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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: 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

Judicial Factors (Scotland) Bill: Stage 1

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.  

11:28 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 16 April 2024

Stuart McMillan

Is the committee content with the Scottish Government’s explanation for that breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Stuart McMillan

McClure Solicitors was a Greenock-based firm with 14 offices across the UK that went into liquidation in 2021. I have had discussions with a range of constituents and with individuals from the legal fraternity who have reached out to me. One question that has consistently been asked is why the Law Society would not have appointed a judicial factor to deal with McClure’s.

McClure’s had an estimated 19,000 individuals with trusts, about 63,000 wills and more than 20,000 powers of attorney, so it had a lot of clients. The question that has consistently been put is why a judicial factor was not appointed. I have met the Law Society, which has given me an explanation as to why no judicial factor was appointed. That explanation seemed to be fair and rational, but in the circumstances that I have just outlined, based on your past experience, do you think that it would have been worth considering the appointment of a judicial factor?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 26 March 2024

Stuart McMillan

The next item of business is to decide whether to take items 5, 6 and 7 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 26 March 2024

Stuart McMillan

Thank you very much. I welcome you to the committee and I look forward to working with you.

Before we move on to the next item on the agenda, I take this opportunity, on behalf of the committee, to thank Jeremy Balfour MSP for his hard-working contribution to the committee. Jeremy recognised the importance of the committee’s work and he worked diligently as a committee member. It is fair to say that he made a hugely valuable contribution to the committee in his time here. I think that we would all like to wish Jeremy well in the future.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 March 2024

Stuart McMillan

Under agenda item 3, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 March 2024

Stuart McMillan

I believe that Oliver Mundell would like to make a contribution.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 26 March 2024

Stuart McMillan

Good morning, and welcome to the 11th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off or put to silent mobile phones and other electronic devices.

The first item of business is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Tim Eagle MSP to declare any interests that are relevant to the remit of the committee.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 March 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.