The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1783 contributions
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
Dr Patrick?
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
Is the use of rebuttable presumptions a suitable mechanism to deal with real-world situations in which the owner does not have control or the person with control is not the owner?
Who wants to come in? I dinna see anybody jumping in to answer these questions.
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
You can wait for that, Dr Patrick.
As nobody wanted to come in on that question, I will move on. Is there a need for Scotland-specific technical guidance for the courts on dealing with issues such as control?
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
My line of questioning has changed as I have listened to the conversations this morning, because many of the things that I was going to ask about have already been covered.
We want to have perfect legislation in every regard, but there are issues with and arguments around definitions. There have probably been such issues with every piece of legislation that we have dealt with in the Parliament. Mr Gray, last week, Professor Fox and the deputy president of the Supreme Court went through some of the definitions in the bill in great depth. Are you satisfied that the definitions are right? Do you know what definitions have been used in other jurisdictions? Liechtenstein, Switzerland and Jersey have been mentioned. Are the definitions in those jurisdictions different from the ones in the bill?
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
I recognise that the Liechtenstein legislation will impose regulations on businesses there, but that is not the point that I am making. My point is that primary legislation may be too inflexible, so we may have to create a framework such that we can adapt the legislation regularly through regulation-making powers—through secondary legislation. Has that happened elsewhere?
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
I would like us to do it all on our own—but that is for another day.
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
Professor MacPherson, could you answer next?
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
Well, the sign in front of you says, “Professor MacPherson”, so I would take that as a given.
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
Grand. Mr Tariq?
Economy and Fair Work Committee [Draft]
Meeting date: 3 December 2025
Kevin Stewart
Please do, Dr Patrick. Thank you.