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: 26 September 2023
Oliver Mundell
Is there still a firm commitment to introduce one bill in year 4 and one in year 5?
Delegated Powers and Law Reform Committee
Meeting date: 26 September 2023
Oliver Mundell
That would be great. I appreciate what you say but, given some of the previous issues, we would also appreciate any background that you can provide on the work that the Scottish Government has done, as it is some time since the consultation on the proposal took place. It would be good to hear what has been going on in the background.
Delegated Powers and Law Reform Committee
Meeting date: 26 September 2023
Oliver Mundell
Looking beyond the proposed bill on judicial factors, you will be aware that the Minister for Victims and Community Safety recently wrote to Lady Paton, the chair of the SLC, committing Scottish Government officials to undertake “detailed work” on the SLC’s report on an approved scheme for financial provision and cohabitation breakdown, its “Report on Aspects of Leases: Termination” and its “Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses”. I understand what you have said to my colleague Jeremy Balfour about not being able to look too far into the future, but I would be interested to hear your view on whether those bills might come to the committee through the rest of the parliamentary session.
Delegated Powers and Law Reform Committee
Meeting date: 26 September 2023
Oliver Mundell
That is helpful. I will push back and say that you might have anticipated that the committee might ask about the proposed bill today. The SLC bills are not particularly controversial when you look at the headline subject but, although they are not politically controversial, there are a lot of considerations in them, as there are with any legislation. We want to be satisfied that the Government has done the work behind the scenes to ensure that the consultation on the original proposal is still relevant and up to date, because that will allow us to move much more quickly once the bill arrives.
Delegated Powers and Law Reform Committee
Meeting date: 26 September 2023
Oliver Mundell
I want to ask about primary legislation. As the minister will be aware, the recent programme for government committed to introducing a bill on judicial factors, which would be based on a Scottish Law Commission report. Given that part of the committee’s remit is to look at certain bills that are based on reports from the SLC, can you give the committee an indication of current thinking on timescales for the bill and whether it meets the criteria for an SLC bill?
Delegated Powers and Law Reform Committee
Meeting date: 26 September 2023
Oliver Mundell
Do you accept that the approach means that committee members cannot amend the legislation? When the detail is held back, the scope for amending legislation is limited.
Delegated Powers and Law Reform Committee
Meeting date: 26 September 2023
Oliver Mundell
That is positive to hear because, although no one ever wants to create more work for themselves, those proposals cover important areas that are often overlooked by the Parliament.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Oliver Mundell
Let me push a little further on this question. I am, as I have said in previous questioning, concerned by the Law Society’s written submission. It describes this provision as “radical” with “real issues”, saying that it is not standard and that it creates
“a severe danger of a conflict of interest”.
The Law Society comments on a wide range of legislation before the Parliament, and by its own standards that is pretty strongly worded. Obviously, it is a very significant stakeholder, and I am struggling to get comfortable with the provision, given such strongly worded concerns.
As drafted, the provision does not reach a compromise that the Law Society is comfortable with. I would have thought that the Government might want to look at whether the compromise that the Law Commission has arrived at is the right one, or whether there is room to find something better. That issue should not be left to the committee or to others; the Government itself could take a more proactive role in finding something that all stakeholders can agree with.
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Oliver Mundell
Are you happy to approach the Law Society directly about wording?
Delegated Powers and Law Reform Committee
Meeting date: 6 June 2023
Oliver Mundell
Okay.
The Faculty of Advocates and numerous other legal stakeholders have said that they think that the power in section 67 to give direction to the court needs to be much wider than it currently is. Having heard those views, do you agree that it would be useful to add to the bill a general power to give directions?