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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 17 July 2025
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Displaying 1472 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

That is fine.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

I do not see any difficulties with the report on serious misconduct by a solicitor acting as a judicial factor being sent to the Law Society, because my understanding is that, if there was a complaint, it would be sent to the Law Society in the first instance and then to the SLCC.

The Law Society advised my officials that, under the provisions of bill, if the accountant were to report serious misconduct by a solicitor, the Law Society would pass that on to the SLCC as a matter of practice, and there is nothing in the bill that would prevent the accountant from sending a copy of the report to the SLCC as well.

However, I will consider the matter further to see whether what would happen in practice could be more accurately reflected in the bill.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

Currently, if someone has a complaint against a judicial factor, they can raise that directly with the judicial factor or with the Accountant of Court, given the accountant’s supervisory role. That will continue under the bill, with the accountant being required to investigate any concerns in relation to judicial factors acting.

The bill also gives the accountant a power to issue directions to the judicial factor and, further, if the accountant concludes that there has been serious misconduct or material failure, they must refer the matter to the court to be dealt with. Most judicial factors are members of a regulated profession, and that is another way for complaints to be heard.

The committee has heard from a number of stakeholders, and there does not seem to be any support for a new complaints procedure to be set out in the bill. I consider the current approach to be a practical and sensible way to deal with complaints at the moment.

Does Michael Paparakis want to add anything?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

Yes. The Regulation of Legal Services (Scotland) Bill team is working on amendments with the Law Society and other MSPs to address that concern. I am comfortable that that bill will address the specific issue.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Siobhian Brown

I note that we recently hosted Lady Paton, who came here with people from all over the UK to show them around the Parliament. They were really impressed that we had the committee, which enables scrutiny of the proposals that are put forward. That is positive.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Yes, absolutely. When my predecessor in post originally wrote to the committee, and when the petition was first lodged, the legislation was under review. However, as I said in my opening statement, there has been quite a significant development in the past couple of months, which is why we think that it is quite timely that we move forward with consultation.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Yes, we will cover every aspect.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

The task force includes representatives from the UK Government and the EU, and I know that Scottish officials are part of it, too. By itself, legislation would not address all the potential issues that SLAPPs raise. There needs to be more of a holistic approach, which is why we are working with the task force.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

I will bring in Michael Paparakis to answer that question.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 May 2024

Siobhian Brown

Yes, we do take it seriously. Globally and historically, there has been evidence that SLAPPs have been an issue. As I said, we have seen action being taken in Europe and the rest of the UK, so it is time for the Scottish Government to act on the matter. I take your point that this is an old petition, but we are moving forward. Consultation will happen this autumn, but I cannot give a specific date at this time. It will run for 12 weeks, and then we will look at the responses and take it from there. I cannot predict what the Cabinet might suggest regarding legislation.