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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 1 July 2025
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Displaying 1659 contributions

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Finance and Public Administration Committee

Subordinate Legislation

Meeting date: 6 February 2024

Michelle Thomson

Good morning, minister. I wish to raise a couple of wee points. In general, the changes to ADS in particular are welcome, because there were quite a few anomalies, as we know.

I just wanted to check something relating to a comment by the Chartered Institute of Taxation on situations in which somebody finds themselves in the position of taking inheritance of a property and then seeks to buy their own home. A provision of relief has been made for the period between the property being inherited and the conclusion of missives for the new property—or the purchase of the new property, I should say. The point is that missives are now invariably concluded on the day of purchase. That has been the case since about 2008. The days when people concluded missives and purchase would take place later have gone, because of the lack of availability of finance.

Could you explain your thinking in that regard? It seems like a relief that will get very little take-up altogether. Therefore, people will still continue to be impacted, through no fault of their own and with no choice, in situations in which they inherit a property but still need to buy their own family home. Could you provide a bit more context around that?

Finance and Public Administration Committee

Subordinate Legislation

Meeting date: 6 February 2024

Michelle Thomson

You make a fair point about that being a change, but it might be worth considering at some point, along with the idea of a finance bill, which we are having similar discussions about, because there are always unintended consequences with our tax. There is also the complexity of shunting Scottish taxes into a wider UK framework. Such an approach may lend itself to that, but that is probably a separate discussion.

Finance and Public Administration Committee

Agriculture and Rural Communities (Scotland) Bill: Financial Memorandum

Meeting date: 6 February 2024

Michelle Thomson

You cannot introduce yet another cliff edge, on top of the UK Government one.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

I apologise if this has already been covered. What consideration has been given thus far to a situation in which a young man in secure accommodation should elect to self-identify as being of a different gender? I ask that specifically from a safeguarding perspective. Has the detail of that been worked up? Obviously, that issue has been much discussed by the Criminal Justice Committee.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Is the minister able to respond to my earlier question about there being equitable representation from victim groups and those of the accused at the round-table event?

I appreciate that the Government will give consideration to the matter—I agree that it should do that—but I want you to flesh out the nature of that consideration. As my colleague Ruth Maguire alluded to in the earlier group of amendments, balancing rights is a challenge, but representation must be equitable.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

I will pick up on a tiny point regarding the issue of rights. In the event of the UK Government wishing to remove us from rights—for example, the ECHR—which has been presented as a very real possibility if not a threat, have you considered the extent to which that would implicate the rights provisioning in the bill?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Have you had advice on that? I am just probing a bit more about the rights-based element and the extent to which you can be confident in all potential legal scenarios. Are you confident that the advice that you have received thus far takes cognisance of that possibility, from the point of view of children’s rights?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

We appreciate that the round table is an important part of the discussion. Would you look for equitability of representation of victims as well as the accused, rather than simply representation?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

Will the minister give way?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 31 January 2024

Michelle Thomson

I have one further point, to sum up. Minister, you will have gathered that the committee has some concerns. I appreciate the position in which you find yourself with regard to what you are able to control, and I empathise with you in that respect. However, are you able to commit, off the back of this discussion today, to set out specifically, based on your discussions with the Cabinet Secretary for Justice, the basis on which the committee can, as individual members, go forward to stage 3?

I cannot speak for every member, but I sense that it is not enough for us to go on to stage 3 knowing only that the matter might be looked at in a further bill or that there will be a round table at some point, given the scale of the concern over the challenge of conflicting rights. Will the minister be able to write back to the committee once she has had a chance to affirm the specifics of the next steps, including dates and so on?