The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1106 contributions
Education, Children and Young People Committee
Meeting date: 1 May 2024
Bill Kidd
What is your view on what the bill envisages for Bòrd na Gàidhlig? On the back of that, in order to widen things out a wee bit and give everybody a shot, who should lead policy in relation to the Scots language?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
The then Accountant of Court expressed concern about whether accountants’ professional indemnity insurance was an adequate substitute for a specialist bond of caution, saying that it might not cover such elements as embezzlement. Do you think that the Accountant of Court’s concerns have been resolved during the policy development process? Can you offer any information on the scope of contemporary professional indemnity insurance?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
Thank you. Does section 5, as it stands, cover that successfully?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
The committee has heard evidence from the legal profession suggesting that the proposed threshold for requiring caution is now set too high, and that alternative forms of security to a bond of caution should be considered where those are required. Do you have views on that?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
Thank you for those responses, because they are bringing something to life. It is very easy to fall into legal speak.
Section 4 of the bill sets out the qualifications that are required of a judicial factor, the main one being that the court decides that the person is “suitable” for that role. In Missing People’s response to the committee’s call for views, you supported the general idea that suitability for appointment does not come down to specific qualifications or other criteria. You said that families have to deal with practical concerns. For the benefit of the record, what barriers are there to a family member being appointed under section 4, and what steps can policy makers take to remove such barriers?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
That makes sense.
As things stand, under current law, a judicial factor has to find caution, which is a specialist bond from an insurance company to protect against wrongdoing by the factor and specifically theft from the estate, which you mentioned. Under section 5, there is a policy change to abolish the requirement on a judicial factor to find caution, except in “exceptional circumstances”. The committee has been looking into that. Do you think that a family member of a missing person should also be required to take out a bond of caution?
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
Thank you for that. You are happy with the situation as it stands just now anyway, and it is not something that you have to deal with very often.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
It might therefore be a wee bit over the score to change it for the sake of it anyway.
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
Section 5 of the bill covers caution. The policy argument for not requiring caution in all cases is that professionals who are appointed as factors will have their own professional indemnity insurance. In response to the commission’s consultation in 2010, the then Accountant of Court—I presume that it was not you at the time—
Delegated Powers and Law Reform Committee
Meeting date: 30 April 2024
Bill Kidd
I was wondering about that. With a layperson, you do not have any background on their expertise or whether they might be at it. Is that point well covered in the bill?