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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

Instrument subject to Negative Procedure

Meeting date: 7 May 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 7 May 2024

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 5, we will take evidence on the Judicial Factors (Scotland) Bill from Siobhian Brown MSP, the Minister for Victims and Community Safety. The minister is accompanied by two Scottish Government officials: Michael Paparakis, policy and bill programme manager, and Megan Stefaniak from the legal directorate.

I welcome you all to the meeting. I remind you not to worry about turning your microphones on, as that will be done for you automatically. Before we move to questions, I invite the minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

When Missing People was before the committee, it raised the interesting issue of the purpose of a judicial factor appointment in the context of the estate of a missing person. It pointed out that what a missing person might have done with their estate—for example, providing support for elderly relatives—might not always coincide with what is in the best interests of the estate, such as the conservation of funds. Will you provide further clarification on which approaches a judicial factor can take if there is such conflict? Is there a need for a specific legislative statement in the context of missing people?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

It would be useful if you could keep the committee updated on any progress on that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Do colleagues have any further questions?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Tim Eagle has some questions.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

I call Bill Kidd.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

On that particular area, the minister is very much aware that we have had dialogue in the past regarding McClure Solicitors in my constituency. One of the main concerns from constituents—and others outside the Greenock and Inverclyde constituency—was the fact that a judicial factor was not put in place. I am very much aware of the other legislation—the Regulation of Legal Services (Scotland) Bill—that is going through Parliament at the moment. Whether they are amended or not, if the two bills pass through the parliamentary process, I like to think that there will be some clarity in the future. If a similar situation were to arise again in the future, it would be a clearer process for everyone to see and understand, as compared with the sense of confusion for people who have been affected by the McClure case.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

I am sure that I can speak for all colleagues on this issue, which has certainly come up in the past. Mr Eagle is a new member of the Parliament and of the committee. The committee is always happy to oblige when it comes to SLC reports and legislation. The valuable work that we have undertaken in this and the previous session shows the level of scrutiny that we give to legislation. We are always happy to have more.

As there are no further questions from colleagues, and as the minister has nothing to add, I thank her and her officials for their evidence. The committee may follow up by letter with any additional questions that stem from the meeting.

11:20 Meeting continued in private until 11:49.