Chamber and committees

I have listened carefully to the evidence that has been given to the committee and it seems helpful if trustees who follow rules laid down by the Financial Conduct Authority for the protection of client assets were found to be liable for the breach of fiduciary duty, or otherwise criticised. Those are narrow and technical matters of general trust law that my officials and I need time to consider fully. I agree with Professor Gretton that the issues raised are potentially important. That is why we need to take time to understand them before considering how we can best resolve them. I confirm that I will write to the committee once I have considered the matters fully.

Yes, I think that that could be worth while. Perhaps an official might have more detail on that. Do you want to come in, Michael?

The Scottish Government’s aim is to bring the bill’s provisions and the section 104 order on pension trusts into force at the same time, as that would have the effect of applying the updated trust law in the bill to all types of Scottish trusts, including Scottish pension trusts, at the same time. That is the preferred approach, because it would avoid fragmenting trust law by creating different regimes for pension trusts and other kinds of trusts.

Should a 104 order not be forthcoming in time for the bill’s commencement, there is a range of options to ensure that no gap in the law is created for pension trusts. Sections 78 and 80 would allow provision to be made to keep the Trusts (Scotland) Act 1921 and any other parts of pre-reform legislation in force for pension trusts for as long as required. It would complicate the legislative landscape, and it is not a desirable solution, but it is possible.

Another option is to defer commencement of the bill as long as is necessary to ensure co-ordination with the section 104 order. Again, that is not desirable, but it demonstrates that a gap in the law would not be created.

No, I do not, but we will have to wait to see once we move that forwards.

I ask Michael Paparakis, who has worked on the bill during its history, to comment on that.

I am aware that healthy, wet blanket bog peatland is crucial to mitigating the risk of wildfire. The Scottish Government has set a world-leading target of restoring 250,000 hectares of degraded peatland by 2030. Against that target, we have restored more than 65,000 hectares. That commitment will ensure that the recent upward trend in the annual restoration rate continues. When in good condition, peatland can offer multiple benefits and resilience to our environment and our communities.

I thank Rachael Hamilton for bringing this important question to the chamber, and I echo her sentiments about the two firefighters. I am pleased to inform Parliament that they have been discharged from hospital, and I thank all the firefighters and others who are tackling the wildfire.

The weather and the condition of vegetation at this time of year lend themselves to fires starting easily and spreading quickly. It is crucial that people act safely and responsibly, because one heat source can cause ignition and, if the wind changes direction, the smallest fire can spread and devastate entire communities, hillsides, livestock, farmland, wildlife, protected woodland and sites of special scientific interest.

The Scottish Fire and Rescue Service works closely with a number of partners to establish a common understanding of the risk prevention measures and response procedures. Through the Scottish Wildfire Forum, a wildfire danger assessment is carried out regularly when the risk reaches “very high” or “extreme”, and the assessment is shared with key contacts. That information is also used to develop public-facing messaging.

I thank Evelyn Tweed for that important question. Through the Scottish Wildfire Forum, which the Scottish Fire and Rescue Service chairs, a wildfire danger assessment is carried out every five to seven days by a third-party expert. When the risk of wildfire reaches “very high” or “extreme”, the assessment is circulated across a wide network of key contacts, including those in the public and private sectors, to ensure the widest possible coverage. That information is also used to produce public-facing messaging that the SFRS issues across various media channels to ensure that visitors are aware of wildfire warnings and the steps that they must take to reduce the risks.

The Scottish Government has learned lessons. This is an operational matter for the Scottish Fire and Rescue Service, but I have been assured that the service remains fully ready and able to respond to any instance of wildfire that occurs anywhere across Scotland.

The Scottish Government has continued the commitment to support SFRS service delivery and reform with a further uplift of £10 million resource for 2023-24, which brings the total available budget for the SFRS to £368.1 million for 2023-24. How that budget is spent is up to the SFRS.

I echo Rhoda Grant’s sentiments regarding the firefighters.

I do not have any inside information on how the fire started, but I am happy to look into that to see how we can raise awareness and prevent such fires in the future.

In relation to what we can do, I go back to what I said in response to a previous question. Through the Scottish Wildfire Forum, which the SFRS chairs, a wildfire danger assessment is carried out every five to seven days by a third-party expert. As I said, that assessment is circulated across a wide network of key contacts.