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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 23 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 4, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 5, we will take evidence on the Judicial Factors (Scotland) Bill from Siobhian Brown MSP, the Minister for Victims and Community Safety. The minister is accompanied by two Scottish Government officials: Michael Paparakis, policy and bill programme manager, and Megan Stefaniak from the legal directorate.

I welcome you all to the meeting. I remind you not to worry about turning your microphones on, as that will be done for you automatically. Before we move to questions, I invite the minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

When Missing People was before the committee, it raised the interesting issue of the purpose of a judicial factor appointment in the context of the estate of a missing person. It pointed out that what a missing person might have done with their estate—for example, providing support for elderly relatives—might not always coincide with what is in the best interests of the estate, such as the conservation of funds. Will you provide further clarification on which approaches a judicial factor can take if there is such conflict? Is there a need for a specific legislative statement in the context of missing people?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

It would be useful if you could keep the committee updated on any progress on that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Do colleagues have any further questions?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 2, we are considering three instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 7 May 2024

Stuart McMillan

Welcome to the 15th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off or put on silent their mobile phones and other electronic devices.

The first item of business is to decide whether to take items 6 and 7 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 7 May 2024

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 7 May 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:01 Meeting suspended.  

10:03 On resuming—  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Stuart McMillan

Thank you very much for your opening comments. We will certainly ask questions on some of the areas that you have covered, and the first of those is missing persons. As you will be aware, the committee has taken evidence from Missing People and the Law Society of Scotland, which said that the bill could do more to address the needs of the families of people who go missing. The Scottish Law Commission told the committee that it thinks that the solution lies not in changes to the legislation, but in good advertising of and guidance on the bill, as well as in the introduction of a court procedure that is accessible to the layperson.

You touched on this in your comments about working with Missing People on the preparation of guidance but, having heard the evidence, do you think that the bill should refer explicitly to the possibility of appointing a factor to a missing person’s estate? To what extent do you believe that any policy concerns can be resolved purely through advertising and guidance on the legislation with regard to missing persons?