Chamber and committees

Thank you.

Sure; no problem. We will suspend briefly.

Do you have any further questions, Mr Eagle?

I will move on. In response to the committee’s call for views, the Faculty of Procurators of Caithness said that it thought that there should be a specific provision for an interested person or organisation

“to raise concerns about the Judicial Factors management of the estate.”

It proposed that concerns should be raised first with the Accountant of Court and that, if a party was unsatisfied with the outcome, there would then be a role for the court.

A number of witnesses have suggested that various complaints procedures already exist in practice and that the bill says all that is necessary on the subject. Does the Scottish Government think that the complaints process needs to be made clearer—either in the bill or in some other way?

As has been discussed today and in previous sessions, somebody who becomes a judicial factor does not necessarily have to be from a regulated profession. When Missing People appeared before the committee last week, its representative said that they felt that it was not clear from the bill what the complaints procedure is—for example, if one family member of a missing person has concerns about how another family member is operating as a judicial factor. They also felt that, although setting out the complaints procedure would be helpful, it did not need to appear in the bill but, instead, could appear in guidance. From their evidence, the consideration would be that, when a missing person is involved, not every judicial factor is from a regulated profession—they could be a family member. Will you consider those concerns with regard to guidance?

Is the committee content with the instruments?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Under agenda item 4, we are considering one instrument, on which no points have been raised.

Under agenda item 5, we will take evidence on the Judicial Factors (Scotland) Bill from Siobhian Brown MSP, the Minister for Victims and Community Safety. The minister is accompanied by two Scottish Government officials: Michael Paparakis, policy and bill programme manager, and Megan Stefaniak from the legal directorate.

I welcome you all to the meeting. I remind you not to worry about turning your microphones on, as that will be done for you automatically. Before we move to questions, I invite the minister to make some opening remarks.

When Missing People was before the committee, it raised the interesting issue of the purpose of a judicial factor appointment in the context of the estate of a missing person. It pointed out that what a missing person might have done with their estate—for example, providing support for elderly relatives—might not always coincide with what is in the best interests of the estate, such as the conservation of funds. Will you provide further clarification on which approaches a judicial factor can take if there is such conflict? Is there a need for a specific legislative statement in the context of missing people?