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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 4 May 2021
  6. Current session: 13 May 2021 to 8 February 2026
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Displaying 2464 contributions

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 16 April 2024

Stuart McMillan

With that, I move the committee into private.

11:30 Meeting continued in private until 11:48.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We also received evidence from the Faculty of Procurators of Caithness. In its submission, it states:

“We are firmly of the view that whatever other provisions may be made, the Judicial Factor should be wholly independent of the Law Society of Scotland, and there should be explicit prohibition of any current officer or employee of the Law Society of Scotland being appointed as the Judicial Factor”.

Do you agree with that suggestion?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We move on to section 4 of the bill, under which the main qualification that is required for appointment as a judicial factor is that the court considers a person “suitable” for that role. In response to the committee’s call for views, some respondents, such as Missing People, supported that approach. Others wanted the bill to be more prescriptive. Propertymark, for example, wanted professional qualifications to be specified. Did the commission consider an approach that would involve specifying in statute that professional qualifications would be required for some circumstances in which judicial factors were appointed, but not others?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have one final question in this area. I assume that you are aware of the situation that arose with McClure Solicitors.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Before we move on, and I hesitate to ask this question, but, particularly in respect of that area, would a section 104 order be made use of?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have a final question on that, out of interest. That one example, at 25 years, is a long period of time. I do not think that anyone would have anticipated that length of time. Do you have any figures to hand on the average length of time that a judicial factory would be in place?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

That would be very helpful, and we could consider that further. Thank you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 16 April 2024

Stuart McMillan

Good morning, and welcome to the 12th meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Tim Eagle MSP. In his place, I welcome Alexander Stewart MSP.

I remind everyone to switch off or silence their mobile phones and other electronic devices, please.

The first item of business is a declaration of interests. In accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Alexander Stewart to declare any interests that are relevant to the committee’s remit.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 16 April 2024

Stuart McMillan

The next item of business is to decide whether to take items 7 and 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Thank you for that, Mr Layden. You have already answered my opening question, but I will ask one thing as an opening for the committee. The Scottish Law Commission has suggested some changes to the draft bill. Are you content that the bill still follows the ethos and the wider considerations of the SLC’s work?