Seòmar agus comataidhean

Under item 6, the committee will take further evidence on the Leases (Automatic Continuation etc) (Scotland) Bill. Before we begin taking evidence on the bill, I put on the record that all members of the committee rent office premises in our capacity as members of the Scottish Parliament. Although that does not represent a declarable interest under the bill, we wanted to put it on the record, given that the subject matter of the bill concerns commercial leases.

I welcome Dr Jonathan Brown, who is a lecturer in private law at the University of Strathclyde, and Dr Mitchell Skilling, who is a teaching fellow at the University of Aberdeen. Welcome to you both. Before we start, I remind you not to worry about turning on the microphones, because that will be done for you. If you want to come in on a question, please raise your hand or indicate to the clerks. There is also no need to answer every question if you do not want to deal with something. After the meeting, if there is something that you did not say and you feel that you would like to put it on the record, please feel free to do so in writing.

We will move to questions. Do you think that the law on tacit relocation needs reforming? If so, what are the main problems?

Have you looked at any case studies of what has taken place in Inverclyde? Usually, when I come to the committee, I have something to complain about, but I just want to highlight the excellent practice that has taken place in the Scottish Water flood prevention scheme along the A8. Given the amount of joint and partnership working that Scottish Water had to undertake with the local authority, Transport Scotland, Amey and others, that is probably a good model to look at and potentially to replicate across the country.

Thank you. That is very helpful. With regard to the finances and the lessons learned, I am not sure whether this work is already due to take place as part of the forensic analysis—I hasten to add that I am not making any accusations; I am just referring to where money has been spent—but it would probably be worth looking at the contracts that were signed with external contractors. Quite a range of external contractors have been involved in the building of the Glen Sannox and the Glen Rosa. Given that the Glen Rosa is still being worked on, whereas the Glen Sannox clearly is not, if you were to look at that aspect with regard to the Glen Sannox in the first instance, that would probably help in relation to the lessons learned if such a piece of work is later undertaken in relation to the Glen Rosa.

One element that has come up in the short time since I have been back on this committee is the issue of people coming and going within those bodies. I understand that there are a wide range of factors as to why someone leaves a particular role and moves on to a different role. It is also very common within the civil service for staff to be shuffled around. However, in relation to sponsorship arrangements and the folk who work purely in that sphere, I would be keen to explore whether there could be some mechanism whereby, if staff have built up an expertise and are considered to be high performers in that area, the normal rules would not apply and they would see out a particular project instead of moving on to something else. Personal circumstances will obviously dictate that as well, but we would want folk who are doing a very good job to remain in that role and see a project through.

You are also looking at the sponsorship arrangements with the Scottish Government. The committee is keen to get a bit more information about that range of activity, too.

In Scotland, the process is about best value, not what is cheapest. I do not imagine that you have somebody who has worked in shipbuilding working in Audit Scotland—you will know the answer to that; I do not—but I genuinely think that, with regard to the best-value approach, you will be looking at contracts not solely in terms of the numbers but with regard to the number of staff contractors who have been brought in and who have been let go, as well as the range of salaries that were on offer. We all recognise the additional costs that have been borne by the taxpayer—for the building of the Glen Sannox, certainly, but now also for the Glen Rosa. The lessons learned element is hugely important in that regard, and looking at the external contractors would be a good starting point and worth while.

You spoke about the variables that we are all working with at the moment, and you touched on the global factors. I am keen to have a better understanding of the picture. I know that your audits are based on the past but that you also look ahead, so what forecasting activity will you undertake with regard to service delivery in the light of the global factors and economic shocks that are impacting the Scottish and UK economies?

I have one particular example in mind. When the US President made his recent announcement, financial markets took a hit for a number of days. They came back a wee bit, but anyone who retired at that point would have seen their pension funds take a hit, which will have affected them, and some of those individuals will then be required to utilise more public services and to do so sooner than they would have planned.

Everyone will be very much aware of the work that Audit Scotland has undertaken with regard to the Glen Sannox and the Glen Rosa. You are also planning to produce a performance report in February next year. Can you provide further information with regard to the specifics that you will be looking at in that future work?

Before I bring in Rona Mackay, I have a question on the comment that you made a moment ago about the rigid rules offering no flexibility, in contrast to common law, which does have flexibility. The purpose of this type of legislation, and other bills that the committee has looked at, is to update the law and to try to respond to the change that has taken place in society compared to when the legislation was first put in place, in order to help the economy. From what is in the bill and the engagement that you have had through your work as a commissioner, will the new rules assist businesses to ensure that they can become more competitive and help Scotland’s economy?

That is true. Thank you very much.