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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: 30 April 2024

Stuart McMillan

So the situation is not very common.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

You have just highlighted another example of the impossibility of any Parliament, Government or politician legislating for every potential in life.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Our second panel of witnesses are from the Scottish Courts and Tribunals Service. I welcome Raish Allan, who is the judicial factory case manager; Tim Barraclough, who is the executive director for tribunals and the Office of the Public Guardian; and Fiona Brown, who is the public guardian and the Accountant of Court.

I remind attendees not to worry about turning on their microphones, as that will be dealt with by the broadcasting team. If panel members would like to come in on any question, they should raise their hand or indicate to the clerks. There is no need for all of you to answer every question; simply indicate that you do not need to respond to it. However, if you would like to come back to the committee after the meeting, you may do so in writing. We move to questions.

Before we get into questions on specific issues in the bill, will you tell us a little bit about the office of the Accountant of Court. Why did the office come into being and how long has it been in existence? Currently, what responsibilities are associated with that role?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

How common is it for people who have been missing for quite some time and have reappeared to go missing again at some point after they have reappeared? I am thinking of what you have just said with regard to Oliver Mundell’s question and the discussion that we had beforehand.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

On how many occasions has a judicial factor or guardianship been put in place in England and Wales under existing legislation?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I will follow up that point. On the timescale, you indicated that, when a person who might have been missing for quite some time reappears, a rushed process to remove the judicial factor might not be in their best interests. Having flexibility is therefore really important because, fundamentally, it protects the person who was missing.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I assume that support will differ on every single occasion, because everyone is different.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I can see the challenge if someone reappeared and was fine to take on the management of their finances and their estate again, and I can see the concern about the judicial factor being wound up in a quick process. The flipside of that is not wanting a judicial factor to be in place for an overly long period, while having an element of caution to get the best possible outcome for the person who has reappeared.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

With that, I thank the panel once again for their attendance today and for answering our questions—your evidence has been extremely helpful. The committee might follow up in writing with some further questions, and you also indicated that you were going to come back on a few things, too, so we will get that response from you in due course. Thank you very much once again.

That concludes the public part of the meeting. We now move into private session.

12:04 Meeting continued in private until 12:15.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Thank you. I call Oliver Mundell.