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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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Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

It is a brief supplementary, convener.

Minister, you say that you are willing to work with people on the issue. I will gently push you on that. On some of these issues, it is for the Government to show leadership and not to leave the matter to committees or to individuals to push it forward.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

There is a distinction. On some issues, you would expect to take soundings but, on others, the public would expect the Government to take a lead.

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

Thank you, convener, and good morning, minister. The committee has heard from a range of stakeholders on the extension of candidacy rights to individuals with limited leave to remain. Although there is support in large part for the principle, there are concerns about the practical implications, and it has been suggested to the committee that individuals could qualify for candidacy only when their limited leave to remain would allow them to serve a full term. Would you consider that suggestion?

09:15  

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

That is good. I am not going to hold up my hand with something written on it.

The second bit of my question, which you did not respond to, was on the potential for candidacy to be opened up to foreign players who might wish to undermine Scotland’s electoral system. Do you think that that is a legitimate concern? Is it a risk that we should consider?

Standards, Procedures and Public Appointments Committee

Scottish Elections (Representation and Reform) Bill: Stage 1

Meeting date: 2 May 2024

Oliver Mundell

That is a fair point. It is all about how we police such matters, where we draw the line between people’s beliefs and the reasons why they are standing, and how we identify where those things come from and what is motivating them. Your response was helpful and meaningful.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

I guess that takes us back to thinking about whether the bill needs to be amended or whether there needs to be additional guidance in relation to missing people.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

The committee has been considering the judicial factor’s investment power under section 17 of the bill. For the benefit of the committee, if a judicial factor asked you, in your role as the Accountant of Court, whether they were permitted to choose environmental, social and governance investments, but nothing was otherwise stated in legislation about that, what would your advice to them be?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

In practical terms, what should a family be able to produce? What should the evidential threshold be and what would that look like in practice?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

That is helpful and there are certainly things that we can reflect on there.

In section 3, there are two co-existing sets of circumstances in which a judicial factor can be appointed. The first one is when it is

“not possible, practicable or sensible”

for the person who would otherwise do it to carry out the role, which you mentioned, and the second is when

“it would be to the advantage of the estate”

for a judicial factor to be appointed. In the case of a missing person, should the second condition take precedence? In a sense, that may be easier to demonstrate. When someone’s presence is not known, it might be easier to prove that it would be to the advantage of the estate to have someone managing it.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

I totally hear what you are saying and I understand your point, but I guess that the question would be: who else makes that decision in that circumstance if it is not the judicial factor? How do you resolve those tensions if the person is not there?