Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 15 February 2026
Select which types of business to include


Select level of detail in results

Displaying 821 contributions

|

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

No problem. I want to look at the right of a spouse or civil partner to inherit under the part of the bill that deals with succession law. Various people who responded to the call for views—including Ms Evans, who is here today—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 had not divorced or had the partnership dissolved.

The committee is interested in the views of other witnesses on that. How easy is it in practice to draft legislation making separation a key factor in the scope of section 72 when, sometimes, in practice, whether a couple has finally separated for good might not be entirely clear at any given point in time? How can legislation address that?

11:15  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

So, you see no need to amend the bill further to account for that, as this sort of thing can be done in other ways.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

I have a follow-up question. Would amending the bill in line with that approach mean that the definition would automatically be updated when it was updated in the 2000 act? Is it a more streamlined option for future proofing the bill—if, instead of having a set definition, it refers to the definition and interpretation in another act?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Ms Evans, when it comes to practical ways of amending the bill, would the statement that you mentioned be in the form of a “for the avoidance of doubt” clause? How do you see it working in practice?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

I think that it does. The issue that the committee is grappling with is how we might allow for separation to be a factor without excluding people in similar circumstances to the examples that were given by Professor Paisley, where the surviving spouse is not normally living with the deceased. There are a whole range of situations in which that might occur. How do we define separation without it merely being geographical? There are many circumstances in which people might be physically separated but still together, as it were.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

I will move on to sections 65 and 66, on the expenses of litigation. The Law Society, although supportive of the bill overall, is very concerned about the policy current underpinning section 65, which provides principles to determine how legal bills are paid for in trust cases. The Law Society says that trustees should not find themselves personally liable for the expenses of litigation where there is insufficient trust property. The Law Society thinks that section 65 will deter people from becoming trustees and may lead them to unfavourably settle or abandon legal proceedings for fear of personal liability. Do you share those concerns or can you offer the committee any reassurance in that regard?

Meeting of the Parliament

Portfolio Question Time

Meeting date: 4 May 2023

Mercedes Villalba

The Government’s new “Cycling Framework for Active Travel—A Plan for Everyday Cycling” includes welcome commitments for infrastructure developments. That is an exciting opportunity for new unionised and green public sector job creation. Will the minister confirm how many such jobs the Scottish Government expects the framework to create, and what discussions it has had with trade unions about developing those jobs?

Meeting of the Parliament

Portfolio Question Time

Meeting date: 3 May 2023

Mercedes Villalba

As the minister will know, the energy skills passport was due to launch in the first quarter of this year. We are now in May. The unexplained delays are reportedly due to opposition from the Global Wind Organisation—GWO—which is the offshore wind standards body. In the meantime, offshore workers continue to face barriers to transition.

Will the minister use her role and position to intervene and chair a crisis summit, which would include the Offshore Petroleum Industry Training Organisation, the GWO and the offshore trade unions—the National Union of Rail, Maritime and Transport Workers and Unite—to resolve that crisis, end the delay and give offshore energy workers the certainty that they need in order to transition?