The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1199 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Just so that we are clear, although there is a certain policy intention, the provisions of the bill could be applied to any employee.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I seek clarification with regard to the Proceeds of Crime Act 2002. I remember serving on a committee, if I recall correctly, that dealt with aspects of that legislation. It deals with the pursuit of assets that have been obtained through illegal activity, rather than criminal offences being committed and some form of remediation being claimed from the perpetrator. Can you clarify how that would work in relation to the bill?
Under the 2002 act, the Crown Office would secure an order of confiscation, and it would then be for the individual to demonstrate that they did not gain those assets through illegal activities. I do not understand how that would apply in this instance. Can you help me to understand that?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Any individual could be prosecuted under the bill as it is drafted.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
And part 3?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
To include negligence.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
In relation to the definition of “responsible official”, if a non-senior member of staff acted in such a way that they committed an offence under the bill, including under section 3, who should be prosecuted?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I think that I understand, but I am not entirely sure that the Proceeds of Crime Act 2002 is the legislation that would be referred to in that respect. Anyway, I will leave it there.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
That is clear to me with regard to part 2.
With regard to part 3, you are opposed to clauses 11 and 13, subject to negotiation.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
So you consider that the bill is compatible with the ECHR.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
What if the evidence pointed to a non-senior member of staff? If their actions resulted in an offence under the bill, who should be prosecuted?