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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 27 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

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

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

That is helpful. Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

Thank you. That is helpful.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

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

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Oliver Mundell

And they do not make the actual judgment.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

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?