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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

Instruments subject to Affirmative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Is the committee content with those instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 16 April 2024

Stuart McMillan

The instrument amends the Local Government (Scotland) Act 1973 to add Denmark to the list of countries whose citizens are eligible to stand for election as members of a local authority in Scotland if they have leave to enter or remain in the United Kingdom.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement as it was laid on 26 March 2024 and comes into force on 7 May 2024.??

In correspondence with the Presiding Officer, the Scottish Government explained that that breach had occurred as it could not lawfully make regulations to implement the treaty until after the UK Parliament completed its scrutiny process, which ended on 25 March. The treaty is expected to come into force on 7 May, at which point the provision in the instrument must be in place to comply with the UK’s international obligations.

As the instrument has not been laid at least 28 counting days before it came into force as required by section 28(2) of the 2010 act, does the committee wish to draw it to the attention of the Parliament on reporting ground (j) for failure to comply with laying requirements???

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 16 April 2024

Stuart McMillan

With that, I move the committee into private.

11:30 Meeting continued in private until 11:48.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We also received evidence from the Faculty of Procurators of Caithness. In its submission, it states:

“We are firmly of the view that whatever other provisions may be made, the Judicial Factor should be wholly independent of the Law Society of Scotland, and there should be explicit prohibition of any current officer or employee of the Law Society of Scotland being appointed as the Judicial Factor”.

Do you agree with that suggestion?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

We move on to section 4 of the bill, under which the main qualification that is required for appointment as a judicial factor is that the court considers a person “suitable” for that role. In response to the committee’s call for views, some respondents, such as Missing People, supported that approach. Others wanted the bill to be more prescriptive. Propertymark, for example, wanted professional qualifications to be specified. Did the commission consider an approach that would involve specifying in statute that professional qualifications would be required for some circumstances in which judicial factors were appointed, but not others?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have one final question in this area. I assume that you are aware of the situation that arose with McClure Solicitors.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

Before we move on, and I hesitate to ask this question, but, particularly in respect of that area, would a section 104 order be made use of?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

I have a final question on that, out of interest. That one example, at 25 years, is a long period of time. I do not think that anyone would have anticipated that length of time. Do you have any figures to hand on the average length of time that a judicial factory would be in place?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

That would be very helpful, and we could consider that further. Thank you.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 16 April 2024

Stuart McMillan

Good morning, and welcome to the 12th meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Tim Eagle MSP. In his place, I welcome Alexander Stewart MSP.

I remind everyone to switch off or silence their mobile phones and other electronic devices, please.

The first item of business is a declaration of interests. In accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Alexander Stewart to declare any interests that are relevant to the committee’s remit.