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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 3 December 2025
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Displaying 3813 contributions

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Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 8 February 2023

Jackson Carlaw

I note that the Scottish Government says in its response that if a couple who are married or cohabiting own a home together both must agree to its sale, otherwise the party who wants to sell the property will need to raise a court action seeking an order for division and sale. Under section 19 of the 1981 act, where a spouse has raised an action of division and sale involving the matrimonial home, the court may refuse to grant the decree or postpone doing so for a period that it considers to be reasonable, or it may grant the degree subject to conditions. You are a lawyer, Mr Ewing. Are you able to add any nuance to all this?

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 8 February 2023

Jackson Carlaw

Yes—it would be interesting to have that information.

That brings us to the end of the public part of our proceedings. We will meet next on 22 February.

11:28 Meeting continued in private until 11:33.  

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

Yes. Are the photographs in hard copy or digital?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

Fergus Ewing, do you have any questions that you want to ask?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

Paul O’Kane, would you like to comment on what we have heard this morning?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

Thank you very much. I will now suspend the meeting.

10:09 Meeting suspended.  

10:13 On resuming—  

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

That does not explain to me how stones and lairs were maintained historically. What has changed? Have family lines simply run out, or are people now much more transient and have moved away, so there is nobody left to accept responsibility for such things? Is it that families have inherited the responsibility for maintenance of headstones, which is now quite a costly exercise? I understand that there was a fatality, but was that the first time that that had happened? Had headstones not been toppling over before that, or was it that there was a fatality that brought it forward as something that is of considerable public concern, which led the Government to introduce regulations?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

What should be the main consideration for a local authority in considering whether memorials are safe? What should be the criteria based on which they set that standard?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

So, it is not done by exception; a cemetery would be assessed by somebody who goes around and identifies issues. In some cases, it seems that a blanket approach has been taken and they have just knocked all the headstones flat. However, it should be that the council establishes, on a bespoke basis, what is necessary on a particular plot.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 February 2023

Jackson Carlaw

The submissions that we have had have all been about how that might happen but, now that it has happened, we might want to know, from all those who have an active part in the resolution of the matter, about the timescale and likely progress of the application. Do members agree to that approach?

Members indicated agreement.