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Chamber and committees

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 5 May 2021
  6. Current session: 12 May 2021 to 24 November 2024
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Displaying 1699 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Thank you for that, and thank you for your evidence this morning. It has been tremendously helpful and thought provoking. The committee might contact you on further points, and you also indicated that you will write to the committee in the future. If there is anything that you want to highlight to us, please do so in writing. Thank you very much once again.

I will suspend the session to allow a changeover of witnesses and for a short comfort break.

11:02 Meeting suspended.  

11:06 On resuming—  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I will follow up that point. On the timescale, you indicated that, when a person who might have been missing for quite some time reappears, a rushed process to remove the judicial factor might not be in their best interests. Having flexibility is therefore really important because, fundamentally, it protects the person who was missing.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

I assume that support will differ on every single occasion, because everyone is different.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Do colleagues have any final questions?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

Our second panel of witnesses are from the Scottish Courts and Tribunals Service. I welcome Raish Allan, who is the judicial factory case manager; Tim Barraclough, who is the executive director for tribunals and the Office of the Public Guardian; and Fiona Brown, who is the public guardian and the Accountant of Court.

I remind attendees not to worry about turning on their microphones, as that will be dealt with by the broadcasting team. If panel members would like to come in on any question, they should raise their hand or indicate to the clerks. There is no need for all of you to answer every question; simply indicate that you do not need to respond to it. However, if you would like to come back to the committee after the meeting, you may do so in writing. We move to questions.

Before we get into questions on specific issues in the bill, will you tell us a little bit about the office of the Accountant of Court. Why did the office come into being and how long has it been in existence? Currently, what responsibilities are associated with that role?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

How common is it for people who have been missing for quite some time and have reappeared to go missing again at some point after they have reappeared? I am thinking of what you have just said with regard to Oliver Mundell’s question and the discussion that we had beforehand.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Stuart McMillan

On how many occasions has a judicial factor or guardianship been put in place in England and Wales under existing legislation?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 30 April 2024

Stuart McMillan

Under agenda item 2, we are considering five instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 30 April 2024

Stuart McMillan

The instrument amends the privileges and immunities afforded to the European Space Agency, the European Organisation for Astronomical Research in the Southern Hemisphere, and their representatives and staff.

In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee queried discrepancies between the instrument and the explanatory note.

The Scottish Government acknowledged that the new paragraph 7 of schedule 15 to the order that is being amended—the International Organisations (Immunities and Privileges) (Scotland) Order 2009—does not operate as the policy intended. It confirmed that it intends to rectify the error at the earliest opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i)—defective drafting—on the basis that the paragraph does not operate as intended, in that a director general, or a person acting in their place, who has a form of British nationality does not benefit from exemptions relating to social security as was intended?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 30 April 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.