Chamber and committees

If the bill were not to be amended, would you be content with that section 104 process?

Is the committee content with the Scottish Government’s proposal to correct the text of the explanatory note?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.

Before we move on to look at specific parts of the bill, please tell us briefly, and in general terms, what you think about the bill that is in front of us. Will it help to address the issues faced by the families of missing people?

You have indicated that additional guidance would be helpful, along with potential amendments to the bill. Are there any other elements of the bill that you think could be changed, or is there anything else that could help with missing people?

Welcome to the 14th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch off or put to silent mobile phones and other electronic devices.

The first item of business is to decide whether to take items 6, 7, 8 and 10 in private. Is the committee content to take those items in private?

Members indicated agreement.

Going back to the point about the flexibility of initiating a process, I was just thinking about the timescale of stopping the process if the person were to return. That is very helpful. Thank you.

With that, I thank the panel once again for their attendance today and for answering our questions—your evidence has been extremely helpful. The committee might follow up in writing with some further questions, and you also indicated that you were going to come back on a few things, too, so we will get that response from you in due course. Thank you very much once again.

That concludes the public part of the meeting. We now move into private session.

That is something that has come up in previous SLC bills. Committee members know about the section 104 order and have discussed and debated it a lot in recent years. The one challenge with the section 104 order is the length of time that it would take for the process and for it to be agreed. In one example, it was estimated that that would take about a year and a half. That was in relation to the Trusts and Succession (Scotland) Bill, which is now the Trusts and Succession (Scotland) Act 2024.

There could be a situation where some aspects are still operating under the old law and other aspects are operating under the law that we passed in December. Would that provide any complications for you if that type of situation were to play out?

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