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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Robert Brown (Glasgow) (LD) LD Committee
08 Feb 2011
Long Leases (Scotland) Bill: Stage 1
Let us develop some of that background. You have given an expostulation of the advantages of the commercial lease arrangement. I find it difficult to see that there can be much certainty in a transaction that has lasted 175 years—which goes back almost to before the railway ag...
Robert Brown (Glasgow) (LD): LD Chamber
22 Jun 2000
Bail, Judicial Appointments etc (Scotland) Bill: Stage 1
I begin by declaring an interest in the bill, not because, in common with Fergus Ewing, I have little chance of being elevated to the bench, or because I will require bail in future—at least, I hope not—but because of my association with Ross Harper and Murphy and my membershi...
Robert Brown (Glasgow) (LD): LD Chamber
12 Sep 2002
Acute Services Review (Glasgow)
I am the first Glasgow member of the Executive parties to speak in the debate. I thank Nicola Sturgeon and the SNP for allowing its time to be used for this debate.The future of hospital services in greater Glasgow has been the most difficult issue that I have had to face sinc...
Robert Brown (Glasgow) (LD): LD Chamber
05 Feb 2009
Early Years Framework
I think that that was perhaps a little harsh.The early years framework, which is potentially one of the most important documents to come out of the Government, continues and builds on the previous Government's work, in which Hugh Henry played a significant part, on improving e...
Robert Brown LD Committee
01 Feb 2011
Long Leases (Scotland) Bill: Stage 1
Let me interrupt you. We are trying to identify not only long leases. There are two ways of looking at the matter. There is common good ground with long leases. Are you saying that there are only two long leases?
Robert Brown (Glasgow) (LD): LD Committee
02 Dec 2008
Damages (Asbestos-related Conditions) (Scotland) Bill: <br />Stage 2
As they say in the courts, I adopt the reasoning of my good friend, Mr Butler. I will add one or two further comments. The point about clarifying, rather than changing, the law is extremely important, and it is supported by the wording that the Government has used both in the ...
Robert Brown: LD Committee
09 May 2001
Housing (Scotland) Bill: Stage 2
I am conscious that I am speaking in what I might describe as the graveyard slot just before lunch.Amendment 370 tries to make a serious point about one of the effects not just of the right to buy—that is subsidiary to some degree—but of the long-term maintenance of properties...
Robert Brown: LD Chamber
16 Sep 1999
Homelessness
I accept that concept, but it is a broader matter. Similar issues apply to how we deal with evictions from tenancy cases, and a series of reforms concerning the need for permanent accommodation, the reversal of earlier judgments, the new social tenancies and so on is long over...
Robert Brown: LD Chamber
14 Mar 2001
Housing (Scotland) Bill: Stage 1
I do not think that Duncan Hamilton has been listening to what I have been saying. This is a stage 1 debate and we are talking about the principles. The framework is in place and the details have to be examined further. That is the point of the Social Justice Committee's consi...
Robert Brown: LD Chamber
13 Jun 2001
Housing (Scotland) Bill: Stage 3
No, I want to carry on. We are offering a mechanism to secure the long-term maintenance and organisation of housing stock through community ownership. Community ownership has considerable potential because it is based on control of housing by the people who live in local areas...
Robert Brown: LD Chamber
20 Jun 2001
Mortgage Rights (Scotland) Bill: Stage 3
I want to remind members of the underlying purpose of the bill, as it is important to look to the objectives that we are trying to achieve. We are trying to put into law something that does not exist at the moment: a right for those who are threatened with eviction as a result...
Robert Brown (Glasgow) (LD): LD Chamber
28 Jun 2001
New Opportunities Fund
This has been an interesting debate. Unfortunately, the consensus throughout the chamber on the issue is not reflected in the motion and the various amendments. There is a greater degree of consensus than it would appear.It is right, as some members have said, to celebrate the...
Robert Brown (Glasgow) (LD): LD Chamber
07 Mar 2002
Homelessness Task Force
Few things are more central to our ability as a society to nurture opportunity, build communities and ensure basic human rights than having a home of our own. Conversely, few things are more destructive of the life chances of our citizens, the physical and mental well-being of...
Robert Brown (Glasgow) (LD): LD Chamber
13 Feb 2003
Water Supplies (Lead Pipes)
For a moment, I thought from the number of people in the gallery that a large number of people were interested in the debate, but that has turned out not to be the case.Nevertheless, lead in water supplies is a serious problem, particularly for babies and children. It is recog...
Robert Brown (Glasgow) (LD): LD Chamber
13 Nov 2003
Public Libraries
In what has been an excellent debate, we have heard from several speakers about the widening and changing context in which libraries in Scotland operate today. It is entirely right that we celebrate the enormous contribution that public libraries in Scotland have made to all a...
Robert Brown: LD Chamber
07 Dec 2006
Adoption and Children (Scotland) Bill: Stage 3
Thank you. I was slightly caught on the hop there, I am afraid.I am bound to say that I object to the tone of Fiona Hyslop's comments. It is important to put the matter in context. The preparations for the bill, the arrangements for it to include provisions and powers on foste...
Robert Brown: LD Chamber
23 Apr 2009
Transport Infrastructure <br />(West of Scotland)
I disagree. That point is for a previous debate. My point is that the Dalmarnock station project involves modest money and is deliverable. I hope that the SNP Government will recognise the opportunity and provide its part of the funding, which is modest in Government terms.The...
Robert Brown: LD Chamber
09 Dec 2009
Scottish Parliament (Further Powers)
We are getting into the technical long grass as opposed to the general long grass.The Conservatives are live to the threat of a Labour Government kicking Calman into the long grass. David McLetchie warned that we need a new Government at UK level if we are to take forward the ...
Robert Brown (Glasgow) (LD) LD Chamber
27 Oct 2010
Scottish Parliament
The emergency bill process has been fairly long, but this has nevertheless been an important event and the Parliament has risen to the occasion.The dispute is about a major issue of civil liberties, rights and detention periods. Normally, I take a cautious approach on such mat...
Robert Brown LD Committee
25 Jan 2011
Long Leases (Scotland) Bill: Stage 1
That is helpful, although I am not sure that it takes us all the way. You suggest that there is a case for the reform of common good law, or at least a review. Would it not perhaps be better to deal with this odd intersection with long leases arrangements under the heading of ...
Robert Brown LD Committee
01 Feb 2011
Long Leases (Scotland) Bill: Stage 1
We are considering the long leases aspect of common good land. Can any of the witnesses give us additional guidance on the extent to which ultra-long leases of common good land and property exist or might exist in Scotland? We have heard about the dispute over Waverley market,...
Robert Brown LD Committee
08 Feb 2011
Long Leases (Scotland) Bill: Stage 1
I asked for that information because the minister made great play of the fact that the proposed exemption would cause all sorts of confusion and cost if there were challenges to councils’ dispositions of land. However, the land involved could only be, first, land held on an ul...
The Convener: LD Committee
26 Nov 2003
Education (Additional Support for Learning) (Scotland) Bill: Witnesses
Yes. You can give Martin Verity your thoughts on the matter.We will take evidence on the numbers and on ESBD issues. We will also take evidence from a learning support co-ordinator—perhaps a depute head or someone of that sort—who can feed in their views on assessment and on t...
The Convener: LD Committee
03 Mar 2004
Education (Additional Support<br />for Learning) (Scotland) Bill: Stage 2
I propose to break now in view of the time, as the judges say. However, I seek the committee's guidance on one point. We still have quite a lot to finish, although many of the amendments still to come are consequential to others, so things might not be as bad as they look. We ...
The Convener: LD Committee
12 Jan 2005
Gaelic Language (Scotland) Bill: Stage 1
Okay. We can reflect those comments.If members have no other points on the financial memorandum, let us move on to the report's conclusions. To be honest, I did not like the tone of paragraph 90. As it stands, the report ends up a bit negative, whereas most people took a posit...
Robert Brown: LD Committee
20 Sep 2006
Scottish Commissioner for Human Rights Bill: Stage 2
It would be useful to consider the Scottish public services ombudsman separately from the debate about the architecture of the commission.Nevertheless, I will set the initial debate in the context of the background to the proposal on the human rights commission and the stage 1...
Robert Brown: LD Committee
21 Feb 2007
Family Support Services
I do not want to try to square circles indefinitely. In relation to this announcement, the position that I have given to you is correct. The Minister for Finance and Public Service Reform and the Executive, in general, have a view against ring fencing, which I share. We accept...
Robert Brown: LD Committee
30 Sep 2008
Budget Process 2009-10
In the second graph in your submission, which refers to short and long-term prisoners, it appears that the increase in numbers is substantially an increase in the number of short-term prisoners. If I am reading the graph correctly, the number of long-term prisoners has gone do...
Robert Brown: LD Committee
18 Nov 2008
Subordinate Legislation
I have no difficulty with the general move from the district court to the justice of the peace court structure—that is not an issue. I also have no difficulty with what is happening in other parts of Glasgow, although that has thrown up other issues such as the future of the G...
Robert Brown (Glasgow) (LD): LD Committee
29 Sep 1999
Scottish Council for Voluntary Organisations
I want to come back on two points. First, I confess that I am unenthusiastic about the charities law review. Is there clear evidence that the relatively unregulated system in Scotland causes problems other than those that exist in England, with its panoply of charity commissio...
Robert Brown: LD Committee
19 Sep 2001
Subordinate Legislation
I have two points, the first of which concerns the value of public money. Does the scheme encourage people to take up regular maintenance checks? Some older people forget how to operate their heating system, although in my experience that problem is not limited to older people...
Robert Brown (Glasgow) (LD): LD Chamber
23 Jun 1999
Devolved Legislation
On behalf of the Liberal Democrats, I welcome the minister's statement and the style in which she made it. The bill is a most important one, which has been long awaited and long in gestation. It is unfortunate that Alasdair Morgan contributed a carping diatribe about whether t...
Robert Brown (Glasgow) (LD): LD Chamber
25 Nov 1999
Carers Strategy
On behalf of the Liberal Democrats, I join in the plaudits to the deputy minister, who has produced a good paper and brought it before the chamber in an understated but effective fashion. The extent and impact of caring in Scotland is one of our best-kept secrets. The dependen...
Robert Brown (Glasgow) (LD): LD Chamber
23 Feb 2000
Clydeside (Regeneration)
I want to echo Gordon Jackson's approach and come at this issue from the Glasgow end of the Clyde. As a Glasgow MSP, I feel that it is important to recognise Glasgow's position as the hub of the region and to recognise that, in many ways, it is the road to the isles. Many peop...
Robert Brown (Glasgow) (LD): LD Chamber
02 Mar 2000
European Convention on Human Rights
First, I must declare an interest in respect of my membership of the Law Society of Scotland, and my legal consultancy with Ross, Harper and Murphy—not least because my colleague Cameron Fyfe is running what is likely to be the test case on children's hearings.This has been on...
Robert Brown (Glasgow) (LD): LD Chamber
03 May 2000
Govan Shipyard
Gordon Jackson is to be applauded for securing this debate, in which some good points have been made. Many members have visited the Govan yard—I went round it most recently with Menzies Campbell, the Liberal Democrat defence spokesman. I was struck by the massive size of the y...
Robert Brown (Glasgow) (LD): LD Chamber
14 Jun 2000
Disabled People (Housing Needs)
I start by thanking the considerable number of members who have signed the motion and the various groups with which we have had contact and which have briefed us on the background to this issue.The language of the Scottish Parliament and the Scottish Executive is full of aspir...
Robert Brown (Glasgow) (LD): LD Chamber
02 Nov 2000
Drugs Courts
I must first apologise for arriving late—I was stuck in traffic. However, that had an advantage: I heard Hugh Henry going on about the rights and wrongs, and the good and bad things in the Parliament; but all the naughty bits took place before I got here. I therefore think tha...
Robert Brown (Glasgow) (LD): LD Chamber
30 Nov 2000
District Courts
It is one of the Parliament's strengths that debates which have a spurious basis—such as this one, as Mr Gallie's motion demonstrates—manage to achieve some balance by the end. Some speeches, such as Bill Aitken's account of his experience of the courts, were fairly knowledgea...
Robert Brown: LD Chamber
15 Mar 2001
Credit Unions
Absolutely. My comment was made with tongue in cheek. I entirely accept Mary Scanlon's point that the Parliament has the opportunity to do something in this area in its leadership role.The central point is that credit unions are major instruments of empowerment in Scotland. I ...
Robert Brown: LD Chamber
22 Mar 2001
Drug Misuse and Deprived Communities
I am grateful to Lyndsay McIntosh for that input. I detected a greater recognition of that point from the Conservatives today.In what I think was one of the most brilliant speeches of the debate—it was peppered with insights—my colleague Keith Raffan called the patchy and inad...
Robert Brown (Glasgow) (LD): LD Chamber
25 Apr 2001
Scotland's Skills for Tomorrow
This is an important debate, but the party political posturing sometimes obscures the level of agreement that exists across the chamber about some of the priorities in the area of skills.Liberal Democrats have been pressing the themes of the debate for a long time. There is an...
Robert Brown: LD Chamber
26 Sep 2001
Voluntary Sector
Indeed, I accept that entirely. However, the issue is the use of that consultation in terms of the debate—it is as if the Opposition is putting some sort of alternative on show. The fact is that the issue should be viewed more positively because we are at a milestone for the v...
Robert Brown: LD Chamber
12 Dec 2001
National Health Service
No, thank you. I have a number of things to say.Resources have, in fact, gone up by a whopping £700 million over two years, and will rise to £1,800 million by 2003-04. Liberal Democrats want yet more investment in health, but we have always stressed as our first priority the n...
Robert Brown (Glasgow) (LD): LD Chamber
16 Jan 2002
Railways
A funny thing about the Scottish Parliament is that, while we can start off with a rather irrelevant motion, followed by a fairly unconstructive speech to start the debate and some partisan speeches along the way, a number of themes nevertheless begin to come through as the de...
Robert Brown: LD Chamber
17 Jan 2002
Freedom of Information (Scotland) Bill: Stage 1
I am not sure whether the matter has been clarified. Lord James Douglas-Hamilton and David McLetchie criticised the principle behind the bill and do not seem to recognise the distinction between what an Executive of any description chooses to place in the public domain and wha...
Robert Brown (Glasgow) (LD): LD Chamber
28 May 2002
Alternatives to Custody
Paul Martin is right to describe the effect of crime on individuals and local communities. The real issue that underlies today's debate is why such things happen and what we can do about them. Criminal actions are the product not of the justice system, but of deeper social pro...
Robert Brown (Glasgow) (LD): LD Chamber
04 Sep 2002
Scottish Water Supplies <br />and Public Health
This has been a rather better debate than I thought it would be when I heard the depressingly overblown speeches of Bruce Crawford and John Scott.Water holds a special place in the consciousness of people in Scotland, which is odd, because as Dorothy-Grace Elder said, we have ...
Robert Brown (Glasgow) (LD): LD Chamber
09 Oct 2003
Schools (Enterprise Culture)
Jamie Stone was right when he said that all the amendments show an underlying support for the thrust of the Executive's motion. Fiona Hyslop recognised that when she complained about people going off on tangents. I was surprised when she then went off on a tangent of her own—i...
Robert Brown: LD Chamber
08 Jan 2004
Housing
Those measures are in place, but the problem lies in the routine situation where decay sets in over time. I have long argued that long-term maintenance funds built up by monthly payments along with the mortgage, for example—with the owner's share saleable as an asset to new pu...
Robert Brown (Glasgow) (LD): LD Chamber
25 Mar 2004
Summary Justice
I begin by declaring my membership of the Law Society of Scotland and my role of consultant with Ross Harper solicitors in Glasgow.I welcome the McInnes report. It is a very thorough piece of work, which examines and raises many issues. Sheriff McInnes said that some of them w...
Robert Brown (Glasgow) (LD): LD Chamber
23 Mar 2005
Clydeside Shipyards
I congratulate Trish Godman on securing tonight's worthwhile debate on the Clyde shipyards. If I may say so, this is one of those debates that comes camouflaged a little but packs a punch as the speeches develop.I also have some shipbuilding forebears. In my case, my grandfath...
Robert Brown: LD Chamber
24 Mar 2005
Co-operative Education
That is absolutely right and that is the connection that I was trying to make. I was also making the point that the fate of the old CWS shows how a co-operative body with an inadequate feel for enterprise can be swept aside and might not keep up to date.The second caveat is on...
Robert Brown (Glasgow) (LD): LD Chamber
28 Apr 2005
Smoking, Health and Social Care (Scotland) Bill: Stage 1
I am delighted to close the debate for the Liberal Democrats and to speak on the bill's provisions, including the central ban on smoking in enclosed public places, which is probably the most important public health measure in a generation.It is also important to highlight the ...
Robert Brown (Glasgow) (LD): LD Chamber
12 May 2005
Schools-Colleges Review
I give a warm welcome to the publication of the documents on school-college partnerships. The Executive has implemented yet another key Liberal Democrat manifesto commitment in the field of education. We Liberal Democrats practise what we preach: we give opportunities to young...
Robert Brown: LD Chamber
22 Dec 2005
SCOTTISH EXECUTIVE · Childhood Obesity
A number of issues are involved in that. I agree with Carolyn Leckie that obesity is a growing—in several senses of the word—issue in all developed countries although it is greater among boys and there is a suggestion that it is declining slightly among girls.It will take some...
The Deputy Minister for Education and Young People (Robert Brown): LD Chamber
03 May 2006
Scottish Commissioner for Human Rights Bill: Stage 1
It gives me great pleasure to open the stage 1 debate on the general principles of the Scottish Commissioner for Human Rights Bill. It is a long way from the day, back in 1999, when those organisations and individuals with an interest set up the cross-party group on human righ...
Robert Brown: LD Chamber
07 Sep 2006
Education
We have introduced structures—for example, with regard to additional learning needs—to address the matter across the board and have placed corporate duties on local authorities to deal adequately with such situations. After all, such problems require more than the rather limit...
Robert Brown: LD Chamber
07 Dec 2006
Adoption and Children (Scotland) Bill: Stage 3
Amendments 4A and 4B were lodged by Adam Ingram. The purpose of amendment 4A is to include counselling and assistance to birth parents who are considering giving up their child for adoption as a distinct service under section 1. That service would be provided automatically, wi...
The Deputy Minister for Education and Young People (Robert Brown): LD Chamber
17 Jan 2007
Protection of Vulnerable Groups (Scotland) Bill: Stage 1
I am obliged, Presiding Officer, although I am slightly confused by the timescale. I thought that the debate went on until 4 o'clock.I begin by thanking the Education Committee for its careful and anxious consideration of the bill and its generous comments about the way in whi...
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Committee

Justice Committee 08 February 2011

08 Feb 2011 · S3 · Justice Committee
Item of business
Long Leases (Scotland) Bill: Stage 1
Let us develop some of that background. You have given an expostulation of the advantages of the commercial lease arrangement. I find it difficult to see that there can be much certainty in a transaction that has lasted 175 years—which goes back almost to before the railway age. However, I will leave that to one side.The Scottish Law Commission published its discussion paper on abolition of the feudal system as long ago as 20 years, in 1991. It could be argued that the eventual prohibition of ultra-long leases was implicitly imminent from that time on. However, commercial entities continued to grant ultra-long leases in the period after that. Can you give us any insight into why they did so? Where might the advantage of certainty be when it comes to such leases being granted from the postulation of the Law Commission’s reforms to the point at which future ultra-long leases were abolished?10:15

In the same item of business

The Convener Con
The principal business of the morning is the final day of evidence taking on the Long Leases (Scotland) Bill. I welcome the first panel of witnesses, who are...
Bill Butler (Glasgow Anniesland) (Lab) Lab
Good morning to the panel.In your written submission to the committee, you express concern that the exemption in section 1(4)(a) of the bill, which relates t...
Dale Strachan (Brodies LLP)
I am happy to do so.I am a commercial property lawyer. The bill has ambitions to scope matters relating to residential leases and other forms of lease other ...
Bill Butler Lab
We are grateful to you for taking us through the delights, as you put it, of the leasehold mechanism in Scotland. However, could you perhaps address the poin...
Dale Strachan
Through the mechanism as drafted, limits have been chosen for reasons that have been explained. The variable element of the lease can often be the substantiv...
Bill Butler Lab
If I understand you correctly, you are saying that the provisions in the bill as introduced are inflexible, lack certainty and could be viewed as being unfai...
Dale Strachan
It might discourage future investment in commercial property by serious investors.
Robert Brown (Glasgow) (LD) LD
Let us develop some of that background. You have given an expostulation of the advantages of the commercial lease arrangement. I find it difficult to see tha...
Dale Strachan
That probably owes something to the creative ability of lawyers to produce a commercial solution that achieves clients’ objectives. It was not in any way an ...
Robert Brown LD
People might suggest that ultra-long leases are sometimes entered into for tax advantages, given the way in which they are structured. There is an argument t...
Dale Strachan
In truth, I cannot think of strong reasons why that would be a driver, other than that investors look for certainty in their long-term investments. We mentio...
Robert Brown LD
Accepting the argument that there may be technical issues with the compensation arrangements, would you, in an ideal world, prefer the existing ultra-long le...
Dale Strachan
It is my submission that parties who made commercial arrangements in a free environment should not have them unwound against their will. Parliament has made ...
James Kelly (Glasgow Rutherglen) (Lab) Lab
The City of Edinburgh Council, supported by Glasgow City Council, pointed out in evidence to the committee that leases in which a large grassum is paid with ...
Dale Strachan
There is a distinction to be made between situations in which the vendor was a local authority and, possibly, subject to common good restraint and those in w...
Dave Thompson (Highlands and Islands) (SNP) SNP
Good morning to you both.Professor Rennie said in oral evidence to the committee that it would be “crazy” to set the rent exemption level as low as £100, and...
Dale Strachan
That is extremely difficult. I am not a property valuer, but I fully accept that if the intent is—as I understand it from the policy memorandum—not to captur...
Dave Thompson SNP
Thank you for that. We heard from Professor Gretton, who does not support the exemption in principle, that an alternative approach might be to extend the qua...
Dale Strachan
I am glad that you asked me that; I read Professor Gretton’s evidence with interest. The history of property development in Scotland is an interesting pointe...
Dave Thompson SNP
Would you be concerned that moving to 225 years as opposed to 175 years would lead to a lack of consistency with the requirements in the Abolition of Feudal ...
Dale Strachan
Consistency has its merits, but so does pragmatism. We are dealing with a period of about 50 years in which all the town centres in Scotland have been redeve...
The Convener Con
Are there any other questions for Mr Strachan? I see that Nigel Don wants to come in.
Nigel Don (North East Scotland) (SNP) SNP
Good morning. Have you read the discussion in the Official Report on leases for underground pipelines and the like? I hope that you have followed that debate...
Catherine Reilly (Brodies LLP)
One of the witnesses thought that they were not leased—is that right?
Nigel Don SNP
Yes.
Catherine Reilly
Others said that they were. We are talking about the leases for the pipes and cables.
Nigel Don SNP
The certainty is that there are pipes and cables down there; the uncertainty is whether leases exist.
Catherine Reilly
I know that there are leases because I have been involved in that kind of thing. In Scotland, in the law of servitudes, for there to be a benefited property ...
Nigel Don SNP
Are you confident that such a lease is a meaningful, legal entity in Scots law?
Catherine Reilly
Yes, and I have taken an opinion on that from another academic. Because of the importance of bringing oil in from the North Sea, it is not something to be do...