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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 4 May 2021
  6. Current session: 13 May 2021 to 7 November 2025
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Displaying 743 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Mercedes Villalba

Thank you very much. I will hand back to the convener.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Mercedes Villalba

Does the bill as drafted allow trustees to make such investments, or does it need to be amended to make it clear that such an option is open to them?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Mercedes Villalba

My question is on section 72, which is about the right of a spouse or civil partner to inherit. It features in part 2, which is on succession law, and various stakeholders, including the Law Society, have said that a distinction should be drawn between spouses or civil partners who were living with the deceased person at the time of their death and spouses or civil partners who had previously separated from the deceased person but who had not divorced or had not had the partnership dissolved.

It would be helpful for the committee to hear the witnesses’ views on that policy idea and that distinction. For example, do you agree that, with good drafting of the provision, it is possible to describe and define what is and is not separation? Obviously, we are aware of circumstances in which people are still very much together and in a relationship, even though they might be living separately for reasons outwith their control. One of them might be in prison, say, or working overseas. Is it possible to draft a clear distinction to cover those circumstances and would it be helpful to do so?

10:00  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Mercedes Villalba

As I understood it, the proposal was not to instruct but to include a clarification, for the avoidance of doubt. Are you saying that you do not think that that would be necessary, or that it would be unhelpful if it was included in the bill?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Mercedes Villalba

Are there changes that you would like to be made, based on that concern?

Meeting of the Parliament

First Minister’s Question Time

Meeting date: 11 May 2023

Mercedes Villalba

Thanks to the work of local campaigners, in February this year, Dundee City Council supported banning disposable vapes and called for a national ban from the Scottish Government. As there is already local support for such a ban, what consideration has the Scottish Government given to introducing a pilot ban on disposable vapes in Dundee to help to develop a model for a national ban?

Meeting of the Parliament

Portfolio Question Time

Meeting date: 10 May 2023

Mercedes Villalba

A representative of the British Medical Association has said that the closure of Inverurie medical practice in Aberdeenshire means that “no practice is safe” and that the crisis in GP care could lead to the collapse of NHS Scotland. What is the Scottish Government doing to support affected communities until such measures to increase GP numbers take place?

Meeting of the Parliament

Portfolio Question Time

Meeting date: 10 May 2023

Mercedes Villalba

The Scottish Government adopted a national marine plan in 2015 to develop a planning system for our seas, in which no-take zones play a part, but the recent Open Seas report, “Ease the Squeeze: Ocean Recovery in Busier Seas”, highlights the Government’s failure to comply with that plan. Therefore, will the Scottish Government commit to creating a cohesive spatial plan for our seas, with community consultation, engagement and development at its core?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Moving on to trustees’ powers of investment, I note that Ms Evans, along with the Law Society, has suggested that, in view of Scotland’s increasing emphasis on net zero, sections 16 and 17 could be amended to allow trusts to adopt environmentally friendly investment policies, particularly when those kinds of investments “might ... underperform compared to” other investments. We are keen to hear the views of the other witnesses on that policy idea.

In terms of drafting, the Scottish Law Commission seems to think that the bill would already permit trustees to focus on environmentally friendly investments. My question for everyone is: do you agree with that, or do you think that the bill would need to be altered to achieve that policy outcome, either partly or fully?

Perhaps we could start with Professor Gretton.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Thank you.