Official Report


  • Economy, Energy and Fair Work Committee 09 June 2020    
    • Attendance


      *Michelle Ballantyne (South Scotland) (Con)

      Deputy convener

      *Willie Coffey (Kilmarnock and Irvine Valley) (SNP)

      Committee members

      *Colin Beattie (Midlothian North and Musselburgh) (SNP)
      *Rhoda Grant (Highlands and Islands) (Lab)
      *Alison Harris (Central Scotland) (Con)
      *Dean Lockhart (Mid Scotland and Fife) (Con)
      *Richard Lyle (Uddingston and Bellshill) (SNP)
      *Gordon MacDonald (Edinburgh Pentlands) (SNP)
      *Andy Wightman (Lothian) (Green)


      Committee substitutes

      Maurice Golden (West Scotland) (Con)
      John Mason (Glasgow Shettleston) (SNP)
      Mark Ruskell (Mid Scotland and Fife) (Green)

      The following also attended:

      Rodger Evans (Clerk)

      Clerk to the committee

      Alison Walker


      Virtual Meeting


    • Decision on Taking Business in Private
      • The Convener (Michelle Ballantyne):

        Good morning. I welcome members and those joining us online to the Economy, Energy and Fair Work Committee’s 18th meeting in 2020. This is the committee’s sixth meeting conducted remotely and before I begin, I would like to thank the broadcasting team, on behalf of the committee, for making the meeting possible.

        We have three items on our agenda this morning, but first the committee has to decide whether to take items 2 and 3 in private. Because of the nature of a virtual meeting, I will take silence as agreement. That is therefore agreed.

    • Corporate Insolvency and Governance Bill
      • The Convener:

        Item 1 is the United Kingdom Government’s Corporate Insolvency and Governance Bill. We need to consider a legislative consent memorandum, or LCM, on the bill.

        The bill contains a range of proposals to support companies that are facing financial difficulties. Some of the changes will be permanent, while some are time-limited in response to the current coronavirus crisis.

        The majority of provisions in the bill relate to reserved matters. The regulation of companies is a reserved matter, as are various aspects of corporate insolvency.

        However, some little areas of the bill relate to devolved matters. Several aspects of the bill engage the LCM process, but broadly speaking the impact on devolved competence is fairly minor and technical.

        The committee has not heard of any concerns coming from insolvency stakeholders, so we concluded that we did not need to take evidence from anyone this morning. However, before we make a decision on approving the LCM, the deputy convener wishes to contribute to the discussion.

      • Willie Coffey (Kilmarnock and Irvine Valley) (SNP):

        Have the permanent provisions that are included in the bill been consulted on by the UK Government and in Scotland? If the bill is approved, will the Scottish Government be responsible for maintaining, monitoring and reporting on the devolved aspects of the proposals? Could the clerk clarify that for us?

      • The Convener:

        Can any of the clerks answer that question now?

      • Rodger Evans (Clerk):

        I can answer in the affirmative to Willie Coffey’s questions. The UK Government has consulted. As we understand it, the Scottish Government intends to undertake a review of his second point.

      • The Convener:

        Does that answer your question, Willie?

      • Willie Coffey:

        That is fine. Thank you for that clarification, Rodger; it is helpful.

      • The Convener:

        As no other member wishes to comment on the LCM or ask a question, I take it that the committee is content with the LCM and with the Scottish Government’s view that the Scottish Parliament should consent to the UK legislating in the area.

        Members indicated agreement.

      • The Convener:

        Are members also content for the clerks and I to prepare a short report outlining our decision today and covering the points that we have just discussed?

        Members indicated agreement.

      • The Convener:

        Thank you.

        That concludes what was a very short public part of the meeting this morning. As agreed, the committee now moves into private session.

        09:34 Meeting continued in private until 12:11.