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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 5 May 2021
  6. Current session: 12 May 2021 to 11 August 2025
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Displaying 914 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

On that basis, once the court has made the decision on who the judicial factor should be, after looking into the background of the case and what it is about, what happens if someone disagrees? Is it possible for anyone to challenge that decision?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

That seems perfectly sensible—somebody has to do it, do they not?

We understand that, when the court appoints a judicial factor in relation to a solicitor or a firm of solicitors under the Solicitors (Scotland) Act 1980, it is typically the Law Society’s in-house judicial factor who is appointed. In other words, it is the society’s director of interventions—that is you, Ms Grandison. However, the Faculty of Procurators of Caithness has suggested that the current system does not always work and that the judicial factor in such cases should always be wholly independent of the Law Society.

Ms Grandison, I think that you should answer this question first, and then anyone else on the panel who wants to comment is welcome to do so. Does the Law Society—or anyone else who wants to comment—believe that the current approach, with an in-house factor, is the correct one?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

We talked earlier about how long some judicial factories can last. Do you think that the average judicial factory lasts long enough that there needs to be concern about the nature of the investments? You have said that there are new kinds of investment that might not have been thought of before. Will some judicial factories last long enough to cause concern, even though they did not cause concern at their start?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

Is there a general perception that, actually, it gives comfort to people who are in those circumstances?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

The case has to progress so, once the elements of contention have been considered, the court will make its final decision, basically.

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—that is really useful. I suppose that that fits in with the statement in the strategic plan that the commissioner’s office will work

“as an Independent Children’s Rights Institution”.

There needs to be a focal point and a place that people know that they can go to. They need to know what their rights are, and if people or organisations breach those rights, they need somebody with expertise to know what direction to head in to resolve that. Is that the approach that you will take in order to uphold children’s rights? Do you have an idea about timescales?

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

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?