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Seòmar agus comataidhean

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 13 December 2025
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Displaying 1455 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Jeremy Balfour

Thank you. As you point out, that is probably outwith the scope of the bill, but your comments have been noted and others can consider them.

David Woods, you are the legal expert. Are you happy that parties can contract out of the provisions of the bill?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Jeremy Balfour

As David Woods mentioned, the bill is limited to reforming certain aspects of the law of contract and providing certain remedies for breach of contract. Do you think that the bill should be broader, or does it do enough?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 25 November 2025

Jeremy Balfour

Good morning, and thank you all for coming this morning. I will move us on slightly, and I will start with you, Colin Borland. What are your views on parties being able to contract out of the provisions of the bill? You mentioned that point in your written submission.

Social Justice and Social Security Committee [Draft]

Wellbeing and Sustainable Development (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Jeremy Balfour

Good morning, Sarah. In your opening remarks you mentioned issues around public bodies, and we have heard quite a lot of evidence on that. Your bill includes references to public bodies promoting wellbeing and sustainable development. Should the bill require “delivery” rather than “promotion”?

Social Justice and Social Security Committee [Draft]

Wellbeing and Sustainable Development (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Jeremy Balfour

We have received evidence that obligations on sustainable development

“must be fulfilled before and at the time when a particular policy is being considered or decision taken.”

How will the legislation ensure that, in practice, obligations will be met at the point of delivery?

Social Justice and Social Security Committee [Draft]

Wellbeing and Sustainable Development (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Jeremy Balfour

I have a brief question. Did you think of using regulations, which obviously have greater legal standing, rather than guidance, or did guidance seem the best way to do it?

Social Justice and Social Security Committee [Draft]

Wellbeing and Sustainable Development (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Jeremy Balfour

Again, my questions are nerdy but important, so I will go further. The bill also includes the phrase “have regard to” in respect of guidance that is to be produced by the future generations commissioner.

Caroline Mair may give the same answer, but could that wording be strengthened, or is the terminology understood by the public bodies and by courts?

Social Justice and Social Security Committee [Draft]

Wellbeing and Sustainable Development (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Jeremy Balfour

That is helpful.

As you said, Sarah, there has been quite a lot of discussion around terminology and words. The bill, as you have drafted it, refers to the need for public bodies to

“have due regard for the need to promote wellbeing and sustainable development.”

We have heard in evidence that that could be strengthened. Do you agree that it needs to be strengthened? If so, how would you envisage that being done through an amendment at stage 2 or stage 3?

Social Justice and Social Security Committee [Draft]

Wellbeing and Sustainable Development (Scotland) Bill: Stage 1

Meeting date: 20 November 2025

Jeremy Balfour

I suppose that my concern is this. Let us say that it is a Friday afternoon and somebody is sitting in an office, and they say, “Oh—we’ve got to do this”. It is a tick-box exercise, and they just tick a box to say, “Yes, we’ve looked at it.” Given that, as you say, guidance is not legally enforceable, the bill may not actually bring about any change. How do we avoid that and give the duty more teeth?

Education, Children and Young People Committee [Draft]

Schools (Residential Outdoor Education) (Scotland) Bill: Stage 2

Meeting date: 19 November 2025

Jeremy Balfour

I confess that I did not fully understand the first point that the minister made on amendment 26. The centres would not be looking at children’s needs in particular; they would be undertaking a full review in relation to the issue. I also think that we have to recognise that the equipment that I mentioned earlier does not come cheaply, and a major financial investment will be required if it is to be provided. It is unrealistic to expect some of the smaller education facilities to be able to make that investment quickly. That is why I think that it would be helpful to have an overall review and then see where funding will be required.