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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 18 December 2025
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Displaying 2416 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

As there are no further questions, I thank the witnesses for their helpful and insightful evidence. The committee might follow up some issues in writing in due course. That concludes the public part of the meeting.

11:47 Meeting continued in private until 11:52.  

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Yes, thank you. We may be in touch with you with some further questions.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

I will come back to Dr Patrick for a moment. You touched on the Law Society’s submission and used the word “incremental”. Does the Law Society consider that, if the bill in front of us deals only with certain remedies for breach of contract, it could lead to fragmentation and legal uncertainty?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

The bill is quite limited in scope, as we discussed with the previous panel. Your written submissions are quite clear about what you think about that, but it would be useful to get on the public record your thoughts and views with regard to the limits of the bill. Should the bill be broader, or should a different approach taken with regard to wider contract law?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Professor Brown.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Do you have a view on the arguments that Dr Jonathan Brown of the University of Strathclyde made in response to our call for views that the existing common law on contract does not need any reform or that any reform should have a wider ambit, taking into account other aspects of Scots private law?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Professor Bogle.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Agenda item 5 is evidence taking from two panels of witnesses on the Contract (Formation and Remedies) (Scotland) Bill. I welcome the members of our first panel, who are from the Scottish Law Commission: Lady Ann Paton, chair; Professor Hector MacQueen, former lead commissioner; and Rachel Rayner, chief executive.

There is no need to worry about the microphones, which will be dealt with for you. If you would like to respond to a question, please raise your hand. There is no need to answer every question; you can simply indicate if you do not wish to respond. However, after the meeting, please feel free to follow up in writing on any question, if you wish to do so.

I am happy to hand over to Lady Paton to make some opening remarks.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

The committee certainly enjoys doing this type of work. It is a welcome change from the secondary legislation that we usually look at.

I hand over to Roz McCall.

Health, Social Care and Sport Committee [Draft]

Assisted Dying for Terminally Ill Adults (Scotland) Bill: Stage 2

Meeting date: 18 November 2025

Stuart McMillan

Until we had some type of written or formalised constitution, these things would have to be looked at on an issue-by-issue basis. We also have this Parliament, and it would be up to the politicians of the day to agree, or not, that a referendum should, or should not, take place on any issues going forward.

It is common knowledge that some colleagues across the chamber voted for the bill at stage 1 but were quite clear about reserving their right to offer support later in the process, depending on amendments at stages 2 and 3. I genuinely feel that, if a referendum were to take place, that would be a genuine reflection of a citizens assembly.

I have noted the Scottish Government’s consideration of what such a question would be in the documentation on the committee’s web page, but I do not, for one minute, believe that concerns about whether the question would be fair or unfair are realistic. I would make one suggestion, which is this: “Do you support the provisions in the Assisted Dying for Terminally Ill Adults (Scotland) Bill, as passed in the Scottish Parliament on whatever date? Yes or no?” That is not a leading question. Obviously, other suggestions would be available.

As for timescales, if the bill were to pass, that would happen at some point early in 2026, so no referendum could take place before the Scottish elections. I think that having a referendum of any type within the first two and a half years of the next parliamentary session would be a logical timescale, but if it were to happen in the early part of that two-and-a-half-year period, that would be fine, too. I am very relaxed about that, as long as it happened within that period of time.

I am happy to end there, convener.