Tag: committee report

Bill “must be used” to empower judicial factors to help the families of missing people

The Scottish Parliament’s Delegated Powers and Law Reform Committee has welcomed the proposals in the Judicial Factors (Scotland) Bill, which aims to consolidate and update laws related to judicial factors.

However, the opportunity for the Bill to clarify how judicial factors can work with the families of missing people cannot be missed, according to the Committee’s report.

A judicial factor is a person appointed by the court to gather in, hold, safeguard, and administer property, which is not being, or would not otherwise be, properly managed. At present, most judicial factors are solicitors or accountants.

The position has existed for hundreds of years, with the substantive law in the area currently dating back to 1849 and 1889. The Bill also repeals even older court rules, including an Act of Sederunt from 1690.

Through its consideration of the Bill, the Committee has come to appreciate the vital role that judicial factors are able to play in many circumstances including working with solicitors’ firms in certain circumstances, businesses, when partnerships which break down and the estates of deceased people, when needed.

In particular, the Committee has made recommendations which it believes would clarify how a judicial factor can help in cases of missing people. The ability of a judicial factor to step in and manage the affairs of a loved one is a key point raised in the Committee’s report.

To make it clear that judicial factors can be appointed in such cases, the Committee has recommended the inclusion of an explicit statement in the Bill that it is competent to appoint a judicial factor to the estate of a missing person.

The Committee’s report also supports work to improve advertising, guidance and advice to make the Bill more accessible for families and legal professionals who are looking after the estates of missing people.

Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee said: “Most people in Scotland may not be familiar with judicial factors or their work, but during our evidence sessions we were able to learn more about their vital role.

“We are broadly content with the proposals in the Bill, which will update the laws around judicial factors that date back hundreds of years and bring welcome clarity.

“However, we do believe that these updates present the Parliament with an opportunity to go further to really ensure that judicial factors work for the loved ones of people who go missing.”

The Judicial Factors (Scotland) Bill was introduced in response to recommendations made by the Scottish Law Commission.

It is anticipated that the Parliament will consider the Bill in a Stage 1 debate this autumn.

MPs call for statutory sick pay reform to address inadequate financial support for workers most in need

Statutory sick pay (SSP) is failing to provide enough support for those who most need financial help when ill and should be increased and made more widely available, MPs say today.

The report from the Work and Pensions Committee says that a modest increase to SSP in line with Statutory Maternity Pay would strike a reasonable balance between providing extra financial support and not placing excessive extra costs on businesses. It also says that all employees should be eligible for SSP, not just those earning above the lower earnings limit.

Rates of sickness absence and ill health have increased in recent years, with a record 185.6 million working days lost to sickness or injury in 2022. During its inquiry, the Committee heard the current system of SSP was an insufficient safety net for those who relied on it, and no use at all to those who were not eligible.

Despite consultations by previous governments, no permanent changes have been forthcoming. While the Committee understands why the Government decided that the Covid-19 pandemic was the wrong time to introduce changes, due to the immediate additional costs on employers, it finds that this argument is now less valid.

In addition to recommending changes to the SSP rate and eligibility, the report calls on the Government to amend legislation to enable SSP to be paid in combination with usual wages in order to encourage phased returns to work.

On the cost to businesses, the report concludes that the overall impact of SSP reform is difficult to predict, but even if they did not result in lower levels of sickness absence, larger firms would be able to absorb the costs. It says this would not be true of smaller businesses, however, and calls on the Government to consult with small and medium-sized businesses on the design of a small business rebate for SSP.

Finally, the report says that the Government should establish a contributory sick pay scheme for the self-employed to increase support during periods of illness.

Rt Hon Sir Stephen Timms MP, Chair of the Work and Pensions Committee, said: “Statutory sick pay is failing in its primary purpose to act as a safety net for workers who most need financial help during illness.

“With the country continuing to face high rates of sickness absence, the Government can no longer afford to keep kicking the can down the road on reform. The Committee’s proposals strike the right balance between widening and strengthening support and not placing excessive burdens on business.

“A growing number of workers are now classified as self-employed and a new contributory sick pay scheme for self-employed people would be a welcome step towards ensuring they are they are no worse off financially during periods of sickness than employees on SSP.”

A full list of the Committee’s conclusions and recommendations is available on Pages 34–36 of the report.

Commenting on the publication of a Work and Pensions Committee report on whether the government should reform statutory sick pay to provide more financial support to low-paid employees, TUC General Secretary Paul Nowak said: “The Covid-19 pandemic showed that our sick pay system is in desperate need of reform. 

“It beggars belief that ministers have done nothing to fix sick pay since. 

“It’s a disgrace that so many low-paid and insecure workers up and down the country – most of them women – have to go without financial support when sick. 

“The committee is right that ministers urgently need to remove the lower earnings limit and raise the rate of sick pay. 

“Wider reform is also needed to remove the three days people must wait before they get any sick pay at all.  

“Working people deserve better. 

“It’s time for a new deal for workers, like Labour is proposing – which includes stronger sick pay and a ban on zero hours contracts.” 

Analysis published by the TUC in January revealed that 1.3 million people do not earn enough to qualify for statutory sick pay – and 70% are women. 

And zero-hours contract workers are eight times more likely than those on secure contracts (30.3% compared to 3.6%) to miss out on statutory sick pay because they don’t earn enough to qualify. 

Long COVID: Committee report urges Scottish Government to address stigma and improve awareness

HOLYROOD’s COVID-19 Recovery Committee has published its report on Long COVID and post-COVID syndrome, urging the Scottish Government to take action to address the stigma surrounding the condition and improve awareness among the public and healthcare professionals.

The inquiry focussed on the awareness and recognition, therapy and rehabilitation, and study and research linked to Long COVID, with the Committee noting “concern” in their findings over reports of patients being unable to get the correct diagnosis and the lack of treatment for common conditions associated with the condition.

The Committee said it was “deeply saddened” to learn about the stigma faced by those with lived and living experience of Long COVID, and the report highlights the impact that the lack of awareness and recognition of Long COVID can have on those with the condition.

The Committee also recommended the Scottish Government:

Works with the National Strategic Network and health boards to establish a single point of contact for Long COVID patients in every health board and develops standardised guidance.

  • In partnership with the National Strategic Network, provide a leadership role in reviewing the best practice of Long COVID clinics and evaluate whether they may be an appropriate development in Scotland.
  • Implement a public health campaign to raise awareness of long COVID and the impact it can have on individuals’ health and wellbeing.
  • Reviews the current booster vaccination publicity strategy to reduce apathy and encourage uptake.
  • Supports improving the integration of health boards and the third sector to provide self-management services for Long COVID.

Throughout the four-month inquiry, the Committee took evidence from a broad range of academics, clinicians and those living with Long COVID about the complex nature of the symptoms and the apparent lack of any lessons being learned from other chronic illnesses such as ME/CFS.

The Committee also made calls for more data on the prevalence of Long COVID to be gathered and noted the impact that incorrect coding of the condition can have on the accuracy of data, alongside encouraging improved use of data deployment into clinical practice.

Commenting, Committee Convener, Jim Fairlie MSP said: “The report sets out the urgent need for the Scottish Government to take action to address the stigma and lack of awareness surrounding Long COVID and to improve the diagnosis and treatment for individuals living with this condition.

“Throughout the inquiry we’ve been deeply saddened and concerned to hear of the stigma being faced by those with lived and living experience of Long COVID and the impact this lack of awareness can have on people’s mental health and wellbeing, their educational and employment opportunities and their overall quality of life.

“We’ve now made several recommendations including establishing a single point of contact in health boards, increased leadership by the Scottish Government in assessing the effectiveness of Long-COVID clinics, raising awareness and understanding of the condition and making better use of health data.

“The recommendations made in our report must now be acted on to ensure that the stigma associated with long COVID is addressed, enabling those suffering from the condition to receive the recognition and support they both need and deserve.

“The Committee also wants to, once again, thank all of those who participated in the inquiry and recognise in particular the input from those with experience of the condition, whose evidence helped shape this inquiry from the outset and these recommendations to the Scottish Government.”  

The report is available online

Holyrood Committee calls for introduction of proxy voting for MSPs

The Scottish Parliament should introduce proxy voting for those unable to vote due to illness, bereavement or on parental leave.

That’s the view of the Standards, Procedures and Public Appointments Committee which has published a report calling for the introduction of a proxy voting pilot scheme with a view to it being established permanently in the Parliament.

The scheme would allow MSPs unable to vote for agreed reasons to nominate a proxy MSP who would cast their vote according to their wishes.

In a report published earlier this year, on Future Parliamentary procedures and practices, the Committee made clear that a hybrid parliament should be here to stay, including a recommendation to introduce proxy voting for those unable to vote in person.

Speaking on the report’s publication, Committee Convener Martin Whitfield MSP, said: “Our Committee is unanimous in their support for the introduction of a proxy voting scheme.

“We think Scotland’s democracy and its people are best served by ensuring that MSPs can still cast their votes even if they are unable to participate in parliamentary business due to the very human reasons of bereavement, illness or parental leave.

“We believe this is a positive, progressive step for the Parliament as we look to continue to evolve and to make the Parliament as accessible and inclusive as possible.”

Deputy Convener Bob Doris MSP added: “As a Parliament it is vital that we continue to look at ways to modernise and to increase participation in democratic processes.

“The introduction of a proxy voting scheme will ensure that MSPs can represent their constituents whether on parental leave, suffering serious illness or bereavement.

“We will continue to review current working practices as we look to innovate and improve Parliamentary processes, and to shape a Parliament fit for the future.”

Key points of the proxy voting being proposed:

  • MSPs may request a proxy vote due to illness, bereavement or if on parental leave;
  • A Member can designate any other Member as their proxy and it is for the Member to decide who to nominate;
  • A proxy vote is actioned by informing the Presiding Officer;
  • The proxy vote has the same status as a vote cast by a Member in person;
  • The use of a proxy will be recorded in the minutes of a meeting to ensure transparency;
  • The pilot would remain in force until 31 December 2023.

Read the full report