►
Description
www.parliament.scot
_
The Committee will meet at 10:00 am in the Adam Smith Room (CR5)
1. Decision on taking business in private: The Committee will decide whether to take items 5, 6, 7, 8 and 9 in private.
2. Prescription (Scotland) Bill: The Committee will consider the Bill at Stage 2.
3. Instruments subject to affirmative procedure: The Committee will consider the following—
Common Financial Tool (Scotland) Regulations 2018 [draft].
4. Instruments subject to negative procedure: The Committee will consider the following—
Special Restrictions on Adoptions from Ethiopia (Scotland) Order 2018 (SSI 2018/272).
5. Children (Equal Protection from Assault) (Scotland) Bill: The Committee will consider its approach to the delegated powers provisions in this Bill at Stage 1.
6. Health and Care (Staffing) (Scotland) Bill: The Committee will consider the contents of a report to the Health and Sport Committee.
7. Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill: The Committee will consider the contents of a report to the Justice Committee.
8. Trade Bill (UK Parliament legislation): The Committee will consider the contents of a report to the Finance and Constitution Committee.
9. Offensive Weapons Bill (UK Parliament legislation): The Committee will consider the powers to make subordinate legislation conferred on Scottish Ministers in the Offensive Weapons Bill (UK Parliament legislation).
Proposed future business
The Committee will meet again on Tuesday 2 October. For further information, contact the Clerk to the Committee at dplr.committee@parliament.scot or on 0131 348 5212.
_
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A
Welcome
everyone
to
the
28th
meeting
in
2018
of
the
delegated
powers
and
Law
Reform,
Committee
of
apologies
from
Neil
Findlay
and
Harrison
Harris,
who
can't
attend
today
so
kind
of
welcome
in
their
place,
Neil
Billy
and
bill
Bowman.
Before
we
move
to
the
main
item
of
business,
we've
just
got
to
decide
on
taking
business
in
private,
and
it's
proposed
that
we
take
items
5,
6,
7,
8
and
9
in
private.
These
are
consideration
of
delegated
powers,
provisions
in
bills
and
in
legislative
consent,
memorandums
relating
to
UK
bills.
B
A
A
C
Thank
You
Kimmy
remove
a
moment
see
in
my
name
and
a
moment
three
and
four
lodged
with
the
support
of
Citizens
Advice
gone,
seek
to
register
the
prescription
paid
for
observed
and
DWP
benefits
the
five
years
that
will
bring
the
period
until
aligned
with
the
five-year
prescription
Pete
for
the
Scottish
Social
Security
system.
I
move
this
Parliament
back
earlier
this
year
to
deliver
greater
dignity
and
respect
and
the
Scottish
social
system
yeah.
My
colleague,
Neil
family
has
similarly
Lords
amendments
to
reduce
prescription
paid
for
council
tax
debts
and
communities.
C
No
silver
bullet,
but
I
feel
that
they
do
go
some
way
to
make
sure
this
Parliament
is
used
as
powers
to
bring
fairness
and
tear
laying
with
the
principles
the
Law
Commission
CEO.
Regarding
the
five-year
rule
fundamentally,
I
want
to
reuse
concerns
about
that.
We
and
the
DWP
believe
at
least
at
that
normally
way
to
manage
its
recovery
and
simply
why
it
does
not
have
its
house
in
order,
and
the
issue
was
debated
at
length
as
you'll
note
stage.
C
One
consideration
with
very
clear
contributions
from
Mike
Delian
made
calm
yard
that
these
P
DS
should
be,
and
must
be
with
just
the
five
years
and
indeed
evidence
they
pitted
the
committee.
This
is
a
simple
matter
of
fairness
that
why
should
a
claimant
only
have
just
one
month
to
challenge
a
Twp
decision
but
be
liable
for
court
action
for
20
years,
and
some
of
the
points
that
the
DWP
of
raised
in
need
evidence
I,
think
also
have
to
be
challenged.
Yes,
so
today,
I
want
to
add
some
more
detailed.
C
They
appear
to
and
fear
that
the
consequence
of
the
five
year
prescription
period
as
a
recovery
of
multiple
dates
within
a
shorter
wentto
would
directly
affect
claimants,
who
would
be
subject
to
more
aggressive
recovery
procedures,
but
I
want
the
first
point.
These
amendments
and
the
Belle
relate
to
recovery.
Typically,
through
the
courts,
an
option
is
costly,
lengthy
and
infrequently
used.
The
DWP
does
have
other
ways
to
recover.
C
It
states
here
direct
deductions
from
benefits
or
if
a
person
returns
to
work
for
something
that's
the
pension,
as
well
as
a
bank
and
direct
the
islands
attachments,
and
these
are
pairs
that
have
no
time
one
affected
by
this,
so
they
make
the
asymmetry
act
and
ultimately
reserved
so
again.
These
amendments
are
not
a
silver
bullet,
but
as
an
improvement
within
the
scope
of
this
bill
and
within
the
scope
of
our
powers
of
a
sudden,
the
Parliament
and
I'm
sure
the
committee
is
already
aware,
but
other
under
current
DWP
rules.
C
Recovery
processes
are
not
as
virtuous
as
the
DWP
evidence
suggests
them
under
Universal
Credit,
like
the
recovery
rate,
can
be
as
much
as
40
percent,
and
we
know
that,
because
advances
have
had
to
be
requested,
20,000
and
my
region
cents
for
service
rule
that
many
are
suffering
from
such
an
excessive
recovery
rate.
Secondly,
by
its
nature,
you
see
rules
together.
Multiple
benefits
enter
one
payment
so
that,
when
deductions
are
made,
the
you
see
multiple
benefits
recover
at
once
and
yeah
well.
I
would
agree
with
it.
C
The
WP
evidence
that
distinction
for
legacy
benefits
as
as
clear,
what's
in
all
and
what
benefits
will
be
rolled
together.
So
recovery
will
be
rolled
together
as
soon
as
universal
clear
that
as
Philly
a
ruled
out.
So
I
disagree
with
that
argument
that
it
makes
it
harder
to
recover
in
multiple
dates
from
multiple
sources
of
benefits
when
eventually
there
will
always
rule
them
to
one
and
mark
in
benefit.
Finally,
commuter
on
the
DWP
claims
that
the
shorter,
when
window
would
require
excessive
recover
recovery
appears
to
be
one
based
on
mass
understanding.
C
We
know
that
the
DWP
would
prefer
recovery
through
its
reserved
powers,
not
through
costly
court.
The
key
or
document
of
their,
however,
effort
that
the
exercise
that's
right
under
the
proposed
amendment,
it
would
take
if
they
would
have
five
years
to
take
action
and
I'm
advised
by
make
home
yard
that,
should
this
secure
a
repayment
on
record
through
the
reserve
powers
that
they
will
have
unchanged
by
any
of
the
mimics
here,
that
that
five
year
clock
would
restart
every
single
payment.
C
We
received
that
five
year
clock
with
Ricci
every
time
they
sent
a
letter
or
started
enforcement
action
that
five
year
clock
would
reset.
So
it's
not
a
heart
in
five
year
limit
on
the
time
they
have
to
recover,
that
there
is
a
five-year
limit
for
them
to
take
action,
to
start
the
process
or
to
take
a
single
payment
and
hope.
C
That
I
think
is
far
more
reasonable
than
20
years
and,
crucially,
that's
in
line
with
the
possession
of
this
Parliament
in
relation
to
her
own
Social,
Security
Act.
They
would
not
prevent
it
either.
Vp
is
using
its
reserve
powers
to
make
deductions
from
reserve
benefits
because
the
power
to
do
that
lies
and
reserved
law.
The
DWP
is
right
to
pursue
the
debt
through
other
several
mechanisms
through
an
emmalin's
attachments
or
today,
deductions
are
preserved.
C
Finally,
before
a
finished,
convener
I
want
to
make
clear
that
these
amendments
did
not
propose
to
remove
child
support
or
maintenance
debt
from
the
20-year
rule,
and
these
are
not
Social
Security
paid
by
the
state.
Although
the
DWP
does
administer
it,
the
maintenance
is
recovered
by
the
other
IP
from
the
absent
or
non-resident
Piron
and
has
provided
to
the
peon,
both
Kiara
and
I
think
retaining
the
power
to
recover
that
vital
support
and
tell
that
the
child
is
another
is
something
we
should
all
seek
there.
C
We
do,
though,
have
a
chance
to
use
scottish
pairs
of
prescription
not
to
impede
the
DWP's
work
to
protect
the
public
purse,
nor
to
make
a
constitutional
point,
but
instead
to
deliver
greater
technically
and
respect
in
a
communal,
I
hope.
A
committee
will
support
these
amendments
today
in
a
move.
Amendment
three
and
ask
committee
members
to
also
support
amendment
for
my
name.
Thank
you.
Thank.
D
Thank
your
convener
and
good
morning.
Mr.
definitely
welcome
to
the
committee
justic
to
clarify
one
or
two
points.
So
if
you
can
I
just
ask
you
made
reference
to
support
from
certain
citizens,
interface
Scotland
can
ask
for
direct
engagement.
You
have
had
with
the
DWP
and
composing
these
amendments.
C
D
And
you
would
also
recognize
that
this
Parliament
has
no
jurisdiction
over
the
DWP
well
and
may
be
desirable
for
many
members
and
here
for
the
DWP
to
get
his
house
in
order.
As
you
described
it,
we
have
no
means
of
making
that
reality
as
that's
functions
of
the
DWP
are
reserved
to
Westminster.
Well,.
D
C
C
The
DWP
could
leave
their
uncollected
through
the
support
until
four
years
and
eleven
months
start
again
and
have
another
five-year
rollover
period
start
again
at
four
years
11
months
and
do
that
in
four
times
up
until
the
point
where
the
hard
one
out
of
20
years
is
May,
so
anything
they
took
a
payment
anything.
We
sent
a
letter
to
someone
who
was,
and
in
any
day
at
the
deed
of
DWP,
that
that's
five
year
limit.
Would
we
say
and
start
again
you've.
D
C
There
are
so
few
debts
pursued
in
this
way
through
legal
action
that
the
vast
vast,
vast
majority
of
deaths
are
pursued
in
through
reducing
the
benefits.
People
currently
receive
our
aliens
deduction.
That
I
can't
see
this
being
having
a
massive
impact
and
I
need.
Furcal
explain
this
just
from
the
DWP
besetting.
D
C
D
A
D
I
just
think
why
not
do
frank,
mr.
Griffin,
for
taking
these
questions
I
said
I,
certainly
sympathize
with
what
a
whip,
what
as
I
think
a
well-intentioned
amendment.
However,
my
concerns
are
the
unintended
consequences
that
could
lead
from
this,
such
as
the
dwb
of
highlighted
and
their
memorandum
to
the
committee
earlier
this
year.
I
never
conclude
by
saying
this
is
a
fairly
short
piece
of
legislation
with
a
clear
purpose,
which
is
to
clarify
the
law
of
prescription
and
I.
A
B
You
convener
and
I
just
like
to
begin
by
addressing
amendment
three
and
if
it's
smart
groupings
intention
to
remove
the
exceptions
for
obligations
to
repay
reserve
benefit
overpayments
from
section
three
of
the
bill,
then
I
would
point
out
that
amendment
three
is
unnecessary.
A
man
went
for
will
achieve
this
effect
because
the
exception
would
be
removed
from
the
bill
and
the
obligations
would
therefore
fall
to
be
caught
by
the
new
general
rule.
Reserve
benefit.
B
Overpayments
do
not
explicitly
need
to
be
listed
in
paragraph
one
of
ships
that
schedule
one
of
the
1973
act
as
amendment
three
would
do.
Turning
to
the
intent
of
mark
Griffin's
amendments,
section
three
of
the
bill
provides
that
all
statutory
obligations
to
make
payments
will
prescribe
after
five
years
with
a
few
exceptions
and
one
of
those
exceptions
are
obligations
to
repay
overpayments
of
certain
reserved
benefits,
including
Social
Security
and
Tax
Credit
overpayments.
This
exception
preserves
the
status
quo
for
these
reserved
benefits
in
their
response
to
the
Scottish
Law
Commission
consultation.
B
The
DWP
made
the
point
that
recovery
of
Social
Security
overpayments
often
takes
place
over
long
periods
of
time,
and
they
would
be
concerned
were
the
five-year
prescription
period
to
apply
rather
than
a
20-year
prescription
period,
and
this
point
was
also
made
to
the
committee
at
stage.
One.
The
DWP's
view
is
that
having
a
20-year
prescription
period
for
recovery
of
reserved
benefit,
overpayments
allows
them
to
protect
the
most
disadvantaged
in
our
society
from
harsh
recovery
methods.
C
B
Like
to
finish
my
statement
and
I
will,
at
the
end
as
an
indication
of
the
scale,
DWP
have
over
the
last
few
years,
recovered
an
average
of
around
120
million
per
annum
from
debts.
There
are
over
five
years
old
in
their
evidence
to
the
committee.
The
DWP
have
been
clear
that
making
recovery
of
reserved
benefit
overpayments
subject
to
the
five-year
prescription
would
impose
greater
hardship
on
the
most
vulnerable
members
of
our
society.
They
have
informed
the
committee
that
they
have
a
public
duty
to
protect
public
funds
and
to
collect
arrears.
B
It
seems
clear
that
changing
the
prescription
period
by
reducing
it
would
result
in
the
DWP
taking
more
money
more
quickly
from
those
who
would
least
likely
to
be
able
to
afford
it.
Any
move
to
a
five-year
prescription
period
would
impact
their
ability
to
recover
debts
where
recovery
rates
have
been
reduced
on
account
of
hardship
or
where
the
customer
has
a
number
of
debts
and
recovery
of
later
debts
is
on
hold,
whilst
the
earlier
debt
is
recovered.
B
Ultimately,
there
DWP's
policy
in
respect
of
reserved
Social
Security
payments
is
a
matter
for
them,
and
this
bill
is
about
prescription.
Generally,
it's
not
the
place
to
make
any
substantial
policy
changes
in
other
specific
areas
and
for
these
reasons,
I
would
urge
mark
Griffin
not
to
press
his
amendments.
A
C
Thanks
to
me
thanks,
minister
particulate
intervention
and
the
esteem,
it
was
simply
passive
repeatedly
talked
about
the
DWP's
view
as
to
why
five-year
prescription
was
not
appropriate
and
then
fact
that
that
could
or
claimants
in
there.
But
what
does
the
Scottish
Government's
view?
Why
do
the
Scottish
government
feel
that
it's
appropriate
to
have
five-year
prescription
for
Scottish,
Social,
Security
debts
and
then,
on
the
other
hand,
agree
with
the
DWP
that
five-year
prescription
is
not
appropriate.
B
Well,
the
scottish
government's
position
is
that
we've
accepted
the
view
of
the
Scottish
Law
Commission
on
this
matter,
that
we
believe
that
this
is
a
matter
for
the
DWP.
It's
a
matter
for
them
and
they're
more
widely.
This
bill
is
a
bill
about
prescription
to
improve
improved
clarity.
So
it's
not
the
place
for
this
type
of
change.
I
guess
that
would
be
more
far-reaching.
I
have
much
sympathy
with
the
members
intention
behind
the
amendments,
but
I
don't
think
at
this
stage.
B
It
would
be
something
that
is
appropriate
to
you
know
change
things
in
this
way
without
appropriate
consultation,
because
this
would
be
quite
far-reaching
and
with
regard
to
the
Scottish
Social
Security.
Obviously
that
is
the
benefit
of
devolution
that
we
can.
You
know,
Scottish
Ministers
can
decide
to
make
changes
or
to
make
our
system
that
is
completely
different
to
the
one
in
the
UK
and
one
that
fits
the
Scottish
context
and
that's
why
the
two
things
are
different.
A
Members
happy
with
that.
Okay,
thank
you.
Mr.
Griffin
will
then
move
on
to
the
next
one,
which
is
five-year
prescription
exception
for
council
tax
and
I'll
call
an
n95
which
is
in
the
name
of
Neil
Findlay,
grouped
with
amendment
six
and
seven
I
believe
Neil
Bibby's
poised
to
move
amendment
five
and
speak
to
all
amendments
in
the
group.
Thank.
E
You,
convener
and
I
will
move
amendment
five
Mississippi
to
amendment
six
and
seven
and
the
group
as
well,
and
it's
important
to
see
if
first
of
all
was
not
new
friendly
or
my
intention
to
reduce
the
amount
of
money
that
councils
have
access
to.
We
would
continue
to
argue
for
sustainable
and
meaningful
solutions
to
the
chronic
underfunding
of
Scotland's
local
authorities,
although
I've
not
had
the
evidence
directly.
E
The
evidence
that
I've
seen
from
removing
the
exemption
of
council
tax
from
the
five-year
prescription
knew
as
compelling
and
the
removal
exemption
has
been
supported
by
many
stakeholders
and
all
committee
members
will
be
aware
of
that.
There
are
a
number
of
reasons
that
the
Law
Society
I've,
given
for
why
the
current
exemption
and
the
bill
was
problematic,
non-payment
accounts
were
taxed
at
raise
that
tax
a
high
penalty
charge
on
six
percent.
E
E
This
is
further
compounded
by
the
joint
liability
for
council
tax,
which
means
that
a
person
could
have
paid
their
share
of
council
tax
but
face
a
claim
for
payment
again
with
significant
interest,
because
a
joint
tenant
has
not
paid
his
or
hers,
it
could
prove
prejudicial
to
the
interest
of
justice
than
cost
such
high
penalties.
Many
years
later,
if
no
steps
to
collect
the
tax
or
enforce
an
order
have
been
taken
in
the
interim.
E
In
many
cases
that
may
be
expected
that
uncollected
sums
are
quite
small
and
if
the
council
is
not
sought
and
forced
within
five
years,
there
may
be
little
practical
appetite
to
pursue
them.
Many
years
later,
this
committee
may
call
me
odd
citizens
of
a
Scotland
doctor
told
the
committee
that
the
possession
was
unfair,
citing
problems
with
obtaining
sufficient
and
adequate
evidence
from
both
the
data
and
the
local
authority
collection
systems.
E
The
clients
cannot
understand
how
the
council
apparently
goes
from
inaction
to
drastic
action
that
will
have
an
impact
on
any
property
that
they
own
a
five-year
prescriptive
period
with
four
so
clear
that
was
actively
to
try
and
enforce
their
there,
which
would
perhaps
pull
off
the
need
for
things
such
as
sack
recession
by
councils.
There
is
a
way
the
point
to
be
made
about
the
cost
of
living
and
the
affordability
of
council
tax
debt.
Charity
step
changes.
E
Recent
report
Scotland
in
the
red
2017
increasingly,
clients
are
in
debt
because
they
are
falling
behind
on
essential
bills.
In
particular,
council
tax
is
a
growing
problem
among
those
who
contact
the
step
change
in
Scotland
41%
when
in
council
tax
arrears
up
from
37%
in
2013
the
amount
of
council
tax
areas
Road
also
increased
drastically
by
45%
from
1368.
E
In
two
hundred
2013
3
1981
in
2017
making
council
tax
areas
are
much
larger
proportion
of
average
debt
and,
as
members
will
know,
my
party
is
called
in
the
Scottish
Government
to
scrap
and
replace
the
council
tax
as
promised
to
do
in
2007
and
tell
them.
We
need
obviously
in
a
way
that
debate
about
the
meaningful
reform
of
local
government
and
tax
raising
powers
and
I
moved
their
move.
Amendment
5
and
I
will
seek
to
answer
any
questions.
Members
have
been
closing
like.
D
Yes,
thank
you
convener,
good
morning
to
mr.
babe.
It
was
just
a
few
points
off
back
off
when
I'm,
not
in
specific
questions,
but
just
submitted
I
want
to
highlight
a
mr.
povey's
remarks.
You
spoke
about
councils
being
incentivized
to
delay
the
seeking
repayment
due
to
the
agreement
of
interest.
It's
interesting
northern
in
causeless
submission.
They
highlight
the
potential
for
a
behavioral
change.
If
we
move
to
a
five-year
period
of
description
which,
to
be
argued,
would
incentivize
individuals
to
seek
to
get
beyond
our
five-year
period,
so
they
were
no
longer
liable
for
tax.
D
It's
another
point
at
qualities,
which
I
think
is
actually
very
significant
with
regards
to
the
autonomy
and
status
of
local
government,
is
that
this
would
remove
a
party
that
exists
between
taxes
or
to
the
crown
and
taxis
order
to
government
to
more
practical
concerns.
I
have
thought
is
that
and
again
it
is
analogous
to
the
issues
raised
by
mr.
Griffin's
amendment
that
additional
resources
me
or
would
presumably
be
required
to
expedite
this
process
of
collecting
there
and
again
mr.
D
there
be
alluded
to
the
financial
circumstances
or
local
government,
and
this
is
again
an
issue
raised
and
submissions
from
local
government.
This
would
require
additional
resources
to
expedite
a
process
and
these
resources
could
be
better
spent
elsewhere.
The
final
point,
I'll
make
again
is
just
with
reference
in
the
context
of
this
bill.
This
is
a
short
Bell,
with
a
very
specific
purpose,
to
clarify
the
law
of
description.
I
think
that
we,
through
stage
one
and
and
of
inquiry.
This
committee
has
explored
a
range
of
areas
and
a
range
of
interests
that
the
servo
has
provoked.
D
B
Like
to
directly
address
a
man
at
five
and
I'd,
make
the
same
point
to
mr.
Bibby
Neil
Finlay
I
made
to
Marc
Griffin
on
his.
If
the
intention
is
to
remove
the
exception
for
the
obligation
to
pay
council
tax
from
Section
three,
an
amendment
five
is
unnecessary
as
amendment
six
alone
will
achieve
this
effect
and
for
the
same
reasons,
this
bill
does
not
seek
to
change
the
position
of
council
tax
and
its
aim
is
simply
to
maintain
the
status
quo.
As
we
understand
it.
B
Local
taxes
form
a
substantial
source
of
income
for
local
authorities,
paying
for
essential
services
like
education,
housing,
roads
and
so
on.
The
Scottish
Government
accepts
the
considered
view
of
the
Scottish
Law
Commission
on
this
matter.
At
stage,
one
Khosla
told
the
committee
how
a
20
year,
prescription
period
for
recovery
of
arrears,
allows
local
authorities
to
quickly
begin
that
the
recovery
process
minimal
cost
to
taxpayers
all
the
while
protecting
those
who
over
ears
by
entering
into
long-term
arrangements.
All
of
this
would
be
jeopardized
by
changing
and
shortening
their
prescription
period.
B
I
note
that
the
committee
have
written
to
all
32
local
authorities
seeking
further
information
on
this
point
and
receive
responses
from
26
of
them,
and
it's
important
to
note
that
not
one
of
those
agreed
that
changing
the
prescription
period
was
appropriate
instead.
They're
all
adamant
that
no
change
to
the
status
quo
should
be
made
among
the
points
made
by
local
authorities
were
that
the
policy
reasons
which
justify
accepting
taxes
payable
to
the
crown
from
the
five-year
prescription
apply
equally
to
taxes
payable
to
local
authorities.
B
That
is,
there
should
be
no
distinction
between
taxes
owed
to
central
government
and
those
owed
to
local
authorities.
Highland
Council
said
and
I
quote,
it
would
place
local
authorities
at
a
disadvantage
to
HMRC
and
ordinary
creditors.
It's
inconceivable
to
believe
that
this
is
actually
what
is
at
stake.
Closed
quotation.
Local
authorities
continue
to
recover
a
significant
amount
of
arrears.
Each
year
more
than
two
billion
worth
of
council
tax
debt
is
currently
owed
across
Scotland
and
1.2
billion.
B
Pounds
of
this
relates
to
debts
that
more
than
five
years
old-
and
this
is
money
that
obviously
would
be
spent
on
local
services
making
the
prescription
period.
For
these
debts,
five
years
would
likely
force
a
change
in
the
way
councils
recover
their
debt
to
detriment
not
only
of
the
debtor,
but
to
all
of
us
who
use
local
services.
Local
authorities
have
told
the
committee
that
they
would
have
to
depart
from
the
summary
warrant
process,
meaning
more
costs
for
the
debtor
and
are
diverting
of
local
authority
resources
to
collection
of
arrears.
B
There
are
26
local
authorities
that
have
responded
to.
The
committee
are
all
deeply
concerned
about
the
impact
of
any
change
to
the
prescription
period
by
shortening
it
from
20
years
to
five
years
and
the
effect
that
that
would
have
on
their
funding.
Not
only
are
they
concerned
about
the
ability
to
recover
arrears
that
are
already
owed
to
them,
but
they're
also
concerned
that
reducing
the
prescription
period
may
create
incentive
to
those
who
wish
to
avoid
paying
their
taxes
in
the
first
place.
B
Finally,
this
bill
is
about
prescription
generally,
the
point
I
made
about
the
earlier
set
of
amendments,
and
it's
not
the
place,
therefore,
to
make
substantial
policy
changes
in
other
specific
areas
and
any
change
to
the
current
position
would
need
wider
consultation,
particularly
in
light
of
the
views
expressed
by
so
many
local
authorities
by
kossler
and
other
issues
such
as
the
ones
raised
by
Scottish
water
that
were
brought
up
earlier
in
the
stages
to
the
committee
and
because
of
this
I
would
urge
Neil
Finley
represented
by
mr.
Bibby,
not
to
press
these
amendments
like.
E
You
convene
I
think
we've
gone
over
a
lot
of
the
same
arguments
from
the
from
the
previous
groups
and
I
would
just
repeat
that
these
amendments
have
been
developed
from
the
evidence
that
we've
seen
from
the
Law
Society
and
the
citizens
of
a
Scotland
I
accept,
and
what
tomorrow
said
about
there
being
concerns
from
from
Korres
line
will
continue.
Tim
to
address
those.
There
may
be
small
additional
resources
required,
I,
don't
accept,
they
would
be
substantial,
iclever,
corslet
and,
and
tom
off
of
the
council's.
Our
resources
are
limited.
In
fact
they
are
chronically.
A
A
A
B
This
amendment
is
to
ensure
that
where
the
creditor
is
successful
in
the
court
proceedings,
for
example,
obtaining
a
declarative,
the
existence
of
the
right,
then
the
creditor
should
not
be
denied
the
property
right
by
the
20-year
prescription
coming
to
an
end
at
the
end
of
the
court
proceedings.
Instead,
this
amendment
ensures
that
where
the
creditors
claim
is
successful,
the
property
right
is
deemed
I've
been
exercised
or
enforced.
The
outcome
is
that
a
new
20-year
prescription
period
will
start
to
run.
B
At
the
same
time,
the
2018
Act
makes
clear
that
those
receiving
devolve
benefits
are
under
an
obligation
to
repay
overpayments
of
those
benefits
in
certain
circumstances,
that
obligation
is
subject
to
the
five-year
prescription
period
and
that
is
achieved
by
section
66
amending
schedule.
1
of
the
1973
Act
the
bill
being
considered
today
inserts
a
general
rule
into
section
1
of
the
1973
Act
that
all
statutory
obligations
to
make
payments
will
be
subject
to
the
5-year
prescription
period,
and
this
will
cover
the
obligation
contained
in
the
2018
Act
that
I've
just
described.
B
D
B
A
A
A
A
Okay,
so
agenda
item
three
instruments
subject
to
affirmative
procedure.
No
points
have
been
raised
on
the
draft
common
financial
tool,
Scotland
regulations,
2018.
Is
the
committee
content
with
this
instrument?
Okay,
gender
item
for
consideration
of
an
instrument
subject
to
the
negative
procedure?
No
points
have
been
raised
on
SSI
2018
272.
Is
the
committee
content
with
this
instrument?
Okay,
I'll
move
the
meeting
into
private
session.