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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 5 May 2021
  6. Current session: 12 May 2021 to 15 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

Thank you very much, minister. I will open up with a question, before passing on to colleagues.

In your opening comments, you mentioned the issue of whether we should have a definition of framework legislation. In effect, you said that you agree with the majority of the evidence that we have heard, including from academics, that a definition would probably be impossible or far too challenging to undertake.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

With that, if a bill were to be introduced that was defined as a framework bill, would that improve the scrutiny and transparency work that the committees and the Parliament undertake on such legislation, or is that a moot point?

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Stuart McMillan

Good morning, everyone.

Amendment 524 will repeal section 13 of the 2007 act, which has the provision that currently allows the SLCC to publish a report of a services complaint in certain circumstances. Amendments 526 and 527 are consequential to amendment 524.

Following my engagement with the SLCC, amendment 533, in my name, will allow the SLCC to confirm or publicise that it is investigating a complaint where it would be in the public interest to do so. That provision will significantly enhance the ability of the SLCC to be open and transparent regarding complaints about legal practitioners.

Amendment 534 will allow the SLCC to take a proactive approach to disclosing information regarding large-scale complaints, such as in relation to the case of McClure Solicitors, which colleagues will be aware of my interest in.

I hope that the ability to provide proactive information and disclose the outcome of complaints will significantly improve the information that can be provided to consumers of legal services and improve public confidence. The amendment will allow for greater information sharing between regulatory bodies, where it would support the exercise of the bodies’ regulatory functions.

In terms of what a regulatory body is, the amendment will allow the regulatory bodies to be listed by the Scottish ministers in regulations. Those regulations would be subject to the affirmative procedure. That power may be used only following consultation with all category 1 and 2 regulators—the commission, the consumer panel, the Lord President, and other regulators. The results of that consultation must be published before regulations are laid in Parliament, and the Lord President must agree to the Scottish ministers’ proposal to make the regulations.

I move amendment 524.

Equalities, Human Rights and Civil Justice Committee [Draft]

Regulation of Legal Services (Scotland) Bill: Stage 2

Meeting date: 28 January 2025

Stuart McMillan

I thank the minister for the work that we have done on the amendments in this group. I am also conscious that the SLCC is supportive of the amendments, which it sees as being hugely beneficial to its work. I saw the SLCC’s frustration at first hand at the public events that I held in Greenock regarding McClure Solicitors.

Marie McNair will later move amendments 526, 527, 533 and 534, because I must return to the meeting of another committee, which I convene.

I urge members to support my amendments and I press amendment 524.

Amendment 524 agreed to.

Section 54, as amended, agreed to.

After section 54

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Scottish Government Consolidated Accounts”

Meeting date: 22 January 2025

Stuart McMillan

On the headroom aspect that Jamie Greene talked about—I do not disagree with him on that—is it prudent for the Government to operate that way in relation to headroom, bearing in mind the huge economic shocks that not just the Scottish economy but the global economy have gone through in recent years? Who knows what shocks will come in the future?

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Scottish Government Consolidated Accounts”

Meeting date: 22 January 2025

Stuart McMillan

What does the value for money assessment process involve?

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Scottish Government Consolidated Accounts”

Meeting date: 22 January 2025

Stuart McMillan

You mentioned the framework and the clear processes that are in place. I am new to the committee, so this question might have been asked at some point in the past. Has that information been presented to the committee in the past?

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Scottish Government Consolidated Accounts”

Meeting date: 22 January 2025

Stuart McMillan

Finally, just for clarity on the economic impact, having talked to local businesses in Port Glasgow, and particularly those that open early in the mornings because of the yard, I know that, if the yard was not there, Port Glasgow town centre would be hugely and adversely affected. Shops would shut, more people would lose their jobs, and the economic impact on the town would be great. I grew up in Port Glasgow. I remember what it was like in the 1980s, and I can assure you that I do not want to go back to that situation. People who live in the town or in the wider Inverclyde area would not want that, either. I cannot stress enough that point about the direct and indirect impacts on the economy of the wider town.

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Scottish Government Consolidated Accounts”

Meeting date: 22 January 2025

Stuart McMillan

We are talking about Ferguson Marine at the moment, but I assume that the counterfactual and value for money assessment would be considered for any other project that the Government is working on with regards to the new assets.

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Scottish Government Consolidated Accounts”

Meeting date: 22 January 2025

Stuart McMillan

The issue of commercial sensitivity has been touched on already—Gregor Irwin highlighted it. The committee is keen to get a bit more clarity on what determines and constitutes commercial sensitivity and how that determination is made.