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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 509 contributions
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
To go back to the previous exchange, I guess that that is where you are looking for some flexibility and, in those sorts of circumstances, some kind of assessment of what is in the person’s or the estate’s best interests. You are looking for that kind of re-evaluation in what you said was a small number of circumstances. Would the best thing be for the process to build in some flexibility to look at best interests?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
That is helpful. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
So, there is not a sufficient quantity of work that would stretch beyond the capacity that Fiona Brown or whoever was holding that role would have. That is effectively what you are saying.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
Your organisation’s response to the committee’s call for views says that Missing People supports the broad conditions for the appointment of a judicial factor, as set out in section 3 of the bill, but that you have some practical concerns about the application of section 3 in a situation where a person is missing. For the benefit of the record, please say a little more about those concerns. Are you seeking to have those concerns resolved by having more information in the bill itself, or would it be sufficient for your purposes to have accompanying guidance for the legislation?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
Thank you. That is helpful.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
That is helpful. On a slightly different topic, in the earlier session today a question was raised around best financial return versus best interests in missing person cases. In that sort of circumstance, what would your advice be?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
And you think that that is okay, as they are performing more of a supportive role.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
That is helpful.
I do not think that this is necessarily a fair question for you, but I will put it to you. In a previous evidence session, we heard the suggestion that the judicial factor might be able to go back to the appointing court and seek advice. Do you think that having that provision would be helpful in those sorts of difficult circumstances?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
And they do not make the actual judgment.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Oliver Mundell
Going back to the second part of my question, what specifically do you think the bill should say in relation to the qualifications that are necessary? Are you happy with what is in the bill?