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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 15 March 2026
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Displaying 1659 contributions

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Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Daniel Johnson

Was there a particular reason why it was more appropriate to use the terms in the bill, as opposed to language similar to that used in the Australian bill? Was there a specific reason why Scots law needed those discrete terms rather than a broader description of what rivalrousness or exclusive control might look like?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Daniel Johnson

Great. I have a final question. We have heard that law reform is urgently needed in other areas of Scots law, such as private international law and debt enforcement, to accommodate digital assets. That stands to reason. We might be talking about two people who are resident in Scotland exchanging an asset or being in dispute, but they are just as likely to be in different jurisdictions.

Private international law in and of itself might be at the frontiers of what we need to establish, but could the minister outline what the Government is thinking about how that work might be taken forward and what consideration is being given to it?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

I think that Greg McLardie was also hoping to come in.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

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 [Draft]

Digital Assets (Scotland) Bill: Stage 1

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 [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

I would be disappointed if you weren’t.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Daniel Johnson

I will bring in Mr McLardie in a moment, because I know that he is keen to come in.

The bill creates such things but says nothing about how and when they might be exchanged. Whether we like it or not, the ownership and exchange of such things look quite different from the ownership and exchange of regular property. We are bringing them into property law, but we are not setting out how they might be handled, used or exchanged, despite the fact that they are different. We are inadvertently bringing things into property law and then saying nothing about how they should be handled. Is that a fair summary?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

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 [Draft]

Digital Assets (Scotland) Bill: Stage 1

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 [Draft]

Digital Assets (Scotland) Bill: Stage 1

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?