The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 548 contributions
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
On that point, are you envisaging that the people who are in the single figures would also be doing work for the Office of the Public Guardian and would not be specialising just in the—
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
I think that my question has largely been covered in that exchange, but how would a return be defined? Would, say, a brief encounter with a person or their getting back in touch bring the judicial factory to an end? After all, people sometimes make contact and then drift away again. How would you define a person being back in touch sufficiently to take over their own affairs?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
And they do not make the actual judgment.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
Your organisation’s response to the committee’s call for views says that Missing People supports the broad conditions for the appointment of a judicial factor, as set out in section 3 of the bill, but that you have some practical concerns about the application of section 3 in a situation where a person is missing. For the benefit of the record, please say a little more about those concerns. Are you seeking to have those concerns resolved by having more information in the bill itself, or would it be sufficient for your purposes to have accompanying guidance for the legislation?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
I guess that takes us back to thinking about whether the bill needs to be amended or whether there needs to be additional guidance in relation to missing people.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
So, there is not a sufficient quantity of work that would stretch beyond the capacity that Fiona Brown or whoever was holding that role would have. That is effectively what you are saying.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
In response to the committee’s call for views, the Sheriffs and Summary Sheriffs Association said that it thought that the appointment of the accountant should be made not by the SCTS directly but by the Lord President. Do you have a view on that proposal?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
That is helpful. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
That is helpful.
I do not think that this is necessarily a fair question for you, but I will put it to you. In a previous evidence session, we heard the suggestion that the judicial factor might be able to go back to the appointing court and seek advice. Do you think that having that provision would be helpful in those sorts of difficult circumstances?