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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 15 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: 23 April 2024

Stuart McMillan

Under agenda item 2, we will take evidence on the Judicial Factors (Scotland) Bill at stage 1. I welcome our first panel. Morna Grandison is director of interventions at the Law Society of Scotland, Gavin MacColl KC is from the Faculty of Advocates, Dr Alisdair MacPherson is senior lecturer in commercial law at the University of Aberdeen, and Professor Gareth Morgan is from the Charity Law Association.

Thank you for joining us. I remind you not to worry about turning on the microphones, as that will be done automatically for you. When you would like to comment in response to a question, please raise your hand or indicate to the clerks. There is no need to answer every question; you can simply indicate that a question is not for you to respond to. However, please feel free to follow up on any question in writing after the meeting, if you wish.

Before we get into the specifics, will you tell us briefly and in general terms what you think about the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

We should also bear in mind that a small number of individuals will be practising this, and they will be expert in this particular area of law.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Does anyone else want to come in on this?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you very much for that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

I did not think that you would, but I thought that I would give you the opportunity.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Stuart McMillan

We could raise that point with the lead committee.

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. Bill Kidd has the next question.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you for that. I appreciate the challenge that you have in dealing with the firm, but what you have said is now on the record.

I have been approached by many solicitors from across the country who have expressed their concern and anger at what has happened, because they feel that it has had an adverse effect on the wider sector. Clearly, fees will go up in order to pay for what has happened, but there is also a feeling that the Law Society has not fully explained the process as to why a judicial factor was not appointed at that particular point. However, what you have said is on the record and might or might not appease some of the folk who have expressed their concerns and thoughts to me.

Going back to the 1980 act, the Law Society of Scotland said in its response to both the 2019 Scottish Government consultation and the committee’s call for views that it would like additional powers to deal with “incorporated practices”, and that those powers could be achieved by way of an amendment to the bill. For the benefit of the record, what is the issue arising here, and what powers would the Law Society of Scotland like in order to address it?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

The bill is very technical, as is much of the legislation that this committee looks at, and the vast majority of the population might not engage with what happens here. However, now and again, there will be an incident that makes the legislation quite real for many people. One such incident was the collapse of the law firm, McClure Solicitors, and the various issues that have arisen from that. I have taken a great deal of interest in that because the company was based in my constituency. To help the committee to connect the bill to real-life examples, can the Law Society explain why a judicial factor was not appointed to deal with the issues arising from the collapse of McClure’s?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Back to you, Oliver.