Seòmar agus comataidhean

Do colleagues have any final questions?

Our second panel of witnesses are from the Scottish Courts and Tribunals Service. I welcome Raish Allan, who is the judicial factory case manager; Tim Barraclough, who is the executive director for tribunals and the Office of the Public Guardian; and Fiona Brown, who is the public guardian and the Accountant of Court.

I remind attendees not to worry about turning on their microphones, as that will be dealt with by the broadcasting team. If panel members would like to come in on any question, they should raise their hand or indicate to the clerks. There is no need for all of you to answer every question; simply indicate that you do not need to respond to it. However, if you would like to come back to the committee after the meeting, you may do so in writing. We move to questions.

Before we get into questions on specific issues in the bill, will you tell us a little bit about the office of the Accountant of Court. Why did the office come into being and how long has it been in existence? Currently, what responsibilities are associated with that role?

How common is it for people who have been missing for quite some time and have reappeared to go missing again at some point after they have reappeared? I am thinking of what you have just said with regard to Oliver Mundell’s question and the discussion that we had beforehand.

On how many occasions has a judicial factor or guardianship been put in place in England and Wales under existing legislation?

Under agenda item 2, we are considering five instruments. An issue has been raised on the following instrument.

The instrument amends the privileges and immunities afforded to the European Space Agency, the European Organisation for Astronomical Research in the Southern Hemisphere, and their representatives and staff.

In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee queried discrepancies between the instrument and the explanatory note.

The Scottish Government acknowledged that the new paragraph 7 of schedule 15 to the order that is being amended—the International Organisations (Immunities and Privileges) (Scotland) Order 2009—does not operate as the policy intended. It confirmed that it intends to rectify the error at the earliest opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i)—defective drafting—on the basis that the paragraph does not operate as intended, in that a director general, or a person acting in their place, who has a form of British nationality does not benefit from exemptions relating to social security as was intended?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

Thank you.

Does the committee wish to welcome that the Scottish Government intends to rectify the error at the earliest opportunity, which is anticipated to be in the autumn of this year?

Members indicated agreement.

The Scottish Government confirmed that the explanatory note is incorrect in suggesting that the instrument affords immunities and benefits only to officers who have British nationality. It advised that it intends to correct the text of the explanatory note.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the error in the explanatory note?

Members indicated agreement.