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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 13 July 2025
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Displaying 876 contributions

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Meeting of the Parliament

Portfolio Question Time

Meeting date: 1 May 2024

Foysol Choudhury

I recently attended an event hosted by the Convention of Scottish Local Authorities and discussed the priorities that were set out in its five-year plan in 2022. They include securing sustainable funding, delivering a just transition and supporting the most vulnerable in our communities. Given the financial pressure that is being faced by our councils, can the minister advise what measures the Scottish Government is taking to ensure that those goals are met?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

If that is confusing for you, do you not think that it will also be confusing for the family?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

More generally, what types of skills do you think the Accountant of Court needs to effectively support the families of missing people? What types of support will the official ideally offer?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

Are there any barriers?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

The committee has been considering the interrelationship of section 34 of the bill, which says that discharge usually ends a factor’s liability, and section 38, which covers the investigatory powers of the Accountant of Court. What is your understanding of the relationship between those two provisions? What do you think the position is if a factor is discharged under section 34, but subsequently misconduct comes to light? What do you make of the view of the centre for Scots law, at the University of Aberdeen, that the interrelationship needs to be explained more in the bill?

11:45  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

Good morning, panel members. A judicial factor can be appointed to a missing person’s estate, but Missing People and the Law Society have said that the procurator is not particularly accessible to the families of missing people. The Scottish Law Commission argues that the issue needs to be dealt with not by legislative changes but by guidance and advertising. In your experience, would the appointment of a judicial factor be a particular solution in most cases involving missing people, or are there barriers in that respect? To what extent is it the responsibility of the office of the Accountant of Court to advertise the procedure and to use it to support the families of missing people? Finally, are there any potential resource implications for you in undertaking that kind of advertising and support role?

There were three questions in there. If you want me to come back to any, I will do so.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

The committee has been considering a suggestion from the Faculty of Procurators of Caithness that there is a need to set out a specific complaints process in the legislation. It is proposed that the complaint would first be to the Accountant of Court. If the person or body with a complaint is unsatisfied with the outcome, there would then be a role for the court. To help with the committee’s deliberations, if, for example, one family member had an issue with how another family member as judicial factor was handling the estate, is there an obvious route in the bill for that first family member to express those concerns?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

Regarding the costs that the bill might mean for the SCTS, paragraphs 24 and 25 of the financial memorandum say that adjustments to the SCTS’s new case management system might be required because of the bill. Can you provide any more information on what would be involved and, in particular, on what cost you think will be incurred? Are there any other costs that you wish to highlight to the committee or that give cause for concern?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Foysol Choudhury

Yes.

Meeting of the Parliament

Decision Time

Meeting date: 25 April 2024

Foysol Choudhury

Thank you very much.