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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 21 December 2024
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Displaying 1726 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Before we move on to look at specific parts of the bill, please tell us briefly, and in general terms, what you think about the bill that is in front of us. Will it help to address the issues faced by the families of missing people?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

You have indicated that additional guidance would be helpful, along with potential amendments to the bill. Are there any other elements of the bill that you think could be changed, or is there anything else that could help with missing people?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 30 April 2024

Stuart McMillan

Welcome to the 14th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch off or put to silent mobile phones and other electronic devices.

The first item of business is to decide whether to take items 6, 7, 8 and 10 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Going back to the point about the flexibility of initiating a process, I was just thinking about the timescale of stopping the process if the person were to return. That is very helpful. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

With that, I thank the panel once again for their attendance today and for answering our questions—your evidence has been extremely helpful. The committee might follow up in writing with some further questions, and you also indicated that you were going to come back on a few things, too, so we will get that response from you in due course. Thank you very much once again.

That concludes the public part of the meeting. We now move into private session.

12:04 Meeting continued in private until 12:15.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

That is something that has come up in previous SLC bills. Committee members know about the section 104 order and have discussed and debated it a lot in recent years. The one challenge with the section 104 order is the length of time that it would take for the process and for it to be agreed. In one example, it was estimated that that would take about a year and a half. That was in relation to the Trusts and Succession (Scotland) Bill, which is now the Trusts and Succession (Scotland) Act 2024.

There could be a situation where some aspects are still operating under the old law and other aspects are operating under the law that we passed in December. Would that provide any complications for you if that type of situation were to play out?

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 30 April 2024

Stuart McMillan

Under agenda item 4, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

There is no standard process that could be put in place to provide support with the removal of the judicial factor.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I see that there are no further questions from colleagues.

The panel has been asked a variety of questions, but are there any points that have not been touched on but which the panellists would like to put on the record?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Agenda item 9 is an evidence session on the Judicial Factors (Scotland) Bill. Our first witness is Josie Allan, head of policy and partnerships at Missing People. Welcome, Josie. You need not worry about turning on your microphone during the session as it is controlled by broadcasting. Please do not feel that you need to answer every question; simply indicate if something is not for you to respond to. Finally, after the meeting, please feel free to follow up in writing your response to any question, if you wish.

I will start the questions. Can you tell us a bit more about your organisation and the role that it plays in supporting those affected by people having gone missing?