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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 4 May 2021
  6. Current session: 13 May 2021 to 17 September 2025
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Displaying 3511 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

The next petition, PE1973, in the name of Sandy Izatt, calls on the Scottish Parliament to urge the Scottish Government to review the Family Law (Scotland) Act 2006 and provide greater clarity on the division of assets in cases of cohabiting couples who are separating, by removing the use of sheriffs’ discretion rulings in civil cases; providing clear legal guidance to the Law Society of Scotland on the division of assets for cohabiting couples; allowing appeals to be heard when it is determined that a sheriff has the rule of law wrong but has used their discretion to prevent an appeal at no cost to the appellant; and publishing information on what resources have been allocated to provide clear legal guidance.

We last considered the petition on 21 December, when we agreed to write to a number of organisations, including the Scottish Government, the Scottish Law Commission, the Law Society of Scotland and the Family Law Association. We have received submissions from the Scottish Law Commission, the then Minister for Community Safety and the Law Society of Scotland.

The Scottish Law Commission confirmed that judicial discretion was considered as part of its work on reform of the law relating to cohabitation, with its final report and recommended reforms having been published in November 2022.

10:15  

In her response, the minister was unable to commit to a timescale for bringing forward legislation in relation to the commission’s recommendations but said that the Government was considering how to implement a number of commission reports, including the one on cohabitation, during this parliamentary session.

The Law Society’s response indicates that it would not support the removal of discretion in civil cases, noting that

“Every court decision involves an element of discretion, or judgement, on the part of a Sheriff”

and saying that the society is

“broadly supportive”

of the reforms that are proposed by the Scottish Law Commission.

Colleagues, does anyone have any comment or suggestion to make?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

We will seek that information.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 September 2023

Jackson Carlaw

A triumph.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 September 2023

Jackson Carlaw

We will write to the petitioner to offer the opportunity that I mentioned and reflect on some of the points that Mr Golden made about the committee not being absolutely certain about what we would be stopping at this stage.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 September 2023

Jackson Carlaw

The petition will remain open and we will write to the various organisations suggested.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

Yes, it might be risky to be sequential here; let us get it all in there now.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

I thought that you were going to say, “As somebody who uses public toilets”. [Laughter.]

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

I think that Mr Torrance’s conclusion, as supported by Mr Ewing, was that it does not look as though the Government will change its view on the statutory matter.

Citizen Participation and Public Petitions Committee

Interests

Meeting date: 6 September 2023

Jackson Carlaw

That is the most interesting declaration that I have heard in a very long while. Thank you for that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 September 2023

Jackson Carlaw

The first of the continuing petitions is PE1905, which was lodged by Angela Rosina Cousins on behalf of UK XJW’s Support. The petition calls on the Scottish Parliament to urge the Scottish Government to order a public inquiry into the actions that have taken by religious organisations in response to child sex abuse allegations since 1950.

Since our last consideration of the petition, we have written to the Scottish Government, highlighting the recommendations of the independent inquiry into child sexual abuse in England and Wales. As part of that communication, we again called for the Scottish inquiry to have its terms of reference extended or for the Scottish Government to investigate the possibility of establishing an alternative inquiry in order to match the scope of the inquiries that are taking place elsewhere.

We have since received a response from the then Deputy First Minister, John Swinney, restating the Scottish Government’s position that widening the inquiry’s remit is not practicable, as it would make the inquiry “unmanageable in scope”. The response states that it is imperative that resources are dedicated to on-going work to implement the national guidance for child protection.

Do colleagues have any comments or thoughts in the light of the former Deputy First Minister’s latest response?