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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 13 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: 23 April 2024

Stuart McMillan

Thank you very much for that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

I did not think that you would, but I thought that I would give you the opportunity.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Stuart McMillan

We could raise that point with the lead committee.

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. Bill Kidd has the next question.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you for that. I appreciate the challenge that you have in dealing with the firm, but what you have said is now on the record.

I have been approached by many solicitors from across the country who have expressed their concern and anger at what has happened, because they feel that it has had an adverse effect on the wider sector. Clearly, fees will go up in order to pay for what has happened, but there is also a feeling that the Law Society has not fully explained the process as to why a judicial factor was not appointed at that particular point. However, what you have said is on the record and might or might not appease some of the folk who have expressed their concerns and thoughts to me.

Going back to the 1980 act, the Law Society of Scotland said in its response to both the 2019 Scottish Government consultation and the committee’s call for views that it would like additional powers to deal with “incorporated practices”, and that those powers could be achieved by way of an amendment to the bill. For the benefit of the record, what is the issue arising here, and what powers would the Law Society of Scotland like in order to address it?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

The bill is very technical, as is much of the legislation that this committee looks at, and the vast majority of the population might not engage with what happens here. However, now and again, there will be an incident that makes the legislation quite real for many people. One such incident was the collapse of the law firm, McClure Solicitors, and the various issues that have arisen from that. I have taken a great deal of interest in that because the company was based in my constituency. To help the committee to connect the bill to real-life examples, can the Law Society explain why a judicial factor was not appointed to deal with the issues arising from the collapse of McClure’s?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Back to you, Oliver.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Does anyone else want to comment on that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

I have a supplementary question on that point. Have you seen a marked change in the situation in the past 10, 15 or 20 years?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Is there a particular reason that this has happened?