Official Report: Minutes of Evidence

The Chairperson (Ms Bradshaw): Members, we move back into open session. We have just had an informal clause-by-clause discussion relating to clause 31, but we will get to that later.

The Committee has now reached a position on all the clauses. During the formal clause-by-clause discussion, I will put the Question on each clause and schedule, the long title of the Bill and on any recommendations for amendment. There is a particular form of wording that is used at this stage, and decisions are formally minuted for the public record and for the Committee report.

Just as a reminder, the options for the Committee are: to agree or not agree a clause or schedule, as drafted; to propose and agree an amendment to a clause or schedule with the Department; or, in the absence of agreement with the Department, to propose a Committee amendment.

Recommendations for inclusion in the Committee report will be considered at the meeting on Wednesday, 21 January 2026. However, the Clerk's brief, outlining the Committee's recommendations, can be found on pages 102 to 104 of the pack.

I will ask the Clerk to give an overview on how today's formal clause-by-clause session will be conducted. Thank you.

The Committee Clerk: Thank you, Chair. Members, as we discussed earlier, the Committee has now come to a final position on each clause, the long title and the four schedules. This formal clause-by-clause session is designed to put that into the formal record. All the decisions made will be reflected in the Committee report, which is when the public will be able to see the amendments that the Committee has agreed. Today, however, is about making sure that the Committee provides its final position on each clause and schedule and the long title in open session.

The Chairperson (Ms Bradshaw): Thank you. All clear? OK.

I will work my way through the Bill, clause by clause.

The Chairperson (Ms Bradshaw): There are two Committee amendments, creating a new subsection (1A) and a new subsection (6), as per the amendment table.

The Chairperson (Ms Bradshaw): There is a proposed departmental amendment to clause 4(1) and a Committee amendment to clause 4(2).

The Chairperson (Ms Bradshaw): There is a proposed departmental amendment to clause 5(1).

The Chairperson (Ms Bradshaw): There are proposed Committee amendments to clause 9.

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment to clause 10(1).

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment to clause 11(6).

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment creating new clause 12A.

The Chairperson (Ms Bradshaw): There is a proposed departmental amendment to clause 15(4).

The Chairperson (Ms Bradshaw): There is a proposed departmental amendment to clause 18(3).

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment to clause 20.

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment to clause 21(1).

The Chairperson (Ms Bradshaw): I will slow down a bit.

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment to clause 26(1).

The Chairperson (Ms Bradshaw): There are two proposed Committee amendments to the clause: one creating new subsection (2A) and one replacing subsection (5).

The Chairperson (Ms Bradshaw): We move on to Part 2 of the Bill:

The Chairperson (Ms Bradshaw): Is the Committee content with clause 31, subject to the proposed Committee amendments to clauses 31(3) and (4) and the removal of clause 31(5)(b)? In closed session, the Committee divided on the removal of subsection (5)(b). Are we content that that is our position?

Mr Brett: You need to note the opposition from Pam and me to the removal of 31(5), Chair.

The Chairperson (Ms Bradshaw): OK. Thank you.

The Chairperson (Ms Bradshaw): There is a proposed departmental amendment to clause 32(3).

The Chairperson (Ms Bradshaw): There is a proposed departmental amendment to clause 38(2).

The Chairperson (Ms Bradshaw): There is a Committee amendment creating new clause 38A.

The Chairperson (Ms Bradshaw): There is a proposed Committee amendment.

The Chairperson (Ms Bradshaw): Part 3 is entitled, "General".

The Chairperson (Ms Bradshaw): We will move to the schedules.

The Chairperson (Ms Bradshaw): That is us finished. I thank the Committee team for its work on the Bill; it has been a mammoth task. You have done an amazing job. I also thank Stephen Orme from the Bill Office, who has provided us with a lot of support, assistance and advice. Thank you all. It has been such a privilege for us all to work on the Bill. I look forward to seeing the final report.