Chamber and committees

The review report was published yesterday and we are considering its recommendations.

The bill is part of a wider strategic programme of work including the Children (Care and Justice) (Scotland) Bill and work on the bairns’ hoose. On-going engagement is taking place with officials who are leading on this area to ensure that there is a joined-up approach across Government.

The Scottish Government has provided the Scottish Fire and Rescue Service with an additional budget of £4.4 million on top of the £10 million uplift that was set out in the 2023-24 budget announcement. The Scottish Fire and Rescue Service has advised me that locations have been identified through risk modelling using historical incident data and have been assessed as being the least impactful in relation to response times for the first and second appliances attending incidents.

The Scottish Fire and Rescue Service currently has in the region of 635 operational fire appliances across Scotland and this modest reduction will allow it to ensure that more of the remaining 625 operational appliances are always available for deployment. The service has extended an invitation to any member who wishes to raise concerns with the local service officers to discuss that issue.

Information provided by Police Scotland indicates that in the period since the 2021 act came into force, between August 2021 and February 2023, more than 5,000 reports of assaults or of threatening or abusive behaviour against retail workers have been received. Clearly, that number of reported incidents is very concerning and is unacceptable, but I hope that it also shows that retail employees are aware of the legislation and are using it. Last November, Police Scotland launched the national assault pledge and #NotPartOfTheJob campaign. It has also established a retailers forum where retailers can discuss issues and concerns and share best practice.

The Scottish Government is committed to advancing the rights of child victims through legislative and non-legislative measures. Both the Victims, Witnesses, and Justice Reform (Scotland) Bill and the Children (Care and Justice) (Scotland) Bill contain provisions to increase protection for the privacy and dignity of child victims. We recognise that children find aspects of the system particularly traumatising, so they will benefit from the trauma-informed and person-centred approaches that underpin the legislation.

We have also published our vision for the bairns’ hoose, which is a transformational, whole-system approach to delivering child protection, justice and health support and services to child victims.

I will bring in my officials to give you the history on that.

In terms of accessibility for laypersons, I am confident that the bill represents a vast improvement on what we currently have under the 1921 act and in other trust legislation. Given that trusts are used in a widely varied and ever-changing range of circumstances, producing and maintaining guidance that accommodates the breadth of purposes to which they are put would be a significant undertaking.

The Government has set out its priorities for this parliamentary session. I take on board Mr Balfour’s points regarding enhancing accessibility to people who are volunteering, but at this stage I think that any sort of campaign in that respect would not be a good use of public resources.

I am not concerned that it is going to put people off, but I am willing to consider the issue further. I will bring in my officials, who might be able to give you some history on the work that has been done previously.

The Scottish Government is committed to exploring the views of the wider general public on intestate succession and we have commissioned research from the Scottish Civil Justice Hub, which is a venture led by the University of Glasgow’s school of law in collaboration with the Scottish Government’s civil law and legal systems division. That phase of research has finished and we are awaiting the report on its findings, which will be published by the hub. When we receive a copy, we will consider whether any next steps need to be taken on succession law reform. The research will be used to inform any future reform, but we have no plans to progress any further primary legislation to reform fundamental aspects of succession law during the current parliamentary session.

On the risks of abuse, section 7 contains a number of safeguards against abuse of the power by trustees. First, a majority of the trustees must agree before a co-trustee can be removed from office; the power cannot be exercised by a minority of trustees or a single trustee acting without the support of a majority. Moreover, if a trustee abuses the power, it can be challenged in court. Trustees who wrongfully remove co-trustees might be in breach of a fiduciary duty and might find themselves removed, and if they have acted negligently or in bad faith, they can be personally liable for court expenses. My view is that the bill contains sufficient safeguards to ensure that trustees exercise the power appropriately, but I will ask whether any of my officials want to add further to the history behind this.

I am happy to take on any recommendations that the committee makes.

Perhaps my officials might want to come in on that point.