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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 14 July 2025
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Displaying 396 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Therefore, in your mind, the two processes are almost running side by side. That complaint would take reference to any on-going court case at the same point and come to the same conclusion. Thank you very much.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Thank you—I was just curious. Law is maybe always not that fast, but I wondered whether there was a hold-up, because there is quite a lot that we want to come through the system, as you mentioned. If all the reports take 10 years, that will take quite a long time. However, if it is simply about parliamentary time and space, I suppose that the best use of the committee is in how we can push things forward.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

Up until about a month ago, I did not know what the register of inhibitions was. I do now, and we have been having quite the debate on whether that is the correct place to give notice of the appointment of judicial factors. Various people who have been in front of us have debated that issue. Most would probably agree that that is not 100 per cent the right place, but there was concern about the cost of setting up a completely new location for that information. There was also concern about the public’s ability to search the register of inhibitions. Having listened to that evidence, do you have any thoughts on whether the register is the right place to put that information?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

I clarify that the concern with the register of inhibitions is that it is not easily searchable by members of the public. However, you are content that that is the most cost-effective way of recording the appointment of judicial factors and that support is in place such that a member of the public will be able to search the register if they want to do so.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

I have a couple of relatively specific questions around section 38(4). The first question is around the requirement for the accountant to refer a judicial factor to their “professional body”. Can you clarify for the committee whether the professional body for solicitors is the Scottish Legal Complaints Commission or the Law Society of Scotland?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Tim Eagle

I have a quick general question that has come to mind as various of the witnesses have been speaking. Pretty much all of them welcomed the update under the Judicial Factors (Scotland) Bill. One referred to a couple of paragraphs in a Victorian bill that referred to the old judicial factors. I read in previous notes that the Scottish Law Commission first published a discussion paper on this in 2010, with full recommendations in 2013. We are now in 2024. Is it normal for law reform to take that long? Is there an issue there? Can we do something to speed up law reform in Scotland more generally?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Last week, we had a bit of a discussion about the register of inhibitions and whether that, as the bill suggests, is the correct place to put what is, in effect, the list of judicial factors. Do you think that it is the correct place? Last week, the Faculty of Advocates said that it was probably not the right place and that perhaps a new list could be created. If that were to be done, would that give you any resourcing issues?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

To be honest, I think that Josie Allan has answered my next question with that relevant point. There are situations in which a missing person returns but needs support and, equally, a person might return and be perfectly able to take on their finances again. I do not know how it would be written, but could some of that be set out in the bill and the rest put in guidance? Could we have something that sets out a procedure that allows people who are perfectly able to take on their finances as quickly as possible to do so and a procedure for situations in which there might be a concern about the person in question? Does that make sense?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

Convener, I missed a question earlier, so, if it is all right, I will just jump back to it.

Again, this was discussed last week, but the Faculty of Advocates has suggested that, in part 2, there could be an extra power to seek directions from the court where there might be issues during a factory. Could such a power be warranted in the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Tim Eagle

I think that you answered my next question, in part, when you replied to the last couple of questions. Part 2 of the bill mentions the roles, responsibilities, powers and duties of the judicial factor, which you have made comments on. One comment was about a present for an 18th birthday. For the record, will you say whether the bill sets out the powers and duties that a family member would need to manage the estate of a missing person? You spoke a wee bit about having guidance or provisions in the bill. Do you have a preference about that?