Chamber and committees

I will bring in Michael Paparakis to respond to that.

I am willing to work with the committee on this issue. Under the Recognition of Trusts Act 1987, a truster may determine which law governs a trust that they set up. The proposed example power in the bill would make it clear that the truster may confer their power to determine the law that governs a trust on to a protector. That may be relevant when no applicable law has been chosen by the truster and would prevent the need to rely on the default statutory provisions that narrate how the law governing a trust is to be determined where there is no expense provision.

I have listened to the evidence on the issue, which appears to be causing the committee some concern, and I will work with the committee in the coming months try to reach agreement.

Currently, it is usual for trustees to be personally liable for litigation expenses in order that successful opponents have the right of relief against the trust estate. Section 65 clarifies that the starting point is that a trustee does not incur personal liability and will only do so when certain grounds exist, as set out in sections 65(2) and 65(3) and the court exercises its discretion to make an order for expenses against the trustee personally on one of those grounds.

Section 65 achieves what the Law Society seemed to be asking for by making the default position that trustees are not personally liable for expenses. There are some exceptions to that default position, but they are subject to the court’s discretion, which is widely drawn. That ensures that trustees of underfunded trusts who unnecessarily litigate are not given an unfair advantage in litigation proceedings.

My officials might want to add something further.

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.

I do. As a result of climate change, there has already been warming in Scotland, with more extreme weather events and rising sea levels. As a nation, we must continue to adapt to those changes and prepare for the impacts of global climate change that are already locked in.

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.

Steps to modernise the fire service estate are decisions for the Scottish Fire and Rescue Service to make. The Scottish Government has provided the service with a capital budget of £32.5 million for 2023-24. The allocation of the capital budget, including the decision on whether to prioritise fleet, equipment or the fire service estate, is a matter for the SFRS.