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 1636 contributions
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Right at the beginning, you hit on something that caused me concern. If someone creates a document that has some sort of version control mechanism that shows whose hands it has passed through, are they inadvertently creating something that will be captured by the bill? I am just checking that we are in the same terrain.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Professor Schafer, for the sake of completeness, have you any thoughts on the things that we might be capturing inadvertently? What safeguards might we need to guard against that?
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I think that Greg McLardie was also hoping to come in.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I would be disappointed if you weren’t.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I love the principle that the law should not enable people to be more stupid than they have to be—we could almost leave the evidence session there. However, I will bring in my colleague, Willie Coffey.
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Great. With that we will end the public part of our meeting. I thank all our witnesses for another very interesting and insightful set of contributions. It has been a hugely helpful session. You have given us a huge amount to go away and think about.
11:02 Meeting continued in private until 11:30.Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
Professor Robbie, “immutability” and “rivalrousness” are novel terms in Scots law, as I understand it. We have heard in evidence that people feel that they are clear enough, but when new words are being used, we, as legislators, have to ask whether they are sufficiently clear. I note that legislation has recently been introduced in Australia that uses terms such as “exclusive control” rather than “rivalrousness”. Are the terms sufficiently clear that they will work when incorporated into law?
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
It is probably fair to say that, given what previous witnesses have said, the point is not necessarily to avoid litigation but to have some sort of hook or purchase should that occur. Is that a fair observation?
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I do not think that the bill is intended to capture PDFs, but I am thinking about PDFs that arise from an electronic system and that contain some sort of record—I am quite sure that people could come up with some clever way of embedding that—and over which there are contested claims. Let us be clear that, as we have heard, the immutability test is not absolutely concrete. At the end of the day, we are just talking about electrons sitting on hard disks, so, rather than it being a hard practical thing that is unalterable in any way, it is a case of notional or theoretical immutability.
Does that mean that the PDFs themselves could become electronic property or digital assets? Is that what you are saying?
Economy and Fair Work Committee
Meeting date: 10 December 2025
Daniel Johnson
I am simply saying that, all of a sudden, it could be argued that a system that has been created out of PDFs, which people might think are a world away from what we are talking about, would meet the criteria that are set out in the bill. Is that the case?