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How prevalent are SLAPPs in Scotland, and what damage has been done?

We should also ask whether there is any data on whether that circumstance is common in Scotland and the percentage of cases to which it applies.

I asked the current Deputy First Minister whether she would change the regulation. What is her current position on that? I do not think that we have had a clear answer.

The last time the committee considered the petition, the petitioner mentioned that he goes to schools to teach children about gamekeepers and the pupils do not know what a gamekeeper is. I do not know whether he has done anything about that, but he mentioned that that needs to be taught in schools and that a lot of people are not aware of that. Is there any improvement on that?

Both the Faculty of Advocates and the Sheriffs and Summary Sheriffs Association have said that section 23 of the bill could be modified to deal with exceptional circumstances in which a judicial factor had acted unreasonably but not negligently in relation to litigation and so could be found personally liable for legal costs. Does the commission have any comments on the current policy and on the drafting of section 23?

Do any changes need to be made to clarify things?

Section 34 sets out the rule that discharge usually frees the judicial factor from liability as a factor under civil law. Section 38 requires the Accountant of Court to report to the court where “serious misconduct” or other material failures are found. The court then has a discretion to dispose of the matter as “it considers appropriate”. For the benefit of the committee, what is the commission’s understanding of the interrelationship between the two provisions? Does the commission think that any drafting changes are required to improve clarity?

Normally, the Scottish Legal Complaints Commission acts as a gatekeeper for all complaints about solicitors in Scotland although a complaint about conduct may be referred back to the Law Society to determine its substance. Section 38 of the bill places a duty on the accountant to report misconduct or failure of a judicial factor to their professional body. Is there therefore a potential policy issue in relation to bypassing the SLCC’s usual role and applying a different threshold for referral to the Law Society than the SLCC is required to apply?

As highlighted in the SPICe briefing, the Scottish Government has not taken any significant recent action on additional funding for the maintenance or enhancement of conservation areas. Can we ask the Scottish Government if it has any plans to release additional funding?

Good morning, Deputy First Minister. Could you change the regulation, even though the current position is not to change it?