Chamber
Meeting of the Parliament 18 December 2025 [Draft]
18 Dec 2025 · S6 · Meeting of the Parliament
Item of business
Contract (Formation and Remedies) (Scotland) Bill: Stage 1
The Greens support the bill’s principles of modernisation and clarity. We must ensure that the bill works for individuals and small enterprises, not just large organisations with legal teams. That means clear drafting, robust guidance and monitoring of its impact in practice.
The bill is technical, but its implications are far reaching. Contracts underpin everyday life—from employment to housing to business. We still need to approach stage 2 with consideration, listen to stakeholder concerns and ensure that the reform delivers the clarity and fairness that it sets out to deliver.
In the same item of business
The Deputy Presiding Officer (Liam McArthur)
LD
The next item of business is a debate on motion S6M-20173, in the name of Siobhian Brown, on the Contract (Formation and Remedies) (Scotland) Bill at stage 1...
The Minister for Victims and Community Safety (Siobhian Brown)
SNP
The Contract (Formation and Remedies) (Scotland) Bill, which implements recommendations made by the Scottish Law Commission in 2018, is concerned with contra...
Martin Whitfield (South Scotland) (Lab)
Lab
Will the Scottish Government’s proposed amendments take account of recent case law, which I think speaks to some of what the minister is referring to?
Siobhian Brown
SNP
Yes, we will be considering that, too. I know that the committee is supportive of the amendments, but it has asked me to look at drafting suggestions. I am ...
The Deputy Presiding Officer
LD
I call Stuart McMillan, to speak on behalf of the Delegated Powers and Law Reform Committee. 13:23
Stuart McMillan (Greenock and Inverclyde) (SNP)
SNP
I, too, thank Lady Paton and everyone at the Scottish Law Commission for their excellent work. I also thank everyone who has engaged with the committee on th...
The Deputy Presiding Officer
LD
I call Roz McCall to speak for about four minutes. 13:28
Roz McCall (Mid Scotland and Fife) (Con)
Con
It gives me pleasure to speak in the stage 1 debate on the Contract (Formation and Remedies) (Scotland) Bill. I inform members—whoever is left in the chamber...
The Deputy Presiding Officer
LD
Thank you, Ms McCall—I am grateful to you for not using all six of your four minutes. 13:33
Katy Clark (West Scotland) (Lab)
Lab
I am pleased to open the debate on behalf of Scottish Labour, and I associate myself with the comments from the minister and the convener about Lady Paton. ...
Lorna Slater (Lothian) (Green)
Green
The bill seeks to modernise Scots contract law by clarifying how contracts are formed and what remedies will apply when obligations are not met. Scots contra...
Martin Whitfield
Lab
I think that Lorna Slater shares my concern that the inequality of contracting power might be exploited by one party to work against individuals. Does she ag...
Lorna Slater
Green
I completely agree. As I continue my remarks, Mr Whitfield will understand why. Although a contractor being able to contract out of statutory rights respects...
Oliver Mundell (Dumfriesshire) (Con)
Con
I do not disagree with the general point that Lorna Slater is making, but does she recognise that there are other mechanisms to protect the type of individua...
Lorna Slater
Green
I had not yet concluded my remarks, so Oliver Mundell has no idea what remedy I am proposing. I will now conclude my remarks. Corporations have clever lawye...
The Deputy Presiding Officer
LD
We move to the open debate. I call Bill Kidd, who has around four minutes. 13:41
Bill Kidd (Glasgow Anniesland) (SNP)
SNP
I will not need 16 minutes or four minutes or anything like that, but that is beside the point. I thank Lady Paton, as everyone else has done. The way in whi...
The Deputy Presiding Officer
LD
I call Oliver Mundell, who has around four minutes. 13:44
Oliver Mundell (Dumfriesshire) (Con)
Con
I am grateful for the clarification on time, Presiding Officer, because Martin Whitfield told me on the way into the chamber that he was planning to speak fo...
The Deputy Presiding Officer
SNP
We move to closing speeches. 13:48
Lorna Slater
Green
The Greens support the bill’s principles of modernisation and clarity. We must ensure that the bill works for individuals and small enterprises, not just lar...
The Deputy Presiding Officer
SNP
I call Martin Whitfield, who has up to four minutes. 13:49
Martin Whitfield (South Scotland) (Lab)
Lab
It is a pleasure to close this, if not graveyard debate, perhaps more terms and conditions slot that we find ourselves in, given that we are discussing contr...
The Deputy Presiding Officer
SNP
I call Roz McCall to close on behalf of the Scottish Conservatives. You have up to four minutes. 13:53
Roz McCall
Con
I apologise once again for my earlier error on timing, Presiding Officer. I will take even less time in this speech. It was remiss of me not to put on the r...
The Deputy Presiding Officer
SNP
I call Siobhian Brown to close on behalf of the Scottish Government. You have four minutes. 13:54
Siobhian Brown
SNP
I thank everyone who has contributed to this afternoon’s debate. I repeat my thanks to the Scottish Law Commission for the work that has gone into this proje...
Katy Clark
Lab
Would the minister write to the committee in more detail as the bill progresses, outlining sector-specific areas where it is believed that guidance might be ...
Siobhian Brown
SNP
I was just about to get to that. I am confident that the bill will make the law more accessible and legally certain than it is at present. I do not feel th...
Martin Whitfield
Lab
On the point about the inequality of bargaining power, will the Government reach out to stakeholders to seek their views on whether there is a challenge in t...