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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 7 February 2026
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Displaying 529 contributions

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Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

Obviously, I, too, am concerned about pawnbroking. I have seen in my own constituency work the situations that arise from it. However, we have heard from others—it is not necessarily their view, but it is an argument that is put forward, and I think that Mike Dailly also touched on it—that it is perhaps preferable to some other finance agreements that are available to people. From the Parliament’s point of view, I guess that the issue is how we might find a balance.

At the moment, people who use pawnbroking have to hand over the item. We heard that one of the potential benefits of the proposal is that they would not have to hand over their possession. To use Mike Dailly’s car example, someone could continue to drive their car or, in other instances, they could continue to use high-value items and would not have to give them to someone else. Would that be of benefit? My own view is that it would be quite hard to ask people to borrow against something that they could not live without.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

Thank you. I have a new line of questioning, convener.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

Yes—it relates to section 13(1).

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

Is it important, however, for people to know to whom, ultimately, they owe money, or is that just how business is done and it does not matter?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

Right, so you think that there are situations in which it is not important or not relevant?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 4 October 2022

Oliver Mundell

I do not want to interrupt you, but that already happens with pawnbroking; it is just that people have to give the asset away and they are not able to use it. Do you think that that is better?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Oliver Mundell

Following on from that, I guess that, if someone is in possession of something, the risk is lower. At the lower end of the market, there is potentially an advantage, where people have credit issues and other things, to the individual or small business being able to hand the item over, in terms of the cost—

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Oliver Mundell

I will come back to that question later. I am just interested in how the register might work in practice, particularly at the lower end. You said that the approach could be cheaper and more efficient and that finance could be accessed immediately, but how do you envisage that it would work in practice? The process of registering a house or other legal documents in Scotland could end up being quite clunky and costly.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Oliver Mundell

Could the bill state that ordinary household goods or essential household goods are excluded from the bill’s provisions? Is there a negative aspect to doing that?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 1

Meeting date: 27 September 2022

Oliver Mundell

Let me push you a little, as you are the experts who came up with the proposed changes that you say are needed. At what level should they kick in? Without a figure or type of property in mind, it is difficult to get one’s head round the issue. This has come up in relation to consumers: is the figure designed to cover household goods?