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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 8 January 2026
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Displaying 3006 contributions

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Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 18 December 2025

Stephen Kerr

But they are not held that way, are they? We have data that shows that some of the meetings are pretty regular, in that some of them are held once every four months, but some of them are held once a year and some of them are not held at all.

The advantage of an independent secretariat would be that, in the same way as we get with the EU Council of Ministers, it would create a regularity, an independent setting, an independent agenda and all of the stuff that the Scottish Government does not have. I would have thought that you would be in favour of that.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 18 December 2025

Stephen Kerr

I accept that the structure is not the be all and end all; we are interested in the outcomes. However, I put it to you that, from a Scottish Government point of view, it would be useful if the process had an independent heartbeat rather than it being so ad hoc. I know that ad hocery is the British way of doing things, but that sometimes creates spaces and gaps that cause their own issues.

That is why I have fixated this morning on the need for an independent secretariat that has the shared authority of the UK Government and the devolved Administrations to make everything happen. At the moment, we do not have transparency, we do not have agendas, we do not have minutes, and we do not have communiqués. There needs to be a mechanism that is independent of the Governments that creates that transparency and accountability that does not exist for us as parliamentarians. Do you agree with what I have said?

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 18 December 2025

Stephen Kerr

It is worth reading the evidence that the committee received, cabinet secretary—

Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 18 December 2025

Stephen Kerr

Really?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Stephen Kerr

You introduced the idea of protections for the original owner in case of theft or, indeed, of fraud. Under the bill, how is it expected that the original owners would obtain effective redress?

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Stephen Kerr

No—and I certainly did not. My background, like yours, is certainly not in law. In all honesty, it makes me somewhat uneasy to hear the kinds of things that Fraser Gough has presented to us this morning. The bill is written in the language of legal experts, as it were, but in terms that laypeople—as I will call us—will not readily understand or recognise. That leads to concerns about how people will operate within a law that they do not really understand.

One area of concern relates to acquisition. The bill protects acquirers “in good faith”, but it does not say what “good faith” means. I apologise to the minister, because—with great respect to him—I am almost looking past him, towards Fraser Gough, when I ask my question. The bill does not say what “good faith” means and it does not talk about due diligence at all. Why, in drafting the bill, did you go down that route? I put the question to the minister, but I am sure that he will want to refer it to others.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Stephen Kerr

My point is specifically about “good faith” and what that means, and the issue of due diligence, particularly with regard to incorporeal assets.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Stephen Kerr

Would that not be because we are talking about something that is an intangible? If you were buying an object, such as a house or whatever, you would have it in front of you. As digital assets are intangible, do they not require an additional layer of protection for buyers?

10:15  

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Stephen Kerr

There is no intention that there should be any particular redress mechanisms.

Economy and Fair Work Committee [Draft]

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Stephen Kerr

Is there no intention that the bill would provide protection to the original owner?