The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2524 contributions
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Does either of the other witnesses want to come in on that?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Thank you. I know that Foysol Choudhury had indicated that he wanted to come in, but I think that his area of questioning has already been covered.
We have no further questions, so I invite our witnesses to make any points that have not been covered so far.
As no one wishes to make any further points, I thank our witnesses for coming to today’s meeting. If any more points occur to anyone after today’s meeting, they can make the committee aware of them in writing.
11:55 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Agenda item 3 is consideration of an instrument that is subject to affirmative procedure. No points have been raised on the instrument. Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
That concludes the public part of the meeting.
11:57 Meeting continued in private until 12:16.Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Thank you. The next questions will be asked by Tim Eagle.
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
That is helpful—thank you.
10:00Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
On that point, then, would it be worth while for it to be registered in both registers?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Over the past 10 years, the Accountant of Court has registered 77 new cases. Of those, 44 have now been concluded, with the average case length being 37 months, and the median length of a judicial factor’s appointment over the period being 31 months. If the bill—amended or otherwise—completes the parliamentary process, do you think that the legislation would make that process quicker or longer, and do you think that more judicial factors might be implemented as a consequence of the bill?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
Before I bring Oliver Mundell back in, I note that you gave the example of HMRC. Are there any other departments with which there have been challenges and delays in getting information?
Delegated Powers and Law Reform Committee
Meeting date: 23 April 2024
Stuart McMillan
In response to the committee’s call for views, the Faculty of Procurators of Caithness said:
“There should be a specific provision for an interested party to raise concerns about the Judicial Factors administration of the estate.”
It proposed that
“in the first instance this should be with the Accountant of Court”
and that if the interested person or organisation were unsatisfied with the outcome, there would then be a role for the court. When the Scottish Law Commission appeared before the committee last week, it was decidedly unsure about the policy merits of that idea. What do witnesses think of that proposal? Can you identify any benefits of or drawbacks to that suggestion?