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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: 30 April 2024

Oliver Mundell

We might test the patience of the convener, but I want to ask a further question.

Much of what you have been talking about has been specific to this legislation. Are you promoting and interacting with the role of judicial factor because this is the best legislative opportunity available, or do you feel that doing work on other legislation would be better or beneficial? Do you think that a judicial factor is the right vehicle for missing people, or is it just the best one available?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

In response to the committee’s call for views, the Law Society of Scotland said that the bill as introduced is “a significant departure from” the Scottish Law Commission’s draft bill. Specifically, the Law Society considers that there has been a watering down of the level of legal and accountancy knowledge that is required for the roles of accountant and deputy accountant. Do you agree with the Law Society’s perspective, or do you take a different view? What, in your view, should the bill say in relation to the qualifications that are necessary to hold the posts of accountant and deputy accountant?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

On the back of the comment about credit searches and other bits and pieces, do you think that there is more that the bill could do to put your office in charge of that? We are looking at legislation that has not changed in 100-plus years. Obviously, there is some case law, but we are looking at something that has been neglected when it comes to modernisation.

I just worry about having those sorts of tests, because at some point in the future, we might still be looking at people’s Experian credit ratings rather than at whatever the relevant considerations might be. Does the bill do enough to future proof any checks and, indeed, what the right background might be for the person who occupies this role?

11:30  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

If you found something unsuitable, would you go back to the court with it? What would be the threshold of concern at which you would go back to the appointing court and say, “This individual is not right”?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

What would be the threshold for going back to court? The bill, as it stands, is not that specific, and you have obviously mentioned doing credit or other background checks. I guess that this is a tricky question, because we are dealing with a hypothetical situation, but what would the level be? Speaking as a layperson, I know that not everybody has a squeaky-clean credit rating; people will have had all sorts of things going on in their lives. Where do you draw the line?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

But you think that you have sufficient capacity to ensure that, as these changes come through, you will not require anyone else meeting this level of legal and accountancy qualification.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Why would you not be able to consider them in isolation, then? That is the bit that confuses me. If they are entirely specialists and working solely on this, why would you not do that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Do you think that that needs to be looked at again by the Government?

10:15  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

On that point, are you envisaging that the people who are in the single figures would also be doing work for the Office of the Public Guardian and would not be specialising just in the—

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Thank you.