Chamber and committees

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

Is the committee content with the instrument?

Members indicated agreement.

Welcome to the 15th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off or put on silent their mobile phones and other electronic devices.

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

Members indicated agreement.

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

Is the committee content with the instrument?

Members indicated agreement.

Thank you very much for your opening comments. We will certainly ask questions on some of the areas that you have covered, and the first of those is missing persons. As you will be aware, the committee has taken evidence from Missing People and the Law Society of Scotland, which said that the bill could do more to address the needs of the families of people who go missing. The Scottish Law Commission told the committee that it thinks that the solution lies not in changes to the legislation, but in good advertising of and guidance on the bill, as well as in the introduction of a court procedure that is accessible to the layperson.

You touched on this in your comments about working with Missing People on the preparation of guidance but, having heard the evidence, do you think that the bill should refer explicitly to the possibility of appointing a factor to a missing person’s estate? To what extent do you believe that any policy concerns can be resolved purely through advertising and guidance on the legislation with regard to missing persons?

When Missing People gave evidence to the committee, it explicitly said that having a reference in the bill would assist matters. It was supportive of the strengthening of guidance, but it made it clear that it wants the bill to refer specifically to the issue. Its argument was not about ensuring that only one group of individuals would be highlighted in the bill; instead, it was attempting to highlight a group of individuals who are very much at the margins in order to assist them. After all, every single case will be different.

Minister, in your opening statement, you touched on the section 104 process, and you indicated that discussions are already under way on that. As you are aware, section 104 has been a recurring theme in the SLC bills that the committee has looked at in the current session. Will you clarify whether the Scottish Government wants the information-gathering powers to extend to private sector bodies that are based elsewhere in the UK, such as banks and building societies?

Has there been any dialogue between you and the Secretary of State for Scotland on a section 104 order?

Do you consider that a section 104 order would apply sections 12 and 39 of the bill across the UK? If so, what timescale do you anticipate for that?