EC/S2/06/01/A
ENTERPRISE AND CULTURE COMMITTEE AGENDA 1st Meeting, 2006 (Session 2) Tuesday 17 January 2006 The Committee will meet at 2 pm in Committee Room 2. 1. Bankruptcy and Diligence etc. (Scotland) Bill: The Committee will take evidence from— Tom Adams, Senior Debt Advice Officer, Glasgow City Council; Pauline Allan, Advisory Services Manager, and Jemiel Benison, Development Officer, City of Edinburgh Council; Patricia Sproul, Money Advice Manager, the Highland Council; Adrian Stalker, Principal Solicitor, Shelter; Ann Wood, Managing Partner, Stirling Park Ltd; Alan Adie, Director, Adie Financial Solutions Ltd; Bryce Findlay, Insolvency Practitioner, Findlay Hamilton; Shona Maxwell, Consultant, and Ian Johnston, Insolvency Practitioner, Henderson Loggie; and Bryan Jackson, Insolvency Practitioner, PKF (UK) LLP. Euan Wallace, Edward Fowler and Jim Freer. 2. Bankruptcy and Diligence etc. (Scotland) Bill: The Committee will consider issues emerging from the evidence session. 3. Bankruptcy and Diligence etc. (Scotland) Bill: The Committee will consider its approach to consideration of the bill at Stage 1. 4. Scottish media industry: The Committee will consider whether to take evidence on the future of the media industry. Stephen Imrie Clerk to the Committee Tel. 0131 348 5207 enterprise.committee@scottish.parliament.uk **********
EC/S2/06/01/A The following meeting papers are enclosed:
Agenda Item 3 Note by the clerk Agenda Item 4 Note by the clerk Paper for members attention Correspondence from the Chief Executive of the Scottish Funding Council and note by the clerk Papers circulated for information only Petition by Edward Fowler (PE 865) Extract from the Official Report of the Public Petitions Committee of Tuesday, 8th September 2005, regarding PE 865 (Col 1946ff) Article from CA Magazine, January 2006, on bankruptcy reform Clerk’s Bulletin, No 1(2006) EC/S2/06/1/3 EC/S2/06/1/2 EC/S2/06/1/1
EC/S2/06/1/1 ENTERPRISE AND CULTURE COMMITTEE 1st Meeting 2006 APPROACH TO THE BANKRUPTCY AND DILIGENCE ETC (SCOTLAND) BILL Note by the clerk Background 1. At its meeting on 6 December 2005, the Committee considered its initial approach to the Bankruptcy and Diligence etc (Scotland) Bill (“the Bill”) at stage 1 and agreed to issue a call for written evidence on the general principles of the Bill and to hold a round-table public discussion with (a) professionals in the field of insolvency and (b) those that have experienced personal or corporate bankruptcy. The Committee also agreed to adopt a thematic approach to subsequent evidence sessions and further to consider its approach to the Bill following appointment of its adviser on the Bill. At that meeting, the Committee also took evidence from the Scottish Executive’s Bankruptcy and Diligence etc (Scotland) Bill team. 2. The adviser has now been appointed and will be present during the consideration of this item. Oral evidence sessions 3. In light of the Committee’s decision to take evidence on the Bill theme-bytheme, it is proposed that these themes be considered in the order that they appear in the Bill, namely— a) Bankruptcy (part 1); b) Floating charges (part 2) ; c) Enforcement (part 3); d) Diligence (parts 4 to 15). 4. Where an organisation is suggested for more than one theme, every effort will be made, when scheduling witnesses, to make the most efficient use of time and combine issues wherever possible. In some cases, however, it may be necessary to invite witnesses to come to give evidence on more than one occasion. 5. The fourth theme, diligence, covers 12 parts of the Bill dealing with the following areas— • • • • Land attachment and residual debt; Inhibition; Diligence on the dependence; Interim attachment;
EC/S2/06/1/1 • • • • • • • • Attachment of money; Diligence against earnings; Arrestment in execution and action of forthcoming; Old diligences (maills and duties, sequestration for rent and landlord’s hypothec); Summary warrants, time to pay and charges to pay; Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002 (“the 2002 Act”); Admiralty actions and arrestment of ships; Disclosure of information.
6. Committee members may wish to consider whether to take oral evidence on all of these areas of diligence law. For example, as an alternative, the Committee could, in the first instance, focus oral evidencetaking on certain aspects and seek specific written evidence on the remaining sections and decide whether oral evidence is necessary on the basis of the responses. The Committee may also wish to seek the advice of its adviser on this point. Witnesses 7. Bankruptcy: in addition to the round-table discussions with insolvency and money advice professionals and with bankrupts on 17 January, it is suggested that the following be invited to give oral evidence— Money Advice Scotland Citizens Advice Scotland Institute of Chartered Accountants of Scotland Committee of Scottish Clearing Bankers Law Society of Scotland Entrepreneurial Exchange University-based centre for entrepreneurship Enterprise agencies 8. Floating charges: it is suggested that the following be invited to give oral evidence— Committee of Scottish Clearing Bankers Law Society of Scotland Scottish Law Commission Registers of Scotland Registrar of Companies in Scotland Council of Mortgage Lenders 9. Enforcement: it is suggested that the following be invited to give evidence— Society of Messengers-at-Arms and Sheriff Officers Citizens Advice Scotland Money Advice Scotland Law Society of Scotland
EC/S2/06/1/1 People who have been on the receiving end of enforcement SACRO 10. Diligence: it is suggested that, subject to the Committee’s decision in respect of paragraph 6 above, the following organisations/individuals be approached to give oral evidence on diligence— Land attachment and residual debt Scottish Law Commission Registers of Scotland Citizens Advice Scotland Money Advice Scotland Shelter Inhibition Scottish Law Commission Law Society of Scotland Registers of Scotland Local authorities Diligence on the dependence Scottish Law Commission Law Society of Scotland Legal academics Committee of Scottish Clearing Bankers Scottish Court Service Citizens Advice Scotland Interim attachment Scottish Law Commission Law Society of Scotland Legal academics Money attachment Scottish Law Commission Law Society of Scotland Local authorities Society of Messengers-at-Arms and Sheriff Officers Citizens Advice Bureau HM Revenue and Customs Earnings Local authorities HM Revenue and Customs Employers Child Support Agency Institute of Payroll and Pensions Administration Arrestment Citizens Advice Scotland Committee of Scottish Clearing Bankers Public Creditors Law Society of Scotland Local authorities Old diligences Scottish Law Commission
EC/S2/06/1/1 Law Society of Scotland Commercial landlords ICAS Summary warrants Citizens Advice Scotland Money Advice Scotland Public creditors Local authorities Society of Messengers-at-Arms and Sheriff Officers/sheriff officer firms Reform of the 2002 Act Society of Messengers-at-Arms and Sheriff Officers Money Advice Scotland Admiralty Scottish Law Commission Legal academics Merchant seamen Solicitors specialising in the practice of shipping law Disclosure of information Creditors – local authorities, banking/financial sector Society of Messengers-at-Arms and Sheriff Officers Department for Constitutional Affairs Institute of Payroll and Pensions Management Citizens Advice Scotland Written evidence 11. A call for written evidence has been issued via the Committee’s website and a date of 24 February 2006 has been set for receipt of submissions. 12. It is planned, where possible, to circulate submissions, or relevant extracts of submissions, with Committee papers for each evidence session. For example, for all evidence sessions on bankruptcy, all written evidence received on bankruptcy would be circulated. Timetable 13. The timetabling of stage 1 of bills is for the Parliamentary Bureau to decide and no decision has yet been taken in respect of this Bill. Such decisions are usually made following consultation with the clerks to the relevant committee and with the office of the Minister for Parliamentary Business. The Committee should consider, therefore, what its preferred timetable for stage 1 would be. 14. Given the complex nature and the volume of the Bill, it is likely that a long timetable will be necessary. If oral evidence were to be taken on all parts of the Bill as outlined in paragraphs 7 to 10 above, taking into account the Committee’s work load in other areas, it is likely that evidence-taking would not be complete until at least the Easter recess (25 March to 10 April) and probably beyond. If the Committee chose to focus its oral
EC/S2/06/1/1 evidence-taking on certain aspects of diligence and seek written evidence only on other areas, it may be possible to complete evidence-taking within a slightly shorter timeframe. 15. Following the completion of evidence-taking, the Committee should allow three or four meetings for the consideration of its draft report. It is recommended, therefore, that the Committee request a timetable that sets a deadline for completion of stage 1 (including the plenary debate) by the end of June 2006. Action 16. The Committee is invited to consider whether to agree— a) to take oral evidence on all areas of diligence law or to focus oral evidence-taking on certain aspects and to seek specific written evidence on the remaining sections; b) to seek oral evidence from the witnesses as outlined in paragraphs 7 to 10 [subject to its decision in 14 (a) above]; c) that its preferred timetable for stage 1 of the Bill would require it to publish its report no sooner than 31 May 2006; d) to consider issues emerging from the evidence following each evidence session; e) to consider all drafts of its report in private; f) to delegate to the Convener authority for approving any claims for witness expenses that may arise during the course of taking evidence on the Bill.
EC/S2/06/1/2 ENTERPRISE AND CULTURE COMMITTEE 1st Meeting 2006 REPRESENTATIONS MADE TO THE COMMITTEE ON THE SCOTTISH MEDIA INDUSTRY Note by the clerk Background 1. Prior to the Christmas recess, the Committee received a request by the National Union of Journalists (NUJ) to look into recent announcements by Trinity Mirror Group regarding its operations in Scotland. The NUJ also raised concerns with regard to other indigenous Scottish newspaper titles. These announcements were part of a series of reforms announced by the Group. 2. According to the NUJ, Trinity Mirror plans to scale back the number of journalists and staff from 30 to 2, transfer some of the production work to London and reform some of the ways in which the Mirror newspapers are produced in Scotland. 3. The NUJ has noted that, following announcements by Trinity Mirror Group regarding its operations in Wales, the Welsh Assembly’s Culture Committee has written to the new Chief Executive at Trinity Mirror, Sly Bailey, asking her to appear and explain the publishing group’s plans in Wales. 4. The Committee has also been contacted on the same subject by a number of Scottish-based journalists, also raising the issue of proposed job losses at the Daily Record. Additionally, Michael Matheson MSP has written to the Convener asking for the subject to be raised at a meeting. Current workload 5. Members will no doubt be aware that the current work programme for the Committee for 2006 is heavily subscribed, with the Bankruptcy and Diligence Bill at stage 1, a forthcoming bill on tourism (expected in March) and ongoing work with regards to the business growth inquiry and a recent agreement for a short inquiry on the St Andrew’s Day Bank Holiday Bill. It may be difficult, therefore, for a great deal of additional work to be done on this issue without re-orientating existing commitments. 6. However, the Committee is currently engaged in an ongoing series of “hearings” with regards to broadcasting in Scotland and the wider issue of developing Scotland’s creative industries. The last of these “hearings” took place in November with BBC Scotland and Ofcom. At that meeting, it was agreed that the clerks would produce a paper on these issues for January 2006, with a view to scheduling further “hearings” on some of the issues raised.
EC/S2/06/1/2 7. Members may feel it appropriate, therefore, to incorporate the issues raised by the NUJ and others with regards to Scotland’s newspaper industry into the Committee’s ongoing work. This could involve taking evidence as part of a “hearing” from representatives of Trinity Mirror and other interested parties. Action 8. The Committee is invited to consider whether to agree to incorporate an investigation into the recent announcements made by Trinity Mirror Group and other newspaper publishers in Scotland into the ongoing work on media-related issues and Scotland’s creative industries. Stephen Imrie Clerk to the Committee
EC/S2/06/01/3 ENTERPRISE AND CULTURE COMMITTEE 1st Meeting 2006 THE SCOTTISH FUNDING COUNCIL – ESTABLISHMENT OF THE SKILLS COMMITTEE Note by the clerk Background 1. Under the Further and Higher Education (Scotland) Act 2005, the Scottish Funding Council must establish a skills committee to advise the council on matters relating to skills. Under guidance issued by the Deputy First Minister and Minister for Enterprise and Lifelong Learning, the council should consult the Enterprise and Culture Committee on the establishment of the skills committee Progress 2. The Convener recently met the Chief Executive and Chair of the council to discuss progress with the establishment of the skills committee and how the Enterprise and Culture Committee should be consulted. 3. It was agreed that the Chief Executive should write to the Committee outlining the proposed remit and membership of the skills committee. The letter is annexed to this paper. Next steps 4. It is planned that the skills committee should have its first meeting in February 2006. Action 5. The Convener has asked that members should contact the clerk if they would like the proposals outlined in the Chief Executive’s letter to be considered the Committee at its meeting on 24 January. 6. It is planned to schedule an evidence session with the Scottish Funding Council on early progress of the skills committee in April 2006. 7. If members are content with the proposals in the Chief Executive’s letter, no action is required at this time.
EC/S2/06/01/3 ANNEX 10 January 2006
Alex Neil MSP Convener Enterprise and Culture Committee The Scottish Parliament Edinburgh EH99 1SP
Establishment of the Skills Committee I enclose a paper on the remit and membership of the Council’s new Skills Committee which our Council discussed and agreed at their meeting in December. We have sought nominations from relevant bodies for membership. We would welcome any comments that the Enterprise and Culture Committee might have on the proposals in this paper. We hope to have our first meeting of the Committee in February 2006 and so would welcome comments as soon as convenient.
Roger McClure Chief Executive
EC/S2/06/01/3 ANNEX Skills Committee – remit and membership The Further and Higher Education (Scotland) Act 2005 states that the Council must establish a skills committee to advise the Council on matters relating to skills, to be chaired by a Council member, and to be guided on its membership and functions by any specific Ministerial guidance. The Committee is therefore being set up in this context and taking into account the ministerial guidance. Remit The remit of the Skills Committee will be to support and advise the Council in its consideration of the skills needs in Scotland by: • collecting, monitoring and evaluating the evidence on skills needs in Scotland and the supply of and demand for further and higher education; and advising on how improvements in meeting skills needs can be made through the Council’s funding, regulation and support for colleges and universities.
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In carrying out its work, the committee should: • consider the full range of skills needs including vocational, graduate and post-graduate skills, and the full range of ways of meeting these needs, including continuing professional development and workforce development/commercial training for companies; consider skills needs in the full range of industry sectors including the public sector as well as the voluntary and private sectors; take account of learners’ perspectives and the ‘market’ for learning as well as employers’ perspectives and the labour market; and avoid moving towards centralist planning models based on workforce planning approaches.
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Way of working There is a great deal of good work already in place that the Committee can draw on. We would therefore expect that the Committee would: • systematically seek evidence from a wide range of stakeholders through, for example, panels or focus groups (on its own and in partnership) or invitations to address the Committee on specific issues. draw on existing statistical collections and the evidence and research of other agencies, including Scottish Enterprise/Highlands and Islands Enterprise, (particularly Futureskills Scotland), the
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EC/S2/06/01/3 ANNEX Scottish Qualifications Authority, professional and statutory bodies, the Skills for Business Network, and colleges and universities; and • in its turn, make widely available to other interested parties its analyses and conclusions on skills matters so as to contribute to the wider effort to improve skills in Scotland.
It is expected that the Committee will meet formally approximately four times a year. In addition we expect that there will be some stakeholder/evidence gathering sessions (we would not expect all members to attend all of these sessions). Membership profile The committee will consist of a Chair (who will also be a Council member) and up to 10 members including: • • other Council members with expertise relevant to the committee; a nominee from Futureskills Scotland able to bring expertise on the Scottish labour market, evidence on skills needs, and create a link with the work of Futureskills Scotland; a nominee from the Sector Skills Development Agency able to contribute to the development of productive links between the the Committee, individual sector skills councils and other relevant stakeholders in Scotland; a nominee from the NUS (Scotland) able to contribute an overview from learners’ perspectives of their needs, expectations and views on colleges’ and universities’ provision; college and university senior managers with expertise in how the learning system contributes to the development of learners’ employability (skills, knowledge and attributes), workforce development, entrepreneurship, and economic and social development; and an authoritative academic expert on UK skills and labour market economics.
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The Council will review this profile periodically to ensure that it is still appropriate. Appointment of committee members The Council will appoint the members. As part of the process, the Council will seek nominations from relevant agencies including the Association of Scottish Colleges and Universities Scotland.
EC/S2/06/01/3 ANNEX In considering nominations the Council will consider the extent to which individuals can contribute the following skills, knowledge and experience: • • • • knowledge and understanding of the Scottish labour market and economic development priorities; knowledge and experience, at senior management or governing body level, of colleges and universities; knowledge and experience of Scottish Enterprise/Highlands and Islands Enterprise and Local Enterprise Companies; knowledge and experience of the wider Scottish educational system (including in particular an understanding of SQA and the SCQF); experience of innovative and successful practice in preparing learners for the workforce and upskilling those in the workforce; experience of strategic partnership working between colleges/universities/employers and other stakeholders to contribute to effective skills development; and experience of contributing to high-level strategic committees.
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The Council will select members on the basis of the extent to which they individually contribute to the above profile, and collectively provide a balanced coverage of: • • • • the range of knowledge, skills, and expertise required for the Committee to be effective; learner, institution and employer perspectives on skills issues; experience of a range of types of colleges or universities; and a diversity of personal backgrounds, characteristics and perspectives on skills, employability, workforce development and continuing professional development.
December 2005