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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 20 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 19 November 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 November 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Amendment 5, in the name of the minister, is grouped with amendment 24.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

My colleagues and I are delighted that the amendment has been lodged, bearing in mind that it was a recommendation from the committee’s stage 1 report.

Amendment 8 agreed to.

Section 7—Vesting of estate in judicial factor

Amendments 9 and 10 moved—[Siobhian Brown]—and agreed to.

Section 7, as amended, agreed to.

Section 8 agreed to.

Section 9—Remuneration and reimbursement of judicial factor

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Amendment 11, in the name of minister, is in a group on its own.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Amendment 22, in the name of the minister, is in a group on its own.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Amendment 32, in the name of the minister, is grouped with amendment 33.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Under agenda item 5, we are considering the Judicial Factors (Scotland) Bill at stage 2. I ask members to refer to their copy of the bill, the marshalled list of amendments and the groupings of amendments.

We are joined by the Minister for Victims and Community Safety, Siobhian Brown, and three Scottish Government officials—welcome to the committee. I remind the minister’s officials that they cannot participate in any stage 2 proceedings, but they can communicate with their minister directly.

We have 42 amendments to the bill to consider and dispose of. If votes are required, I will first call for members to vote yes, then for members to vote no and then for any abstentions. Members should do so by raising their hand; our clerks will collate the vote and pass it to me to read out and confirm the result. I will take stage 2 slowly so that we have time to manage the process properly.

Section 1—Appointment of judicial factor

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Amendment 1, in the name of the minister, is grouped with amendments 2, 4, 18 to 21, 23 and 28.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 November 2024

Stuart McMillan

I move on to the second and third instruments on which issues have been raised.

SSI 2024/314 makes detailed provision in relation to every “relevant matter” that might be used for listing purposes and in relation to vetting information that might be included on a scheme record in respect of scheme members under the Protection of Vulnerable Groups (Scotland) Act 2007.

SSI 2024/315 makes detailed provision about what information will be included in level 1 and level 2 disclosures when the new scheme under the Disclosure (Scotland) Act 2020 enters into force.

In correspondence with the Scottish Government, the committee queried whether the provisions in the instruments are intended to prescribe non-disclosable convictions and, in relation to SSI 2024/314, all spent cautions. The Government advised that that is not the intention, and that the legal effect is correct, given the definitions in the parent acts.

Although the committee appreciates that the instruments achieve the policy intention as a matter of law, it considers that it could have been made clear, for example in the accompanying documents, that not all convictions and cautions are prescribed.

Does the committee wish to draw the instruments to the attention of the Parliament on the general reporting ground, on the basis that it would have been helpful, in the interest of accessibility, if the accompanying documents made it clear that not all convictions—and, in relation to SSI 2024/314, cautions—are prescribed?

Members indicated agreement.