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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 4 May 2021
  6. Session 6: 13 May 2021 to 25 March 2026
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Displaying 509 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Oliver Mundell

Yes, and that they had the training that would go with that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Oliver Mundell

I thought that it was currently on the face of the bill and the question is whether it would be better to move it into guidance. That is my understanding.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Oliver Mundell

That draws more attention to it than the Law Society feels is justified, given that it is already the law and it applies to everything. The Law Society feels that the specific mention of it almost overhighlights it, and that people who did not really understand what a judicial factor was might use that as a default reason not to engage.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 7 May 2024

Oliver Mundell

That is helpful. I guess that also ties in, to a certain extent, with some of the questions about missing persons and about where non-financial criteria fit in the legislation. There is some overlap in the charity sections, with the potential for people to be judicial factors for trusts. We want to understand this as we approach stage 2. We are modernising very old legislation, and we note from the evidence that we have heard on various areas that there are points when financial return, or holding things static exactly as they are, are not the sole considerations that people would expect to be taken into account. Are we going to change the role of the judicial factor slightly under the bill?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

I will resist the temptation to ask about the desire to replicate systems south of the border, as that is probably not very helpful to the evidence.

We have received some written evidence on the requirements for those who are elected as MSPs to swear an oath of allegiance having a potential impact on citizens of countries that do not accept dual citizenship, and we have also heard about the potential for candidacy to open up devolved elections to foreign players who might wish to undermine Scotland’s electoral system. Do you have any concerns on those issues?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

I hear what you say about not having a view on this, but it comes down to striking a balance. People are getting an opportunity to stand for election, but we need to balance that with the obligations that come along with it. If they want to represent people at large but they are not willing to take the same oath as everyone else, we could get into quite a tricky space.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

So, you are asking us to accept that risk. You are saying that the risk is minimal and that we should be comfortable with that.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

I understand that point. I am simply saying that when you get the likes of that evidence from COSLA, there are some issues on which the Government should take the lead. On any bill, you would expect to be proactive—

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

I understand that, but, if you dig into it, you see that such a situation could be controversial. If someone elected by the public had to leave the country part of the way through their term, that would lead to difficulties. Do you accept that the potential for such awkwardness exists, however unlikely it is to happen in practice?

Standards, Procedures and Public Appointments Committee

Interests

Meeting date: 2 May 2024

Oliver Mundell

I have no relevant interests to declare, convener.