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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: 23 April 2024

Stuart McMillan

Under agenda item 2, we will take evidence on the Judicial Factors (Scotland) Bill at stage 1. I welcome our first panel. Morna Grandison is director of interventions at the Law Society of Scotland, Gavin MacColl KC is from the Faculty of Advocates, Dr Alisdair MacPherson is senior lecturer in commercial law at the University of Aberdeen, and Professor Gareth Morgan is from the Charity Law Association.

Thank you for joining us. I remind you not to worry about turning on the microphones, as that will be done automatically for you. When you would like to comment in response to a question, please raise your hand or indicate to the clerks. There is no need to answer every question; you can simply indicate that a question is not for you to respond to. However, please feel free to follow up on any question in writing after the meeting, if you wish.

Before we get into the specifics, will you tell us briefly and in general terms what you think about the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

We should also bear in mind that a small number of individuals will be practising this, and they will be expert in this particular area of law.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Does anyone else want to come in on this?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Would it be fair to say that, if the legislation passes through the process, there will be a role for the Scottish Government to engage with associations that will have operations elsewhere in the UK as well as, potentially, their international counterparts?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

I have a final question on that subject. For talking’s sake, if multiple firms offered to assist in a situation akin to the one that you described, how would you decide which firm or firms should get the work? If two firms suggested that they could take the work on wills, what criteria would the Law Society use to decide whether to give the work to firm A or firm B?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Does either of the other witnesses want to come in on that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. I know that Foysol Choudhury had indicated that he wanted to come in, but I think that his area of questioning has already been covered.

We have no further questions, so I invite our witnesses to make any points that have not been covered so far.

As no one wishes to make any further points, I thank our witnesses for coming to today’s meeting. If any more points occur to anyone after today’s meeting, they can make the committee aware of them in writing.

11:55 Meeting suspended.  

11:56 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 23 April 2024

Stuart McMillan

Agenda item 3 is consideration of an instrument that is subject to affirmative procedure. No points have been raised on the instrument. Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Stuart McMillan

That concludes the public part of the meeting.

11:57 Meeting continued in private until 12:16.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Thank you. The next questions will be asked by Tim Eagle.