Chamber and committees

Good morning, and a warm welcome to the 24th meeting in 2024 of the Constitution, Europe, External Affairs and Culture Committee.

I put on record our thanks to Meghan Gallacher for her work on the committee and wish her well in her new role on the Local Government, Housing and Planning Committee.

The first agenda item is a declaration of interests. I extend a warm welcome to Stephen Kerr, who joins the committee today and invite him to declare any relevant interests.

Our second agenda item is to begin to take evidence on the second phase of our inquiry in relation to the review of the European Union-United Kingdom trade and co-operation agreement. The committee published its report on the first phase of the inquiry, focused on trades and goods, in September. The second part of the inquiry will focus on trade and services and mobility.

We are joined by Dr Adam Marks, international policy executive at the Law Society of Scotland, and Dr Ross Anderson, advocate, Faculty of Advocates. We are also joined online by Professor David Collins, professor of international economic law, City St George’s, University of London.

I will begin with a couple of questions. I will then invite members to indicate if they want to come in. I hope that we will be able to accommodate supplementaries from the committee.

What are the biggest concerns arising from the TCA in relation to legal services provision? Are you able to offer any solutions? Thinking more positively, are there any upsides to the TCA at the moment?

Okay. Dr Anderson, you mentioned transparency, I think. Do you want to comment on that a bit further?

Effectively, they are taking their business from Scotland or England to Ireland.

I move to questions from the committee.

Professor Collins, do you want to comment?

I want to ask about people registering with the bar in Ireland. One aspect that we have been considering is whether there is any detriment to businesses in Scotland compared with those in Northern Ireland, which of course is still in the free trade agreement. Could you expand on that? What is the benefit to Scottish lawyers of registering there? Is there mutual recognition between Ireland and Scotland on the aspects that we have just discussed? Perhaps you could explain that a bit more for us.

Thank you. I move to questions from the committee.

Ms Burns, years ago, I read a book called “If Women Counted”, by Marilyn Waring, which challenged the financial and economic outlook on what counted as work. The example that I remember was that a commute to work is considered to be economic activity, but collecting water from a well for a family is not. Are you confident that the evaluations that will happen as a result of something that is completely focused on finance will reflect the impact on the duties that are recognised as gendered in relation to things such as caring, or do you have concerns that there will be a bias in what is evaluated?

Good morning. I warmly welcome everyone to the 23rd meeting in 2024 of the Constitution, Europe, External Affairs and Culture Committee. Our first agenda item is a decision on taking business in private. Are members content to take items 3 and 4 in private?

Members indicated agreement.