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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 1 December 2025
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Displaying 1139 contributions

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Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

Colleagues will delve into some of the details in greater depth but, having looked at the definition in the bill and at your report, two questions occur to me. In essence, the definition in the bill requires the asset to be “rivalrous”. I wonder whether potential issues exist there, in relation to the exclusivity that that might or might not confer, because not all digital assets are rivalrous—although some things might have restricted access, they might not necessarily be exclusive or unique.

Likewise, might we inadvertently capture digital objects even if we do not seek to do so? For example, although some objects might confer exclusive or rivalrous control, they are not non-fungible tokens—which I believe is the terminology used for financial exchange—but only a matter of information technology security passcodes and so on. Does an issue exist with regard to the inadvertent capture of other aspects that we are not seeking to capture in the legislation?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

I think so. [Laughter.] I might need to go away and consider that.

Lord Hodge, do you have anything to add?

09:45  

Economy and Fair Work Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Daniel Johnson

Good morning, and welcome to the 33rd meeting in 2025 of the Economy and Fair Work Committee. We have received apologies from Sarah Boyack, Willie Coffey and Stephen Kerr.

We have two matters to consider in our public deliberations this morning. The first is consideration of subordinate legislation. The instrument, which is subject to the negative procedure, amends the financial thresholds for when Scottish procurement regulations apply to the award of contracts. The Scottish ministers update the thresholds every two years to reflect currency fluctuations.

No motion to annul the instrument has been lodged. I invite the committee to note the instrument. Do members agree to do so?

Members indicated agreement.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

We move to the opening session of our stage 1 consideration of the Digital Assets (Scotland) Bill. I am delighted that we have with us Lord Patrick Hodge, deputy president of the Supreme Court of the United Kingdom; and Professor David Fox, professor of common law at the University of Edinburgh. Both were members of the expert reference group on this area that the Scottish Government convened.

Neither witness has asked to make an opening statement, so I will open up the discussion. At the outset, I would like to say that, with the exception of Murdo Fraser, none of the committee members is a lawyer, so please bear with us if the questions that we ask are basic.

Having looked at the bill and read the expert reference group’s report to the Government, I ask both the witnesses whether you are content that the legislation meets the requirements and suggestions that you made in your report. Lord Hodge, I invite you to answer that question first.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

I have a final question. Lord Hodge referred to what we are talking about being analogous to some of the innovations that occurred in the 19th century. I am always fascinated by the way in which patent law develops; in a sense, that is attempting to provide legal constraints and controls for something that is even more ethereal than something electronic, which is ideas.

Is it fundamentally right that, in the bill, we consider the source of things such as electronic systems, by which I mean where they have emerged from? We have spent a long time this morning talking about the nature of the relationship involving the individual and a register. Would an alternative approach consider the rights and responsibilities that flow from the function of registration, rather than the essential source of the things and where they emerged from? With some of the innovations in the 19th century, the focus was more on the conditions in which the things operated, rather than the thing itself. I hope that that question is clear.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

I assumed that that was the answer, but I thought I would ask the explicit question, just to be clear. With that, I hand over to my colleague Lorna Slater.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

Yes. Like with the point about AI, there are a number of other questions to be asked. For the purposes of this morning, your answer to that particular question and your answers overall have been very useful and illuminating.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

Of course.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

Please do.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Daniel Johnson

Thank you.

Michelle Thomson, the deputy convener, has a brief supplementary.