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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 3 April 2025
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Displaying 225 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Thank you—that is helpful.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Therefore, in your mind, the two processes are almost running side by side. That complaint would take reference to any on-going court case at the same point and come to the same conclusion. Thank you very much.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Thank you—I was just curious. Law is maybe always not that fast, but I wondered whether there was a hold-up, because there is quite a lot that we want to come through the system, as you mentioned. If all the reports take 10 years, that will take quite a long time. However, if it is simply about parliamentary time and space, I suppose that the best use of the committee is in how we can push things forward.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

The Faculty of Advocates, with support from the centre for Scots law, has said to the committee that it would be useful to give the judicial factor an additional power in part 2 of the bill to seek directions from the appointing court. However, other stakeholders’ views on that have been more mixed. There is some suggestion that the court already has the powers that it needs in the bill.

Having heard all the views that have been expressed to the committee, what is your position on that? Would you be open to amending the bill in such a way as the Faculty of Advocates suggests?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

That is good, because there was a concern that the SLCC should be the first point of call. However, if you have spoken to the Law Society and it has said that it would pass the report on, that is fine.

My second question is also about section 38(4). The accountant must refer a judicial factor to their professional body, but that is before any potential misconduct has been determined by the court. There was a concern that that does not seem a fair way around it; instead, the court should decide first and, if an issue has occurred, that would be referred on to the professional body.

Is the minister still of the view that that subsection is framed correctly? Would you like to comment on that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

That makes sense. For absolute clarity on your previous points, is it your preference that, when a judicial factor is in place and the missing person returns, there should be as close to an immediate ceasing of that factory as possible? That would need to be stated in the bill.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Thank you very much for that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Convener, I missed a question earlier, so, if it is all right, I will just jump back to it.

Again, this was discussed last week, but the Faculty of Advocates has suggested that, in part 2, there could be an extra power to seek directions from the court where there might be issues during a factory. Could such a power be warranted in the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

To be honest, I think that Josie Allan has answered my next question with that relevant point. There are situations in which a missing person returns but needs support and, equally, a person might return and be perfectly able to take on their finances again. I do not know how it would be written, but could some of that be set out in the bill and the rest put in guidance? Could we have something that sets out a procedure that allows people who are perfectly able to take on their finances as quickly as possible to do so and a procedure for situations in which there might be a concern about the person in question? Does that make sense?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

I think that you answered my next question, in part, when you replied to the last couple of questions. Part 2 of the bill mentions the roles, responsibilities, powers and duties of the judicial factor, which you have made comments on. One comment was about a present for an 18th birthday. For the record, will you say whether the bill sets out the powers and duties that a family member would need to manage the estate of a missing person? You spoke a wee bit about having guidance or provisions in the bill. Do you have a preference about that?