Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 24 June 2025
Select which types of business to include


Select level of detail in results

Displaying 908 contributions

|

Education, Children and Young People Committee

Children and Young People’s Commissioner Scotland (Strategic Plan 2024-28)

Meeting date: 17 April 2024

Bill Kidd

Thank you very much. That is helpful.

Education, Children and Young People Committee

Children and Young People’s Commissioner Scotland (Strategic Plan 2024-28)

Meeting date: 17 April 2024

Bill Kidd

Thank you for everything that you have outlined. You have pretty much covered this, but on promoting access to justice for breaches of children’s rights—that is a commitment in the plan—who will you approach so that those can be resolved? It is fine—I am not saying that this is what you are doing—to say, “This is wrong and we’re going to sort it out,” but how do you sort that out? Who do you approach to bring on board in legal terms, if it comes to that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

That is quite clear, but the wording in the bill does not make it as clear.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

Thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

The Government will look at what you have said when it is formulating its approach but do you think that it might approach you to get further clarification on what you are looking for? There seems to be at least a bit of a differentiation there, shall we say.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

Right. That is fair enough. It is just that, because there is such an element of divergence there, I was not 100 per cent sure. Maybe it is not as wide as has been presented, but there will be discussion about it.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

That is useful. Thank you very much for that.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

I thank the witnesses for their responses, which have been very helpful.

Section 5 of the bill would abolish the requirement to find caution, save in exceptional circumstances. One policy justification for that is that, when a professional is appointed as a judicial factor, they will have professional indemnity insurance. However, in response to your discussion paper in 2010, the Accountant of Court said that she thought that the scope of accountants’ professional indemnity insurance might not be as broad as is generally thought, and that it might not cover embezzlement by accountants. If you remember that—I know that that is going back a bit—did the commission resolve that concern when it was raised when developing its policy on section 5?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

That would be useful; we could perhaps delve a bit deeper into that.

Staying on caution, in response to the committee’s call for views, the University of Aberdeen and R3 said that they thought that the threshold for requiring caution in section 5 is now too high. Do you have any comments on that? For example, does the phrase “exceptional circumstances” fit with the general policy desire to make judicial factors a solution for the families with missing relatives? Do you see the link there?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 16 April 2024

Bill Kidd

My question is about the Accountant of Court, a role that you have talked about quite a wee bit this morning. There seems to be a differentiation between the SLC’s draft bill and the current draft bill that is not so much about the role but about who and how qualified that person is. In relation to sections 35 and 36 of the bill, the Law Society of Scotland commented on what it regards as a significant departure from the commission’s draft bill and a watering down of the level of legal and accountancy knowledge that is required for the accountant and the deputy accountant roles. The SLC’s draft bill said that they were to be

“knowledgeable in matters of law and accounting”.

However, in the current draft bill, they must be, in the opinion of the Scottish Courts and Tribunals Service,

“appropriately qualified or experienced in law and accounting”.

The policy memorandum to the bill also makes it clear that formal qualifications are not necessarily required.

What does the commission think about that approach to sections 35 and 36? Do you share the Law Society of Scotland’s concerns about that differentiation?