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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 14 September 2025
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Displaying 2246 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

I will move on. In response to the committee’s call for views, the Faculty of Procurators of Caithness said that it thought that there should be a specific provision for an interested person or organisation

“to raise concerns about the Judicial Factors management of the estate.”

It proposed that concerns should be raised first with the Accountant of Court and that, if a party was unsatisfied with the outcome, there would then be a role for the court.

A number of witnesses have suggested that various complaints procedures already exist in practice and that the bill says all that is necessary on the subject. Does the Scottish Government think that the complaints process needs to be made clearer—either in the bill or in some other way?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

As has been discussed today and in previous sessions, somebody who becomes a judicial factor does not necessarily have to be from a regulated profession. When Missing People appeared before the committee last week, its representative said that they felt that it was not clear from the bill what the complaints procedure is—for example, if one family member of a missing person has concerns about how another family member is operating as a judicial factor. They also felt that, although setting out the complaints procedure would be helpful, it did not need to appear in the bill but, instead, could appear in guidance. From their evidence, the consideration would be that, when a missing person is involved, not every judicial factor is from a regulated profession—they could be a family member. Will you consider those concerns with regard to guidance?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Tim Eagle has some questions.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

I call Bill Kidd.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

On that particular area, the minister is very much aware that we have had dialogue in the past regarding McClure Solicitors in my constituency. One of the main concerns from constituents—and others outside the Greenock and Inverclyde constituency—was the fact that a judicial factor was not put in place. I am very much aware of the other legislation—the Regulation of Legal Services (Scotland) Bill—that is going through Parliament at the moment. Whether they are amended or not, if the two bills pass through the parliamentary process, I like to think that there will be some clarity in the future. If a similar situation were to arise again in the future, it would be a clearer process for everyone to see and understand, as compared with the sense of confusion for people who have been affected by the McClure case.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

I am sure that I can speak for all colleagues on this issue, which has certainly come up in the past. Mr Eagle is a new member of the Parliament and of the committee. The committee is always happy to oblige when it comes to SLC reports and legislation. The valuable work that we have undertaken in this and the previous session shows the level of scrutiny that we give to legislation. We are always happy to have more.

As there are no further questions from colleagues, and as the minister has nothing to add, I thank her and her officials for their evidence. The committee may follow up by letter with any additional questions that stem from the meeting.

11:20 Meeting continued in private until 11:49.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 7 May 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 7 May 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 4, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 5, we will take evidence on the Judicial Factors (Scotland) Bill from Siobhian Brown MSP, the Minister for Victims and Community Safety. The minister is accompanied by two Scottish Government officials: Michael Paparakis, policy and bill programme manager, and Megan Stefaniak from the legal directorate.

I welcome you all to the meeting. I remind you not to worry about turning your microphones on, as that will be done for you automatically. Before we move to questions, I invite the minister to make some opening remarks.