Chamber
Meeting of the Parliament 27 June 2018
27 Jun 2018 · S5 · Meeting of the Parliament
Item of business
Prescription (Scotland) Bill: Stage 1
The Solicitor General for Scotland
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I am going to press on for now.
As well as the provisions that I have mentioned, the bill makes some miscellaneous provisions, which I want to mention briefly before time runs out. First, the bill allows for agreements to extend the five-year prescription by no more than one year in order to allow parties time to negotiate an end to their dispute without the need for protective proceedings. The committee recognises the merit in those agreements. Secondly, the bill adds to the definition of “relevant claim” in order to take account of claims that are made in sequestrations and company administration receiverships.
In concluding my opening remarks, I again thank the Delegated Powers and Law Reform Committee for its scrutiny of and support for the bill’s general principles. The approach that is taken in the bill is not one of wholesale reform. Its aim is to focus on and address those particular areas that have caused difficulty in practice. The Scottish Government believes that the bill strikes a fair balance overall in redressing cases of unfairness for creditors and debtors while also serving the wider interests of fairness, justice and certainty.
In those circumstances, I move that the Parliament agrees to the general principles of the Prescription (Scotland) Bill.
In the same item of business
The Deputy Presiding Officer (Christine Grahame)
SNP
The next item of business is a debate on motion S5M-12958, in the name of Annabelle Ewing, on the Prescription (Scotland) Bill at stage 1. I call Joe FitzPat...
The Deputy Presiding Officer
SNP
I call Alison Di Rollo, Solicitor General for Scotland, to speak to the motion. You have nine minutes, Solicitor General. 15:18
The Solicitor General for Scotland (Alison Di Rollo)
I am pleased to be here today on behalf of the Scottish Government to open the debate on the general principles of the Prescription (Scotland) Bill, which be...
Neil Findlay (Lothian) (Lab)
Lab
Will the Solicitor General take an intervention?
The Solicitor General for Scotland
I want to make progress at this stage, if that is all right. The Convention of Scottish Local Authorities told the committee that it is rare for action to b...
Mark Griffin (Central Scotland) (Lab)
Lab
Will the Solicitor General take an intervention?
The Solicitor General for Scotland
I am going to press on for now. As well as the provisions that I have mentioned, the bill makes some miscellaneous provisions, which I want to mention brief...
The Deputy Presiding Officer
SNP
Thank you, Solicitor General. I know that you are not used to this, but the motion has already been moved by Mr FitzPatrick.
The Solicitor General for Scotland
Sorry, Presiding Officer. That was corroboration. Laughter.
The Deputy Presiding Officer
SNP
Oh, yes. I was all in favour of corroboration. It got me into a lot of trouble. Laughter. I call Graham Simpson to speak on behalf of the Delegated Powers ...
Graham Simpson (Central Scotland) (Con)
Con
I thank Ms Di Rollo for stepping in today. One of the responsibilities of the Delegated Powers and Law Reform Committee is to scrutinise Scottish Law Commis...
Alison Harris (Central Scotland) (Con)
Con
First, I will simplify the meaning of “prescription”. Prescription and Scots law on prescription encourage people to enforce their rights swiftly, and before...
Daniel Johnson (Edinburgh Southern) (Lab)
Lab
In the light of the announced reshuffle of Government ministers, I begin by registering my thanks to Michael Matheson and Annabelle Ewing. Over the time that...
Liam McArthur (Orkney Islands) (LD)
LD
Like Daniel Johnson, I start by acknowledging the contribution that was made by the new justice secretary’s predecessor, Michael Matheson, and by Annabelle E...
Stuart McMillan (Greenock and Inverclyde) (SNP)
SNP
I am delighted to speak in the debate, and I place on record my thanks to Michael Matheson and Annabelle Ewing. In particular, I appreciate Annabelle Ewing’s...
Bill Bowman (North East Scotland) (Con)
Con
I thank my colleague Graham Simpson, the convener of the Delegated Powers and Law Reform Committee, and the committee clerks for their work on the bill. Havi...
The Deputy Presiding Officer
SNP
I would appreciate it if the last two speeches in the open debate came in at just under four minutes, please. 16:00
Mark Griffin (Central Scotland) (Lab)
Lab
We welcome the bill. The new discoverability test, which requires a person to be aware that their loss, injury or damage was caused by a person’s act or omis...
Tom Arthur (Renfrewshire South) (SNP)
SNP
I join colleagues across the chamber in paying tribute to Annabelle Ewing. I had the privilege of being the parliamentary liaison officer to Michael Matheson...
Neil Findlay (Lothian) (Lab)
Lab
I welcome the new ministers—although I think that they have left the chamber—and I thank the outgoing ministers for their public service. I thank the Solicit...
Gordon Lindhurst (Lothian) (Con)
Con
In a debate of this nature, it may seem that my right to say anything interesting by this stage has been extinguished by prescription. Let me start by mentio...
Neil Findlay
Lab
Has the member lifted Stewart Stevenson’s speech today?
Gordon Lindhurst
Con
What can I say? I have been found out. No, not on this occasion, Mr Findlay. There is a need to balance the rights and obligations of creditors and debtors,...
The Solicitor General for Scotland
I do not want to turn this into a mutual appreciation society, but I add my thanks and tributes to the outgoing justice ministers and the members of the DPLR...
Daniel Johnson
Lab
Given that the situation is different south of the border, has any evidence been gathered on whether the six-year prescription period for local authorities i...
The Solicitor General for Scotland
I do not think that such a comparative exercise has been done. The scope of the bill does not go that wide. As Tom Arthur mentioned, the purpose of the bill ...
Neil Findlay
Lab
That might be the DWP’s position, but it would be highly unusual if it was the argument of Citizens Advice Scotland, the Govan Law Centre and the Child Pover...
The Solicitor General for Scotland
Mike Dailly and other consultees have expressed their views. This is a complex, nuanced matter on which there are different shades of opinion. However, there...
Neil Findlay
Lab
Will the Solicitor General take an intervention?
The Solicitor General for Scotland
I must press on. I turn to an issue that Daniel Johnson and Tom Arthur mentioned, and of which Alison Harris gave a helpful explanation—discoverability and ...