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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 5 May 2021
  6. Current session: 12 May 2021 to 26 June 2025
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Displaying 908 contributions

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Public Audit Committee

Section 22 Report: “The 2021/22 audit of South Lanarkshire College”

Meeting date: 22 June 2023

Bill Kidd

Is there a way in which the large amount of money that has been spent in this instance will help the college to move towards being in balance? There is a financial issue across all colleges, as we have talked about, but it has probably been worse in this case during this period. Will the money help to bring back a degree of balance in terms of temporary staff and so on?

Public Audit Committee

Written Authority: Completion of Vessel 802

Meeting date: 22 June 2023

Bill Kidd

I have a question on the back of that. I understand those elements. I do not want you to have to predict things—that sum of £120,000 has been allocated now for those specific elements—but, as things go forward, are there likely to be further requirements in that business scenario?

Education, Children and Young People Committee

Scottish Education Exchange Programme and Further and Higher Education Issues

Meeting date: 21 June 2023

Bill Kidd

You are talking about taking just over a couple of months, maybe three. It is not for me to make any decisions for the committee, but I think that it would be good if you came back to the committee before you stand up in Parliament and show us what will be implemented, so that we can interrogate that to some degree. Is that reasonable?

Education, Children and Young People Committee

Scottish Education Exchange Programme and Further and Higher Education Issues

Meeting date: 21 June 2023

Bill Kidd

Minister, you have stated clearly—we have all heard you—that the Scottish Government will not shy away from skills reform following the recommendations of the Withers review. You have mentioned that a couple of times this morning already. Can you share any further thinking on how those recommendations will be implemented? When can the response that sets out the way forward be expected?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Bill Kidd

That is clear. I am certain—I hope—that the committee will be pleased to work with the minister and the Government on that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Bill Kidd

As has been mentioned, chapter 7 of the bill says that the person who sets up a trust can appoint a protector to it. Section 49(3)(a) says that a protector could, for a particular trust,

“determine the law of the domicile of the trust”.

On a number of occasions, the issue of where trusts are based has been spoken about as an important aspect. What is the precise nature of the power that the Scottish Government intends to confer on protectors under that section?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Bill Kidd

We have heard differing views about the potential scope and effect of the provision. Do you accept that, if the provision remains, its drafting should be improved, particularly because some legal academics have suggested that the provision should simply be removed from the bill altogether?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Bill Kidd

The legal company CMS Cameron McKenna Nabarro Olswang LLP—which, thankfully, is simply referred to as CMS—raised a key concern about section 19 on nominees as currently drafted. It thinks that it may not go far enough in capturing the ways in which trusts are used in the financial services sector. Specifically, the firm has said doubt would remain as to whether trustees can use nominee custody structures and sub-custodians. The firm said that those structures and arrangements are permitted under the Financial Conduct Authority’s client asset rules and are commonplace in the financial services sector. Will you confirm whether section 19 allows the use of nominee custody structures and sub-custodians? If it does not, will you accept CMS’s view that there might be risks with that approach or do you have an alternative view?

10:45  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Bill Kidd

Should the drafting need to be improved, are you happy to work with the committee on that?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Bill Kidd

Minister, it seems a bit odd to me that an unlawful killer would be allowed to be the executor of their victim’s estate. However, apparently, that is a circumstance that pertains. Professor Paisley, Professor Gretton and a number of legal professionals and law firms have added their support for a specific proposal to clarify that an unlawful killer should not be able to be an executor of their victim’s estate. Professor Paisley proposed the idea first and others came on board with his suggestion. They told the committee that they think that the bill needs to be amended to clarify that the law does not permit an unlawful killer to be an executor of their victim’s estate. STEP Scotland identified section 6 of the bill as being potentially helpful in that respect. However, most of those who gave evidence said that dramatic action needs to be taken to address the issue.