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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 17 July 2025
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Displaying 3461 contributions

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Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 1 December 2021

Jackson Carlaw

Marie, did you hope to come in as well?

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 1 December 2021

Jackson Carlaw

Thank you.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

The clerks tell me that we have not done that previously. As that is the case, it is a sensible suggestion.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

We will investigate that.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

Yes—that is a fair request.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

The next petition is PE1857, which is about the regulation of the role of the curator ad litem. I apologise that, when we last considered the petition, despite my O-level Latin, I could not remember whether it was pronounced “lit-em” or “light-em.” After that transgression after 50 years, I am told that it is “light-em”.

PE1857 was also lodged by Stephen Leighton—we considered a separate petition of his a few moments ago. The petition calls on?the Scottish Parliament to urge the Scottish Government to regulate the curator ad litem and ensure historical claims of malpractice of?curators?ad litem in Scotland are investigated.

At?its previous consideration, the committee agreed to write to key stakeholders seeking views on the action called for in the petition.?In its submission, the Scottish Mental Welfare Commission states that?curators?ad litem are bound by the regulations of their respective professions. Usually, the role is held by?solicitors?and, less commonly, by social workers.

The Scottish Legal Complaints Committee states that it has no specific role in the regulation of, or in dealing with complaints regarding, curators?ad litem. However,?it may have a role if a complaint is made that a solicitor acting as?a curator ad litem has breached certain standards of service or conduct that apply to solicitors.

The SLCC responded to a recent consultation?that included proposals for a new register of?curators?ad litem and a regulatory complaints regime.?The commission suggested that, although a dedicated complaints process might be positive, it could potentially result in parallel investigations on the same matter, with?different decisions, outcomes and sanctions being made against a practitioner.

The Scottish Social Services Council?suggests?that?requiring?all?curators?ad litem to register with it would result in dual registration as?the majority of curators are?solicitors?who?are already registered with the Law Society of Scotland.?

That is quite complicated and technical legalese. Do colleagues have any thoughts?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

The fact that a regulatory regime is anticipated to be operational by 2023 allows us to close the petition at this point. However, we will obviously keep an eye on how the matter progresses and, if it falls short, encourage the petitioner to come back to us with another petition at that time.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

On that basis, do we agree to write to the Scottish Government expressing our concern about the fact that we have no data to quantify the use of a process that is meant to be a recourse for the public, that we point out that simply telling us that there is no way to quantify that falls short of the adequate security that the process is intended to provide in the first place and that we ask what its attitude to that is?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

I agree. I felt that a distinction emerged in the evidence session between what is set out in this petition and the use of polypropylene mesh in transvaginal procedures, which the Scottish Government has stayed for the moment. I do not know whether the petition’s ultimate aim, which is an outright ban on all mesh procedures, was necessarily validated by the evidence that I heard, but what came out of the evidence was a number of other issues that colleagues have identified and which we should continue to explore. Again, those issues are informed consent, alternative options with regard to tissue and, more generally, the materials that are in use and the reviews that are taking place.

On this occasion, there is real merit in continuing with the petition and exploring the issues that colleagues have identified, but recognising that we are doing so as a consequence of the evidence session and not necessarily in the expectation of its leading to the outcome that the petitioners are seeking, which is a ban on all such procedures.

If members feel that that is a reasonable assessment, do we agree to keep the petition open and proceed on that basis?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 17 November 2021

Jackson Carlaw

Would you like to keep the petition open or to close it with that action in place?