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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 August 2025
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Displaying 403 contributions

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Rural Affairs and Islands Committee

Agriculture and Rural Communities (Scotland) Bill: Stage 2

Meeting date: 8 May 2024

Tim Eagle

I accept what the cabinet secretary said about review and consultation, so I will not move the amendment.

Amendment 124 not moved.

Amendment 36 moved—[Colin Smyth].

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Up until about a month ago, I did not know what the register of inhibitions was. I do now, and we have been having quite the debate on whether that is the correct place to give notice of the appointment of judicial factors. Various people who have been in front of us have debated that issue. Most would probably agree that that is not 100 per cent the right place, but there was concern about the cost of setting up a completely new location for that information. There was also concern about the public’s ability to search the register of inhibitions. Having listened to that evidence, do you have any thoughts on whether the register is the right place to put that information?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

I clarify that the concern with the register of inhibitions is that it is not easily searchable by members of the public. However, you are content that that is the most cost-effective way of recording the appointment of judicial factors and that support is in place such that a member of the public will be able to search the register if they want to do so.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

I have a couple of relatively specific questions around section 38(4). The first question is around the requirement for the accountant to refer a judicial factor to their “professional body”. Can you clarify for the committee whether the professional body for solicitors is the Scottish Legal Complaints Commission or the Law Society of Scotland?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

I have a quick general question that has come to mind as various of the witnesses have been speaking. Pretty much all of them welcomed the update under the Judicial Factors (Scotland) Bill. One referred to a couple of paragraphs in a Victorian bill that referred to the old judicial factors. I read in previous notes that the Scottish Law Commission first published a discussion paper on this in 2010, with full recommendations in 2013. We are now in 2024. Is it normal for law reform to take that long? Is there an issue there? Can we do something to speed up law reform in Scotland more generally?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

The Faculty of Advocates, with support from the centre for Scots law, has said to the committee that it would be useful to give the judicial factor an additional power in part 2 of the bill to seek directions from the appointing court. However, other stakeholders’ views on that have been more mixed. There is some suggestion that the court already has the powers that it needs in the bill.

Having heard all the views that have been expressed to the committee, what is your position on that? Would you be open to amending the bill in such a way as the Faculty of Advocates suggests?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

That is good, because there was a concern that the SLCC should be the first point of call. However, if you have spoken to the Law Society and it has said that it would pass the report on, that is fine.

My second question is also about section 38(4). The accountant must refer a judicial factor to their professional body, but that is before any potential misconduct has been determined by the court. There was a concern that that does not seem a fair way around it; instead, the court should decide first and, if an issue has occurred, that would be referred on to the professional body.

Is the minister still of the view that that subsection is framed correctly? Would you like to comment on that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Good morning, minister, and thank you for coming in. When the Charity Law Association was here, it commented that it does not think that the bill as drafted would really help in the case of charities. It wants new provisions in the bill that will specifically help with that. However, when the commission came in, it said that, rather than having new provisions, we could amend the current provisions of the bill. Do you have any thoughts on that or on how we could help in relation to the Charity Law Association’s point?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

No: what I have heard explains the matter. There was quite a lot of discussion about the register, but the explanations that have been given make sense to me.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

You may need to educate me on how to pronounce this word correctly. With regard to the fiduciary—there we go—nature of the judicial factor’s duties, there was a discussion on whether those need to be explicitly laid out in the bill.

Some argued that the context was self-evident in the bill, while others said that those duties could be laid out more widely. What is the Scottish Government’s view on that? Would you be open to amending the bill if you thought that that would be worth while?

10:45