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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 9 May 2025
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Displaying 841 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

I thank Lord Drummond Young for his evidence so far. Section 61 of the Trusts and Succession (Scotland) Bill proposes that, once a private trust has been in existence for 25 years, it can have its trust purposes altered on application to the Court of Session.

Half of those who responded to the committee’s call for views, including the Faculty of Advocates, believe that that period is longer than necessary and that the minimum period should be shorter. Some who responded said that there should be no period at all before which a court application could be made. What are your reflections on the responses that the committee received?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

Does that mean that, although section 61 proposes 25 years before someone could apply to the Court of Session, that period would not necessarily apply?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

That is really helpful.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

Under section 7 of the bill, trustees can remove a fellow trustee on the basis that the trustee has become incapable. Under section 12, a trustee does not get to participate in trust decisions if they are incapable or—perhaps more understandably—if they are untraceable. The possible risk of abuse of those provisions by trustees has been highlighted by some of the respondents to the call for views, such as Gillespie Macandrew LLP. Can you highlight any safeguards in the bill as it stands, or elsewhere in trust law, that would guard against that risk? Do you see some merit in the concerns?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

If you thought that that was controversial, you might think that my question is, too. Part 2 of the bill does not contain a blanket ban on an unlawful killer being an executor. As the law is not clear in this area, two academic lawyers, Dr Alisdair MacPherson and Professor Roddy Paisley of the University of Aberdeen, have suggested that part 2 of the bill be used to clarify the law in this area. The situation could be that the unlawful killer is the partner, husband or wife of the deceased and they would then become the executor of the will. That has raised a lot of concerns. What do you have to say about that?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

I suppose that it is about mental incapacity.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

Under the structure of the bill as introduced, would it be possible for a trustee to challenge such a decision without reaching the stage at which it was necessary to go to court? Would the ability to challenge be built in for anyone who was dealt with in such a manner?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Bill Kidd

That makes sense. Thank you very much.

Public Audit Committee

Section 22 Report: “The 2021/22 audit of Ferguson Marine Port Glasgow (Holdings) Limited”

Meeting date: 27 April 2023

Bill Kidd

I want to re-emphasise what you stated in your report. You said:

“There was a lack of transparency and good governance around the assessment and approval of these payments.”

You also stated:

“FMPG’s Remuneration Committee membership consists of: the Chair of the Board, two Non-Exec Board members and the Turnaround Director.”

It does not do any harm to emphasise who actually gave the right for those payments to be made, because it suggests that proper oversight of what was happening in the situation was not being taken from outside.