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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 18 April 2025
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Displaying 1351 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

Not at this stage.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

I will bring in Michael Paparakis, who has the history of this. However, my understanding is that it was not thought necessary. Even if the legislation on data protection is updated, it will always be updated by the UK Government on the Information Commissioner’s Office website, so it will keep in step with things.

Michael, do you want to add anything?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

I will hand over to Michael Paparakis, who has the technical knowledge to be able to answer that question.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

I do not consider the threshold to be too high; I believe that it strikes the right balance between the incurring of unnecessary costs and protecting an estate from the improper actings of a judicial factor.

The evidence indicates that bonds of caution can be difficult to obtain and can cost thousands of pounds each year, which is paid for by the estate. That can be prohibitive in circumstances in which a family member is appointed to administer the estate of a missing person and can be completely unnecessary where indemnity insurance covers the judicial factor’s actings.

Most current judicial factors are professionals with indemnity insurance, which, as the committee has heard, can cover their actings as a judicial factor. If a non-professional judicial factor is appointed, the court will have the discretion to order caution. The bill contains safeguards in relation to that, including the fact that all judicial factors are supervised by the accountant and that they must submit an inventory of the estate property and a management plan and must provide accounts for regular audit.

Any person who has concerns about a judicial factor can complain to the accountant, who is required to investigate and has the power to direct a judicial factor to do something. The accountant must also report any serious misconduct to the court.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Good morning. Thank you, convener, for the opportunity to talk about strategic lawsuits against public participation—often referred to as SLAPPs. I would like to thank the petitioner, Roger Mullin, for his tireless campaigning work on this matter.

The petition raises important issues and it is helpful to have them discussed in such a forum. The committee will be aware that the Scottish Government recently introduced reforms to our law of defamation, which took steps towards further protecting freedom of expression.

Although SLAPPs are typically framed as defamation cases brought by wealthy individuals or corporations to evade scrutiny in the public interest, they can occur across a broad spectrum of issues, including data protection, privacy and environmental law.

Since Parliament considered the law of defamation, significant steps have been taken elsewhere in the United Kingdom and in the European Union. In England and Wales, the UK Government has given its support to a private member’s bill that will widen the scope of the limited anti-SLAPP legislation that is already in place. At EU level there is a recent directive, and the Council of Europe has recently adopted a recommendation on countering SLAPPs.

For those reasons, it is important that we make progress on the issue. I am pleased to say that we will consult on SLAPPs later this year. It seems to me to be both timely and sensible to consult on the issue of SLAPPs specifically in the context of Scots law. My officials have already had helpful engagement with stakeholders, and I will ensure that that continues throughout the consultation process.

I welcome any questions that you or other committee members might have.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

I have been told that the board can consider it on a case-by-case basis.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

I can double-check that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Thank you. I am happy to keep the committee updated as we progress.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

The task force includes representatives from the UK Government and the EU, and I know that Scottish officials are part of it, too. By itself, legislation would not address all the potential issues that SLAPPs raise. There needs to be more of a holistic approach, which is why we are working with the task force.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

I will bring in Michael Paparakis to answer that question.