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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 9 December 2025
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Displaying 1617 contributions

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Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Would you change any aspect of this part of the bill?

Again, I am seeing no one who wants to come in.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Does anyone have a different view, or are you all agreed on that point?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

It could change tomorrow.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Good afternoon. The bill refers to “control” and uses “exclusive control” as a proxy for possession. We have touched on this already, but, in this context, would we benefit from “control” having a specific legislative definition?

Who wants to answer first? I will pick on the Aberdonians. Professor Yüksel Ripley, could you answer first, please?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Dr Patrick?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

Is the use of rebuttable presumptions a suitable mechanism to deal with real-world situations in which the owner does not have control or the person with control is not the owner?

Who wants to come in? I dinna see anybody jumping in to answer these questions.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

You can wait for that, Dr Patrick.

As nobody wanted to come in on that question, I will move on. Is there a need for Scotland-specific technical guidance for the courts on dealing with issues such as control?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

My line of questioning has changed as I have listened to the conversations this morning, because many of the things that I was going to ask about have already been covered.

We want to have perfect legislation in every regard, but there are issues with and arguments around definitions. There have probably been such issues with every piece of legislation that we have dealt with in the Parliament. Mr Gray, last week, Professor Fox and the deputy president of the Supreme Court went through some of the definitions in the bill in great depth. Are you satisfied that the definitions are right? Do you know what definitions have been used in other jurisdictions? Liechtenstein, Switzerland and Jersey have been mentioned. Are the definitions in those jurisdictions different from the ones in the bill?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

I recognise that the Liechtenstein legislation will impose regulations on businesses there, but that is not the point that I am making. My point is that primary legislation may be too inflexible, so we may have to create a framework such that we can adapt the legislation regularly through regulation-making powers—through secondary legislation. Has that happened elsewhere?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 3 December 2025

Kevin Stewart

I would like us to do it all on our own—but that is for another day.