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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 4 May 2021
  6. Current session: 13 May 2021 to 3 January 2026
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Displaying 892 contributions

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Meeting of the Parliament

Portfolio Question Time

Meeting date: 15 May 2024

Foysol Choudhury

The cabinet secretary may claim today that the Scottish Government is acting to protect the arts and culture sector, but the situation on the ground tells a different story, with cancelled festivals and cultural organisations calling out for greater support from the Scottish Government. It is clear that our culture sector is under enormous pressure, so will the cabinet secretary heed Labour’s call for a crisis summit on festival funding?

Citizen Participation and Public Petitions Committee

A9 Dualling Project

Meeting date: 8 May 2024

Foysol Choudhury

A few of my colleagues have touched on this already. Given the importance of the A9, when you were the First Minister, were there any timelines for your Government, and what priority was the project given? Did any ministers raise concerns that there would be any issues with the project?

Meeting of the Parliament

Portfolio Question Time

Meeting date: 8 May 2024

Foysol Choudhury

To ask the Scottish Government how it plans to incorporate the ownership and management of community assets in urban areas into its Land Reform (Scotland) Bill. (S6O-03388)

Meeting of the Parliament

Portfolio Question Time

Meeting date: 8 May 2024

Foysol Choudhury

In 2020, after the Heart of Newhaven primary school was closed, a community asset transfer brought the building into public ownership, allowing it to serve its area as a community hub. Local engagement is so important, yet the provisions on community engagement in the Land Reform (Scotland) Bill apply only to holdings that are thousands of hectares. Can the minister advise how the Scottish Government will ensure good use of areas of land that are smaller than those that are mentioned in the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Foysol Choudhury

The organisation Missing People has expressed concern about what it sees as a lack of clarity associated with the interaction between the Presumption of Death (Scotland) Act 1977 and part 4 of the bill. Does the minister think the relationship between the two pieces of legislation needs to be clarified, either in the text of the bill or in associated guidance?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Foysol Choudhury

Do you think that it is necessary to put a definition either in legislation or in guidance?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Foysol Choudhury

Section 23 of the bill sets out the general rule that, if a judicial factor is involved in court proceedings on behalf of the estate, any legal costs that are associated with that will come out of the estate. The Faculty of Advocates and the Sheriffs and Summary Sheriffs Association have both said that section 23 could be modified to deal with exceptional circumstances where a judicial factor had acted unreasonably in a situation that is not covered by section 24 and so should be found personally liable for legal costs.

The SLC and the Law Society, on the other hand, were not certain that the suggested modification was the right approach. The commission, for example, feared that judicial factors would become unduly preoccupied with their risk of personal liability.

Having heard all the views that were expressed to the committee, what is the Scottish Government’s position on the issue? Would the minister be open to amending section 23 of the bill in the way that has been suggested? Can you explain the reasons underpinning your views?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Foysol Choudhury

Missing People raised another issue with part 4, specifically with regard to what the procedure would be if the missing person came back and the judicial factory was still on-going. Can the minister confirm whether, under the bill, termination of a judicial factory would be automatic in those circumstances, or whether it would instead, as the committee suspects, require a court’s approval? What is the policy rationale for the approach that the Scottish Government has taken in that respect?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Foysol Choudhury

Minister, you will be glad to know that this is, I think, the last question. The Law Society has highlighted to the committee that it would like powers in addition to those that are provided under the Solicitors (Scotland) Act 1980 to deal with certain issues that can arise with firms taking the form of incorporated practices.

When the Law Society gave evidence on 23 April, it indicated that its preferred legislative vehicle for change was stage 2 amendments to the Regulation of Legal Services (Scotland) Bill. Is it the Scottish Government’s view that that bill is the right place to add the powers that the Law Society seeks?

11:15  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Foysol Choudhury

Under the current law, a judicial factor must find caution—which means to take out a specialist bond from an insurance company—to protect against any wrongdoing, such as theft of the estate, by the factor. In a policy change to the current law, section 5 of the bill abolishes the requirement on a judicial factor to find caution, except in exceptional circumstances. When proposing that new threshold, what investigation did the Scottish Government do of professional indemnity insurance or of any other possible alternatives to bonds of caution?