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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 19 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

When Missing People gave evidence to the committee, it explicitly said that having a reference in the bill would assist matters. It was supportive of the strengthening of guidance, but it made it clear that it wants the bill to refer specifically to the issue. Its argument was not about ensuring that only one group of individuals would be highlighted in the bill; instead, it was attempting to highlight a group of individuals who are very much at the margins in order to assist them. After all, every single case will be different.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Minister, in your opening statement, you touched on the section 104 process, and you indicated that discussions are already under way on that. As you are aware, section 104 has been a recurring theme in the SLC bills that the committee has looked at in the current session. Will you clarify whether the Scottish Government wants the information-gathering powers to extend to private sector bodies that are based elsewhere in the UK, such as banks and building societies?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Has there been any dialogue between you and the Secretary of State for Scotland on a section 104 order?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Do you consider that a section 104 order would apply sections 12 and 39 of the bill across the UK? If so, what timescale do you anticipate for that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Thank you.

10:15  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Sure; no problem. We will suspend briefly.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Do you have any further questions, Mr Eagle?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

I will move on. In response to the committee’s call for views, the Faculty of Procurators of Caithness said that it thought that there should be a specific provision for an interested person or organisation

“to raise concerns about the Judicial Factors management of the estate.”

It proposed that concerns should be raised first with the Accountant of Court and that, if a party was unsatisfied with the outcome, there would then be a role for the court.

A number of witnesses have suggested that various complaints procedures already exist in practice and that the bill says all that is necessary on the subject. Does the Scottish Government think that the complaints process needs to be made clearer—either in the bill or in some other way?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

As has been discussed today and in previous sessions, somebody who becomes a judicial factor does not necessarily have to be from a regulated profession. When Missing People appeared before the committee last week, its representative said that they felt that it was not clear from the bill what the complaints procedure is—for example, if one family member of a missing person has concerns about how another family member is operating as a judicial factor. They also felt that, although setting out the complaints procedure would be helpful, it did not need to appear in the bill but, instead, could appear in guidance. From their evidence, the consideration would be that, when a missing person is involved, not every judicial factor is from a regulated profession—they could be a family member. Will you consider those concerns with regard to guidance?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 7 May 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.