Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill: Stage 1

Part of the debate – in the Scottish Parliament on 17th December 2020.

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Photo of John Swinney John Swinney Scottish National Party

I understand the argument that Mr Gray is marshalling. However, the waiver point is critical, because it hinges on the question of how we enable contributions to be made to the scheme by providers. That is the question that we are all trying to answer. In the judgment that I have come to, the point that Mr Gray makes about the relationship to insurers is adequately dealt with if the waiver is there, because it provides an alternative to court action. In marshalling his argument, Mr Gray acknowledged that an insurer might stand behind a provider in a court action. What I am trying to do with the bill is to find a means whereby the insurer will stand behind the provider for the alternative route. Without that, I cannot see how we elicit the contributions that we all want to see made by providers to a scheme of this type.