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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 5 May 2021
  6. Current session: 12 May 2021 to 21 August 2025
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Displaying 502 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

Academics from the University of Aberdeen and Abertay University, as well as R3, all said that the fiduciary nature of the judicial factor’s duties needed to be spelled out explicitly in legislation. Professor Grier also thought that a clear statement was needed as to the legal remedies if there were a breach of those duties. Does the commission have a view on that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

So you would not think it appropriate in this case.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

Thank you. In response to the committee’s call for views, the Law Society made the opposite challenge and thought that the bill’s requirements in section 15, on the duty to make a management plan, and section 16, on the duty to submit accounts to the Accountant of Court—I hope that my notes are right on this—were more prescriptive than those of the commission’s draft bill. Is the bill more prescriptive than the commission had in mind?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

My question follows on from what you said before. You said that although it does not happen all the time, the Law Society has to step in, or put a judicial factor in place, regrettably often. In the light of the McClure case and others, is there a conflict between the Law Society regulating the work of solicitors and it putting a factor in place to take over when something goes wrong? Was that considered in how the bill was drafted?

The bill seeks to consolidate the law, but there are still other pieces of legislation on the statute book that provide the power to appoint a judicial factor in specific circumstances. Was any thought given to bringing all that into this bill? Why did you not do that? As a result of that, are there still situations in which the responsibility for appointing a judicial factor is not as clear as it could be?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

You could have modified them.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

That is helpful. You felt that changing those provisions in other legislation was out of scope for this bill, as it would have widened it beyond your interest.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Oliver Mundell

I think that the Faculty of Advocates was saying in its submission that, after someone is appointed, there could be a dispute about how they are carrying out their functions and that, in those circumstances, it might be helpful for that individual to be able to go back to the court and seek clarification that what they are doing is in order and consistent with the powers that they were appointed to use.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 March 2024

Oliver Mundell

Thank you, convener. I want to place on the record that I remain strongly opposed to the Hate Crime and Public Order (Scotland) Act 2021. I think that the legislation undermines free speech and I believe that it should not be subject to commencement when serious concerns remain about how it will be policed in practice.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 20 March 2024

Oliver Mundell

To be honest, I am appalled by that answer. I understand why the report was commissioned, but I do not think that it is consistent with what the then Deputy First Minister and Cabinet Secretary for Education and Skills said as the bill went through Parliament. I was on and off the Education and Skills Committee throughout that time. He acknowledged that it was unlikely that documentary evidence would be available in every circumstance. He did not talk about certainty; he talked about the balance of probabilities. He offered repeated reassurances that people would be believed and that the principle would be that, where survivors came forward and offered testimony, it would be taken as fact, not that it would be questioned.

The second thing that I find pretty hard to swallow, given that it was discussed during the passage of the bill, is the relationship between parents and the local authority that has been presented. It is not true; it was not factually correct then and it is still not correct to this day. Local authorities, through social work and education, wield a huge amount of authority over families. When they suggest things and direct things, vulnerable families feel under pressure to accept them. It is not a relationship of equals and it is wrong to categorise it in that way. Given what we hear from survivors, I had hoped that we would be looking to find a way to say yes rather than finding reasons to say no.

I am interested in what the Deputy First Minister has to say on the commitments that were given through the bill and on the relationship between parents and local authorities that she has set out. Even now in 2024, that is not my experience of what it is like for many families in my constituency.