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: 16 April 2024
Stuart McMillan
Agenda item 5 is consideration of an instrument subject to the negative procedure. An issue has been raised on the instrument.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
?
Agenda item 6 is consideration of two instruments not subject to any parliamentary procedure, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Is the committee content with the instruments???
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Charles Garland, would you like to come in?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Oliver, before you continue, I would like to follow on from that point.
If a judicial factor were in place for a long time, notwithstanding Oliver Mundell’s question about the ESG investment power, would the bill as it stands provide them with flexibility to consider other investments or other ways to invest? Alternatively, should an amendment be lodged to provide the ESG power, would that be helpful?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Okay. We can look into that.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Under agenda item 3, we will take evidence on the Judicial Factors (Scotland) Bill. I welcome Patrick Layden KC TD, who is former lead commissioner at the Scottish Law Commission, and Charles Garland, who is interim chief executive of the Scottish Law Commission.
I remind the attendees not to worry about turning on their microphones, as they are controlled by broadcasting. If you would like to come in on any question, please raise your hand to catch my eye or indicate to the clerks.
Before we move to questions, I invite Patrick Layden to make some brief opening remarks.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
In response to the committee’s call for views, the Faculty of Procurators of Caithness said that there should be a specific procedure for an interested person or organisation to raise concerns about a judicial factor’s management of an estate. Those concerns would first be raised to the accountant and, if the outcome was unsatisfactory, there would then be a role for the court. What does the commission think of that proposal and can you identify its benefits and drawbacks?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
This is the final question. You have said a number of things about the bill as it stands, and there are obviously some differences between the bill and the SLC report. Do you have any final comments or considerations on the views expressed by the stakeholders in relation to the bill?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Thank you for that. As colleagues have no further questions and witnesses do not wish to make any further comments, I thank both Patrick Layden and Charles Garland for their helpful evidence.
The committee may follow up by letter with any additional questions stemming from the meeting. If witnesses wish to add anything after the meeting, they are most welcome to do so, and they should please do so in writing.
I will suspend the meeting briefly to allow our witnesses to leave the room.
11:24 Meeting suspended.