The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2526 contributions
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
The next item of business is to decide whether to take items 7 and 8 in private. Is the committee content to take those items in private?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Thank you for that, Mr Layden. You have already answered my opening question, but I will ask one thing as an opening for the committee. The Scottish Law Commission has suggested some changes to the draft bill. Are you content that the bill still follows the ethos and the wider considerations of the SLC’s work?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Agenda item 5 is consideration of an instrument subject to the negative procedure. An issue has been raised on the instrument.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
?
Agenda item 6 is consideration of two instruments not subject to any parliamentary procedure, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Is the committee content with the instruments???
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Charles Garland, would you like to come in?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Oliver, before you continue, I would like to follow on from that point.
If a judicial factor were in place for a long time, notwithstanding Oliver Mundell’s question about the ESG investment power, would the bill as it stands provide them with flexibility to consider other investments or other ways to invest? Alternatively, should an amendment be lodged to provide the ESG power, would that be helpful?
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Okay. We can look into that.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
Under agenda item 3, we will take evidence on the Judicial Factors (Scotland) Bill. I welcome Patrick Layden KC TD, who is former lead commissioner at the Scottish Law Commission, and Charles Garland, who is interim chief executive of the Scottish Law Commission.
I remind the attendees not to worry about turning on their microphones, as they are controlled by broadcasting. If you would like to come in on any question, please raise your hand to catch my eye or indicate to the clerks.
Before we move to questions, I invite Patrick Layden to make some brief opening remarks.
Delegated Powers and Law Reform Committee
Meeting date: 16 April 2024
Stuart McMillan
In response to the committee’s call for views, the Faculty of Procurators of Caithness said that there should be a specific procedure for an interested person or organisation to raise concerns about a judicial factor’s management of an estate. Those concerns would first be raised to the accountant and, if the outcome was unsatisfactory, there would then be a role for the court. What does the commission think of that proposal and can you identify its benefits and drawbacks?