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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 4 April 2026
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Displaying 1783 contributions

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Economy and Fair Work Committee

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Kevin Stewart

Good morning. That is the first time that I have ever heard a bill described as elegant. At the beginning of the process, if you had asked us to describe the bill, the word “elegant” might not have come to mind first. Also, I have never seen so many professors give testimony on a bill—it has been interesting.

I will keep my questions simple. Once again, we have learned a lot this morning—Stephen Kerr said that at points he has felt like he is facing a conundrum, and I think that we have all felt that to a degree. Basically, you have said that we have the opportunity to ensure that we get the bill right, although, beyond that, we recognise that there is still more to do. There has been talk of specificity, but there has also been talk of uncertainty. To overcome that, it sounds as if we need to continue to monitor and scrutinise the effects of the bill as we move forward.

Gordon MacDonald asked about the advisory board or panel and whether we should rely on the UK Government. As I have sat here listening this morning, I have been wondering whether it is enough to have one advisory board or panel, considering all the areas of business that we are looking at. My simple question is this: is one advisory panel enough? Do we need to do more than that and make every Government portfolio look at the issue and see what is required in its area of business?

Economy and Fair Work Committee

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Kevin Stewart

It has been trying to do so basically since the Parliament was created.

I am interested in your thoughts on whether carbon units should be property.

Economy and Fair Work Committee

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Kevin Stewart

That is really interesting. I will not ask any further questions, because we could probably spend hours on the subject, but it might be worth while for Professor Robbie’s work to be circulated among committee members.

Economy and Fair Work Committee

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Kevin Stewart

Maybe an advisory panel is not the way forward. Professor Schafer talked about individual expertise. Maybe, as I think Greg McLardie has suggested, the oversight needs to be built into Government at various points, with a recognition that a new breed of expert will be required on how we move forward on many of the issues. As a Parliament, we have built in various rules around ministers having to look at issues such as climate change or equalities—the list goes on. Is this one of those areas where we need to build in an overview as we move forward in day-to-day business? Alternatively, would that be too complex?

10:45  

Economy and Fair Work Committee

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Kevin Stewart

Professor Schafer, you made a comment about a tick-box exercise. Sometimes, when we do certain things and tell people that they have to comply, that can become a tick-box exercise, but that is the last thing that we want to see happening here.

Can I be a little bit cheeky, convener?

Economy and Fair Work Committee

Digital Assets (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Kevin Stewart

Professor Robbie, I am interested in what you said about whether carbon units should be property. Can you expand on that? You also said that you tried to get some of that into the Land Reform (Scotland) Bill. If the convener will allow me to ask you to, can you give us an insight into what you were trying to do?

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Kevin Stewart

I have a couple of simple questions. Cabinet secretary, neither you nor the Scottish Government has signed up to the agreement because it is an international agreement and, as you pointed out earlier, we are, unfortunately, not a nation state at this time. Would that be correct?

Net Zero, Energy and Transport Committee

Biodiversity Beyond National Jurisdiction Bill

Meeting date: 9 December 2025

Kevin Stewart

We will deal with it after the meeting, convener.

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

I refer members to my entry in the register of members’ interests. Unison has been mentioned, and I am a member of Unison.

The bill does not provide a defence for an operator of permitted, licensed or consented activities. You will be aware that the committee has heard mixed views on that, with some people considering that consented activities would be unlikely to reach the mens rea standard of “intent of recklessness”. Extremely serious concerns about regulatory certainty have also been raised. Why did you take the decision not to include a permitting defence in the bill, and what is your current position on the issue, having heard all the evidence?

Net Zero, Energy and Transport Committee

Ecocide (Scotland) Bill: Stage 1

Meeting date: 9 December 2025

Kevin Stewart

Equally, there is no defence in the bill that would prevent a consenting body from being held liable for ecocide. You started to go over some of the issues that we have heard about from planning authorities. Those letters came in after I raised issues at the committee on aspects of that matter. Some people did not really think that there was an issue with it. However, the letters from local authorities clearly show that they have concerns about that aspect of the bill. You said that you will work with the Government on amendments, but are there circumstances in which you believe that regulators should be held liable for causing severe environmental harm through authorised acts?