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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 7 February 2026
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Displaying 529 contributions

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Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

That is a fair point. It is all about how we police such matters, where we draw the line between people’s beliefs and the reasons why they are standing, and how we identify where those things come from and what is motivating them. Your response was helpful and meaningful.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

It is a brief supplementary, convener.

Minister, you say that you are willing to work with people on the issue. I will gently push you on that. On some of these issues, it is for the Government to show leadership and not to leave the matter to committees or to individuals to push it forward.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

There is a distinction. On some issues, you would expect to take soundings but, on others, the public would expect the Government to take a lead.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

Thank you, convener, and good morning, minister. The committee has heard from a range of stakeholders on the extension of candidacy rights to individuals with limited leave to remain. Although there is support in large part for the principle, there are concerns about the practical implications, and it has been suggested to the committee that individuals could qualify for candidacy only when their limited leave to remain would allow them to serve a full term. Would you consider that suggestion?

09:15  

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

I understand that, but, if you dig into it, you see that such a situation could be controversial. If someone elected by the public had to leave the country part of the way through their term, that would lead to difficulties. Do you accept that the potential for such awkwardness exists, however unlikely it is to happen in practice?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

In practical terms, what should a family be able to produce? What should the evidential threshold be and what would that look like in practice?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

That is helpful and there are certainly things that we can reflect on there.

In section 3, there are two co-existing sets of circumstances in which a judicial factor can be appointed. The first one is when it is

“not possible, practicable or sensible”

for the person who would otherwise do it to carry out the role, which you mentioned, and the second is when

“it would be to the advantage of the estate”

for a judicial factor to be appointed. In the case of a missing person, should the second condition take precedence? In a sense, that may be easier to demonstrate. When someone’s presence is not known, it might be easier to prove that it would be to the advantage of the estate to have someone managing it.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

The committee has been considering the judicial factor’s investment power under section 17 of the bill. For the benefit of the committee, if a judicial factor asked you, in your role as the Accountant of Court, whether they were permitted to choose environmental, social and governance investments, but nothing was otherwise stated in legislation about that, what would your advice to them be?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Do you think that that needs to be looked at again by the Government?

10:15  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Why would you not be able to consider them in isolation, then? That is the bit that confuses me. If they are entirely specialists and working solely on this, why would you not do that?