pleased to be here to open the debate on the general principles of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill. I than...
Daniel Johnson (Edinburgh Southern) (Lab)
Lab
I accept the minister’s point, in broad terms. Will she give some detail about the out-of-cycle review? In a five-year period, assumptions around investments...
Ash Denham
SNP
Daniel Johnson makes a good point. The general point is that the rate must meet the needs of the hypothetical investor and ensure that they get the right amo...
John Mason (Glasgow Shettleston) (SNP)
SNP
The committee had concerns about the fact that the court could impose on a pursuer who, for various reasons, might not want a continuing relationship with th...
Ash Denham
SNP
We have taken account of that. We recognise that there are many reasons why a PPO might not be suitable for a pursuer or a defender, but we think that the co...
The Deputy Presiding Officer
SNP
I call Gordon Lindhurst to speak on behalf of the Economy, Energy and Fair Work Committee for up to eight minutes. 15:48
Gordon Lindhurst (Lothian) (Con)
Con
I trust that all members present have read our stage 1 report, which is a classic of the genre. Neil Findlay is not present on this occasion to ask me a ques...
Dean Lockhart (Mid Scotland and Fife) (Con)
Con
I thank those who provided submissions on the bill and the witnesses who attended the three Economy, Energy and Fair Work Committee sessions that were dedica...
Daniel Johnson
Lab
I thank the member for giving way. I accept some of what he is saying, but does he not accept that the language being used—the talk of a portfolio of balance...
Dean Lockhart
Con
The member makes a fair point. That is why the further adjustments that we will come to—such as the 0.5 per cent deduction to pay for professional advice in ...
John Mason
SNP
Will the member accept that it is inevitable that some people will be undercompensated and some will be overcompensated? It is not possible to exactly compen...
Dean Lockhart
Con
That is a fair point to make, although the vast majority of the evidence sided with the probability that overcompensation would be the likely result of these...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
Will the member give way?
Dean Lockhart
Con
I am literally about to wrap up. The Damages (Investment Returns and Periodical Payments) (Scotland) Bill is technical, but it is vitally important for thos...
Daniel Johnson (Edinburgh Southern) (Lab)
Lab
I, too, thank the clerks and members of the Economy, Energy and Fair Work Committee for their excellent work at stage 1 of the Damages (Investment Returns an...
The Deputy Presiding Officer (Christine Grahame)
SNP
We move to the open part of the debate. Members have a generous four minutes for speeches. 16:09
John Mason (Glasgow Shettleston) (SNP)
SNP
The bill has been more interesting than I think that some committee members might have anticipated. The bill may affect a relatively small number of people, ...
Maurice Corry (West Scotland) (Con)
Con
I, along with my colleagues, welcome this stage 1 debate on the bill. Suffering personal injury is never expected. No one ever wants to have to claim compens...
Angela Constance (Almond Valley) (SNP)
SNP
Although the number of people who are directly affected by the bill is small, the bill is nonetheless crucial. We should always remember whose interests are ...
Jackie Baillie (Dumbarton) (Lab)
Lab
As a member of the Economy, Energy and Fair Work Committee, which scrutinised the bill, I am grateful to have the opportunity to speak in the debate. Four mi...
The Deputy Presiding Officer
SNP
I can give you five minutes.
Jackie Baillie
Lab
Oh, my goodness! I cannot guarantee that my arguments will be any more elegant. Let me cut to the chase and focus on two areas: the discount rate and periodi...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
I have not been involved with the bill thus far, but I want to develop a number of its aspects; Jackie Baillie has touched on them already. The committee’s ...
John Mason
SNP
Will the member give way?
Stewart Stevenson
SNP
I will give way to somebody who knows more than I do about that matter.
John Mason
SNP
The committee received evidence—I do not know whether the member would agree with it—that perhaps the investment cost would be higher at the beginning and lo...
Stewart Stevenson
SNP
I am absolutely sure that the member is correct, but that goes to the heart of how the compensation is provided: whether it is paid in a lump sum up front or...
Jackie Baillie
Lab
I will helpfully supply Stewart Stevenson with the discount rate that he was looking for. The Association of Personal Injury Lawyers supplied us with it: it ...
Stewart Stevenson
SNP
That is broadly what I would have expected, so I am obliged to the member for that. Investors come in all shapes and forms. Over the years, with my wife, I ...