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Seòmar agus comataidhean

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 4 May 2021
  6. Current session: 13 May 2021 to 11 November 2025
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Displaying 1699 contributions

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Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 20 September 2023

Claire Baker

You might be able to give us an insight into when any future bankruptcy reforms will be introduced. The bill that the Government has introduced is a fairly technical one. It includes the mental health moratorium, but the rest of it is quite technical. You mentioned the 10-year limit for minimal asset process bankruptcy. As I have mentioned, there are issues around arrestment of wages and other areas. Do you have an understanding of when the Government plans to introduce secondary legislation or policy in this area? You have talked about the pressure that people are under at the moment. When will we see the other reforms that people need?

Economy and Fair Work Committee

Interests

Meeting date: 13 September 2023

Claire Baker

Good morning, and welcome to the 22nd meeting in 2023 of the Economy and Fair Work Committee. Agenda item 1 is a declaration of interests by each of our four new committee members.

First, though, I thank Jamie Halcro Johnston and Graham Simpson for their contribution to the committee and their work on our inquiries. I wish them well in their new roles in their new committees.

I am pleased to welcome Murdo Fraser, Ash Regan, Kevin Stewart and Brian Whittle to the committee. I invite Murdo Fraser to declare any relevant interests.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

I will bring in Mr Mochan, as Katie McLachlan and Alisdair MacPherson have already addressed this subject.

09:45  

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

Maggie Chapman mentioned the adviser; there is also a recommendation that there should be a form from a mental health professional that should be signed by an adviser. We are talking about capacity, and the recommendations are quite intense in relation to who needs to support the application.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

Kevin Stewart has a supplementary question.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

Alisdair, it is down to you.

Economy and Fair Work Committee

Interests

Meeting date: 13 September 2023

Claire Baker

Thank you.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

Brian Whittle has a supplementary question.

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

Further to that, what is the current situation? You said that that has been confused by a recent case?

Economy and Fair Work Committee

Bankruptcy and Diligence (Scotland) Bill: Stage 1

Meeting date: 13 September 2023

Claire Baker

Thank you. Katie McLachlan, do you want to comment on the balance between statutory legislation and regulation?